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Boobs McGee
01-07-2010, 10:34 AM
OK, so, let me start by saying that I'm an idiot.

About a month ago, I had gone to a bar over in littleton (the no name, classy joint haha). Over the course of about 3 hours, a friend who I hadn't seen in a while and I split three pitchers. Well, we split the first two pitchers and he and I had a few sips out of the last one. So all in all, I had about 4 beers. I'm about 270 pounds.

Well, I knew that I'd be driving, so that's why I'd started slowing down...We left the bar at about a quarter 1, and I drove my buddy home.

Hopped on 470, heading east, and came to a construction zone. EARLIER THAT EVENING, I'd gone through the same area and there was NOTHING set up. I found out later that they'd set up the weekend zone at about 8 pm. Anywho, I'm driving, and apparently missed the reduced speed sign (i had the cruise control set at 65, construction zone limit was 55). As the lanes merged to one, i passed a state patrol car, who promptly pulled out behind me and turned on his lights. I slowed down, looked for an opening in the cones, and pulled over.

Officer asked if I knew how fast i was going, I said 65. He asked me if I knew the posted speed limit, I said i thought it was 65. He informed me of the limit, then took my license/registration and went to his car. Came back, and asked me if I'd been drinking. I said I had been. He then asked how much I'd had in the last hour, I said two beers. He then asked me to get out of the car and perform roadsides

I've never done these before, so I'm freaking out a little bit. First is the pen test (follow the pen with your eyes). Second, walk ten steps, turn, and walk ten steps back while counting each step. Nailed it. Third, stand on one foot, point other foot out in front of you with hands at your side and count out loud to ten. I'm counting, got to ten, asked him what to do, he said keep counting. So I ended up counting to about thirty without wavering.

NExt, he asked me to turn around, and put me in cuffs. By this time two other officers had arrived, and they informed me that i'm under arrest and would be taken to a center for either a blood or breath test. I asked which one would be better, they informed me that they couldn't tell me anything. SO i said breath. The officers were thanking me for being so cooperative, offering to move my car, get me a dip from my can of chew, etc etc.

Then, I'm with a new state patrol guy, heading off to the detox center. We had a nice conversation about the broncos, drinking and driving, etc etc.

Get to detox, blow a .049. The officer tells me he thinks the detox people won't keep me, SHOULDN"T keep me, because I"m not drunk. Go to the next office over, blow into a handheld breathilizer, and it's a .0323. Into detox I go (the officer tried telling them they shouldn't keep me, but to no avail). Spent the night there, blew triple zeros three hours later. paid 300 bucks, and was released.


NOW.

I've got court tomorrow, and can't afford a lawyer. I got the police report (discovery report as they call it), and noticed that the initial officer administering the tests had written down that I hadn't passed them like a sober person would have. He ALSO wrote that when he first asked me about the drinking that I VOLUNTEERED THE INFORMATION: I'VE HAD TWO DRINKS IN THE LAST HALF HOUR. bull****.

The second officers report talked about how cooperative I was, and that we'd talked about drinking and driving, and how I'd said in the end "I guess you just shouldn't drink and drive".

SO, here we are, and I'm nervous as hell. I don't know what to say to me court appointed attourney, what kind of a deal to ask for, etc etc. The lawyers I've spoken with think that a WORST CASE SCENARIO would be a deferred judgement DWAI, but that it would most likely be dropped to careless driving.
As it stands right now, my ticket says I was charged with speeding in a construction zone, and a DWAI.

I read that if the legal minimum for a DWAI is .05-.079. and that .08 and above is a DUI.

I blew under the legal minimum....

Basically, I know I ****ed up. Honestly, with my weight, and the amount of beer I had, I truly felt in my heart that I was within my rights to drive safely. I understand that the law will see it differently, but I'm looking for any suggestions, answers, numbers to call, websites to visit, WHATEVER, to help me better understand what I need to do tomorrow.

I've gotta get back to work, but thanks in advance for the help.

Cheers

cory

theAPAOps5
01-07-2010, 10:37 AM
You were under the limit but I think during the holidays they run a zero tolerance policy. Not sure anymore but you should have a case if you consistently blew below the DWAI limit let alone the DUI.

Not sure but you should have brought it up sooner as it would have given you more opinions to chose from.

I would fight it. You can choose to have a trial by a jury of your peers tomorrow. Might consider that.

kamakazi_kal
01-07-2010, 10:37 AM
Well here in california ..... it makes no difference. Even though the limit is .08 but if you have ANYTHING in your system your busted.

If you have no record prior you could try and get it reduced to wet/reckless that will still kill your insurance but better then a true duce.

vancejohnson82
01-07-2010, 10:38 AM
hmmm....its an interesting case

on the one hand, if you get in touch with a lawyer you can get this thrown out...but you don't have the money so I guess you are going to just plead your case to the judge yourself??

TheDave
01-07-2010, 10:39 AM
You go to court tomorrow for something this important and you are asking for help on a broncos message board the day before?

Wow... Good luck on that.

Ramathorn
01-07-2010, 10:40 AM
I dont have an answer. I just started as a law enforcement cadet in ohio but havent gotten that far yet. Good luck to you

Pontius Pirate
01-07-2010, 10:43 AM
Based on my expert legal opinion, you shouldn't have been drinking and driving.

Florida_Bronco
01-07-2010, 10:45 AM
Yeah sorry man, asking the day before you go to court doesn't give us much time to help you. I guess you could always get the officer who didn't feel you were drunk on the stand and question him if possible.

Either way, good luck.

Dagmar
01-07-2010, 10:48 AM
What steps have you taken so far? I assume this isn't the only one!

ColoradoDarin
01-07-2010, 10:49 AM
GET A LAWYER.

If you have to beg or borrow the money. DO IT. It will be the best investment you can make. See if one will take you on with a payment plan, whatever it is, just get one.

You want my other advice - never talk to the cops. Period. They aren't there to help you, they are there to gather evidence to be used against you (whether they get it right or not as you learned).

ward63
01-07-2010, 10:54 AM
They will appoint you a lawyer if you cannot afford one, first off. Second off....DO NOT BLOW!!! EVER!!! At least in the state of Ohio, it is not required by law, b/c if you don't really have any criminal record, you'll get off with a failure to control or wreckless op, like I did. Best thing is to learn from this and just don't drink if you're going to drive. I did...

Taco John
01-07-2010, 10:55 AM
You go to court tomorrow for something this important and you are asking for help on a broncos message board the day before?

Wow... Good luck on that.


The Orange Mane can fix EVERYTHING.

Beantown Bronco
01-07-2010, 10:58 AM
They will appoint you a lawyer if you cannot afford one, first off. Second off....DO NOT BLOW!!! EVER!!! At least in the state of Ohio, it is not required by law, b/c if you don't really have any criminal record, you'll get off with a failure to control or wreckless op, like I did.

Bad advice. In this case, it was a good thing that he did the breathalyzer. Look at his numbers. Both support his case.

Ohio obviously has a wacked system. In most states that I am aware of, simply refusing the breathalyzer gets you at least a lost license for a set period + fines, etc.

broncocalijohn
01-07-2010, 10:58 AM
Well here in california ..... it makes no difference. Even though the limit is .08 but if you have ANYTHING in your system your busted.

If you have no record prior you could try and get it reduced to wet/reckless that will still kill your insurance but better then a true duce.

where did u get that info from? He broke no laws as I assume he is over 21. If he doesnt hit .08, he isnt drunk. He went 65 in a 55 zone. He gets a speeding ticket. I have been pulled over and told the officer I had a couple of beers (after World Series game) and I dont even think i took a drunk test. I got my ticket and was off to my house. If .08 is a law, then why isnt it .00? Kal, you are giving bad info.

TailgateNut
01-07-2010, 10:59 AM
They will appoint you a lawyer if you cannot afford one, first off. Second off....DO NOT BLOW!!! EVER!!! At least in the state of Ohio, it is not required by law, b/c if you don't really have any criminal record, you'll get off with a failure to control or wreckless op, like I did. Best thing is to learn from this and just don't drink if you're going to drive. I did...


BAD ADVICE!!! In Colorado you have the Express consent law and will automatically lose your license if you refuse! No lawyer can help you with that!

broncocalijohn
01-07-2010, 11:00 AM
Bad advice. In this case, it was a good thing that he did the breathalyzer. Look at his numbers. Both support his case.

Ohio obviously has a wacked system. In most states that I am aware of, simply refusing the breathalyzer gets you at least a lost license for a set period + fines, etc.

You can get the blood test as it is more accurate. In California, you can refuse the test outside of your car. It isnt accurate and I would probably refuse if i didnt know i was intoxicated by the .08 standards.

Quoydogs
01-07-2010, 11:00 AM
So first they post a law which states that you can drive Legal at .07. The part you have to figure out is the calculation of how much alcohol had left your body while driving to the cop shop + booking time. My friend blew a 033 at the cop shop and thought it would be no problem getting off. However they did the math and showed up to court with it and estimated that he would have been at a .09 or better. Now he got nailed even though his lawyer stated that you can not base a case off of estimation. So basically your screwed sorry man its ****ty but cops can do no wrong.

broncocalijohn
01-07-2010, 11:01 AM
I dont have an answer. I just started as a law enforcement cadet in ohio but havent gotten that far yet. Good luck to you

You better not fail at it or Lex will be back from his banning and rip you a new one. It was Lex, correct?

Rabb
01-07-2010, 11:06 AM
You better not fail at it or Lex will be back from his banning and rip you a new one. It was Lex, correct?

I had no idea he was banned, for what?

ward63
01-07-2010, 11:08 AM
BAD ADVICE!!! In Colorado you have the Express consent law and will automatically lose your license if you refuse! No lawyer can help you with that!

That's what they say about Ohio, but a friend of mine is a lawyer (and was my lawyer) says that you are very, very likely to get it dropped if you don't blow. He's had many many cases in SW Ohio and Eastern Indiana and has never had anybody lose their license. I'm not saying that i know the Colorado laws, but I got pulled over for drunk driving back in August and knowing what my lawyer/friend told me I didn't blow. I have no prior criminal or driving record and the court dropped it to a wreckless operation. So I have experience in it. Everybody say that you lose your license for a year, but it's a scare tactic b/c the breathalyzer is the only thing that holds up in court. Also, if you do the other tests HORRIBLY, you are screwed.

TheDave
01-07-2010, 11:08 AM
The Orange Mane can fix EVERYTHING.

Hilarious! he better hope so.

FWIW I'm going to court tomorrow on some trumped up ax murder charges... anyone got any advice?

bpc
01-07-2010, 11:09 AM
Damn. All you can say is don't drink and drive.

Nothing good ever comes from it. They got you by the balls now.

Rabb
01-07-2010, 11:10 AM
Hilarious! he better hope so.

FWIW I'm going to court tomorrow on some trumped up ax murder charges... anyone got any advice?

pray that they didn't get you patting the victim on the chest with some obvious undertones on the way to your locker

ColoradoDarin
01-07-2010, 11:10 AM
Hilarious! he better hope so.

FWIW I'm going to court tomorrow on some trumped up ax murder charges... anyone got any advice?

Plead insanity. For evidence, show your posting history Hilarious!

Sorry, you set it up too easy.

Beantown Bronco
01-07-2010, 11:11 AM
Hilarious! he better hope so.

FWIW I'm going to court tomorrow on some trumped up ax murder charges... anyone got any advice?

Plead insanity.

You know we'll all testify on your behalf.

Dagmar
01-07-2010, 11:11 AM
Hilarious! he better hope so.

FWIW I'm going to court tomorrow on some trumped up ax murder charges... anyone got any advice?

Is this you?

http://i50.photobucket.com/albums/f340/queen_vell/AmericanPsycho.gif

Beantown Bronco
01-07-2010, 11:11 AM
Same page rep!

TheDave
01-07-2010, 11:12 AM
pray that they didn't get you patting the victim on the chest with some obvious undertones on the way to your locker


Plead insanity. For evidence, show your posting history Hilarious!

Sorry, you set it up too easy.

:thumbs: Well played... Well played

Pontius Pirate
01-07-2010, 11:17 AM
Here is what you need to do:

1) Rub peanut butter into your buttcrack
2) Go to court and address the judge
3) As you are talking, put your hands down your buttcrack and produce your peanut covered hand
4) Lick your hand

The judge will be all "this man is crazy! case dismissed!" Works never. Or just go to court hammered and be all "I got a medical problem - I'm an alcoholic. This proceeding is a discriminatory act against my disability and I invoke the ADA to have this case thrown out." That works too almost never.

Dr. Broncenstein
01-07-2010, 11:18 AM
You should have never talked to the cops. You are on record admitting drinking, and probably flunked the subjective and arbitrary roadside test. First step should have been exerting your constitutional right to remain silent and/or not provide incriminating evidence. Those are both gone. The second thing you should have done (and still should do) is to get a lawyer. If you think a lawyer is expensive, just wait and see what a DUI / DWI is going to cost in the long run. Get a lawyer ASAP. Or maybe just never drive if you drink. I know it sounds crazy, but I follow that rule. I can't have a single offense or I would get in all kinds of trouble with the state medical board, DEA, etc. Get a cab, whatever it costs. It will save you money if it prevents one DUI.

Drek
01-07-2010, 11:19 AM
I'm not sure what the laws are in Colorado, but in many states the speeding in a construction zone charge is going to be FAR worse than the DWAI.

To deal with the DWAI, simply talk to your appointed attorney and show how you clearly where below the legal limit. They should present that side of the story, but ultimately you will be at the mercy of the judge because you conceded that you had been drinking. The numbers are often no more the law than a estimated number of drinks within a time frame. Just because you're a big dude who can handle more alcohol doesn't mean you'll get a pass for drinking more than other people before driving.

In the end you're looking at a coin toss. If there is a decent opportunity to just plead out you might want to consider it.

Beantown Bronco
01-07-2010, 11:19 AM
Here is what you need to do:

1) Rub peanut butter into your buttcrack
2) Go to court and address the judge
3) As you are talking, put your hands down your buttcrack and produce your peanut covered hand
4) Lick your hand

The judge will be all "this man is crazy! case dismissed!" Works never. Or just go to court hammered and be all "I got a medical problem - I'm an alcoholic. This proceeding is a discriminatory act against my disability and I invoke the ADA to have this case thrown out." That works too almost never.

Someone just watched Training Day.

TailgateNut
01-07-2010, 11:20 AM
That's what they say about Ohio, but a friend of mine is a lawyer (and was my lawyer) says that you are very, very likely to get it dropped if you don't blow. He's had many many cases in SW Ohio and Eastern Indiana and has never had anybody lose their license. I'm not saying that i know the Colorado laws, but I got pulled over for drunk driving back in August and knowing what my lawyer/friend told me I didn't blow. I have no prior criminal or driving record and the court dropped it to a wreckless operation. So I have experience in it. Everybody say that you lose your license for a year, but it's a scare tactic b/c the breathalyzer is the only thing that holds up in court. Also, if you do the other tests HORRIBLY, you are screwed.


Horse dung. In Colorado you have what I would consider double jeopardy.

1. The DMV has set rules and regs and no ****ing lawyer can get you out of the mess with them. They don't give a ****. It's "here's" the statute, see ya!

2. Then you get to go to court and deal with the mess the Judge decides to throw at you after the cops lie their asses off!

RaiderH8r
01-07-2010, 11:21 AM
OK, so, let me start by saying that I'm an idiot.

About a month ago, I had gone to a bar over in littleton (the no name, classy joint haha). Over the course of about 3 hours, a friend who I hadn't seen in a while and I split three pitchers. Well, we split the first two pitchers and he and I had a few sips out of the last one. So all in all, I had about 4 beers. I'm about 270 pounds.

Well, I knew that I'd be driving, so that's why I'd started slowing down...We left the bar at about a quarter 1, and I drove my buddy home.

Hopped on 470, heading east, and came to a construction zone. EARLIER THAT EVENING, I'd gone through the same area and there was NOTHING set up. I found out later that they'd set up the weekend zone at about 8 pm. Anywho, I'm driving, and apparently missed the reduced speed sign (i had the cruise control set at 65, construction zone limit was 55). As the lanes merged to one, i passed a state patrol car, who promptly pulled out behind me and turned on his lights. I slowed down, looked for an opening in the cones, and pulled over.

Officer asked if I knew how fast i was going, I said 65. He asked me if I knew the posted speed limit, I said i thought it was 65. He informed me of the limit, then took my license/registration and went to his car. Came back, and asked me if I'd been drinking. I said I had been. He then asked how much I'd had in the last hour, I said two beers. He then asked me to get out of the car and perform roadsides

I've never done these before, so I'm freaking out a little bit. First is the pen test (follow the pen with your eyes). Second, walk ten steps, turn, and walk ten steps back while counting each step. Nailed it. Third, stand on one foot, point other foot out in front of you with hands at your side and count out loud to ten. I'm counting, got to ten, asked him what to do, he said keep counting. So I ended up counting to about thirty without wavering.

NExt, he asked me to turn around, and put me in cuffs. By this time two other officers had arrived, and they informed me that i'm under arrest and would be taken to a center for either a blood or breath test. I asked which one would be better, they informed me that they couldn't tell me anything. SO i said breath. The officers were thanking me for being so cooperative, offering to move my car, get me a dip from my can of chew, etc etc.

Then, I'm with a new state patrol guy, heading off to the detox center. We had a nice conversation about the broncos, drinking and driving, etc etc.

Get to detox, blow a .049. The officer tells me he thinks the detox people won't keep me, SHOULDN"T keep me, because I"m not drunk. Go to the next office over, blow into a handheld breathilizer, and it's a .0323. Into detox I go (the officer tried telling them they shouldn't keep me, but to no avail). Spent the night there, blew triple zeros three hours later. paid 300 bucks, and was released.


NOW.

I've got court tomorrow, and can't afford a lawyer. I got the police report (discovery report as they call it), and noticed that the initial officer administering the tests had written down that I hadn't passed them like a sober person would have. He ALSO wrote that when he first asked me about the drinking that I VOLUNTEERED THE INFORMATION: I'VE HAD TWO DRINKS IN THE LAST HALF HOUR. bull****.

The second officers report talked about how cooperative I was, and that we'd talked about drinking and driving, and how I'd said in the end "I guess you just shouldn't drink and drive".

SO, here we are, and I'm nervous as hell. I don't know what to say to me court appointed attourney, what kind of a deal to ask for, etc etc. The lawyers I've spoken with think that a WORST CASE SCENARIO would be a deferred judgement DWAI, but that it would most likely be dropped to careless driving.
As it stands right now, my ticket says I was charged with speeding in a construction zone, and a DWAI.

I read that if the legal minimum for a DWAI is .05-.079. and that .08 and above is a DUI.

I blew under the legal minimum....

Basically, I know I ****ed up. Honestly, with my weight, and the amount of beer I had, I truly felt in my heart that I was within my rights to drive safely. I understand that the law will see it differently, but I'm looking for any suggestions, answers, numbers to call, websites to visit, WHATEVER, to help me better understand what I need to do tomorrow.

I've gotta get back to work, but thanks in advance for the help.

Cheers

cory

GET AN ATTORNEY!

If this is just an arraignment hearing plead "Not Guilty", you don't need an attorney to do that. It buys you time to get your head together and get some sense of this thing. You can plead guilty to whatever charge at any time down the road. Go to the court to see if you qualify for a court appointed attorney. If not then either A: pony up and hire one or B: get your case in order. Find out who will be handling your case from the prosecution side and get their contact info. If you deal push for the speeding ticket and apply the $300 you paid as the fine for your offense.

First get a copy of the police report. Also you'll want your driving records to demonstrate you have a clean record and no prior incidents of this kind (I'm guessing you don't).

Second, request to view and copy the tape made from the officer's dash board camera to compare with your memory of the event, paying specific attention to details like telling him how many you had over the course of what period of time. Try to be objective in how you judge your level of impairment WRT to your "stupid human tricks". Request to view and copy the tapes from the detention center from the time you were brought there and analyze those against the police report and make sure they document your BAC levels during your time in the detox.

Get your receipts and witness from the night in question. Hopefully you can or have an itemized receipt showing that only X amount of alcoholic beverages were consumed and the meals that went with them to demonstrate that the officer's assertion that you drank X amount in 30 minutes is absurd considering what is normal for the discourse of a dinner engagement with beverages. If possible get statements from the waittress on duty.

The judge should be there to ensure you are tried fairly. Again, I strongly advise getting an attorney, even a court appointed one. And the above list should still be something you work towards with your attorney.

If you can track down your prosecutor beforehand and strike a deal to the aforementioned speeding ticket and fine paid you can try that...but after talking to an attorney.

I'm not an attorney but I stayed at a Holiday Inn Express last night. Seriously though, I've been down this road and these are the things I learned.

missingnumber7
01-07-2010, 11:26 AM
Hilarious! he better hope so.

FWIW I'm going to court tomorrow on some trumped up ax murder charges... anyone got any advice?

Print off All Suvivor transcripts...have the court appointed lawyer submit them as evidence.


If that don't get you put away for the rest of eternity...they should let you off on the ax murder charges too.

RaiderH8r
01-07-2010, 11:28 AM
BAD ADVICE!!! In Colorado you have the Express consent law and will automatically lose your license if you refuse! No lawyer can help you with that!

That's right. Expressed consent laws are ironclad and are what they whack you with when it comes to the license suspension for refusal to blow. My advice if you've been drinking and you see the lights is to decide immediately if you want to risk the blow or just want to cough up your license for 6-12 months (depending on the state). There is not a damn thing a lawyer can do for expressed consent. But if you blow over the limit there ain't a damn thing a lawyer can do about that either. Expressed consent does not, however, apply to stupid human tricks. You do not have to participate in those one iota. The issue of cooperation is another matter for discussion.

Pontius Pirate
01-07-2010, 11:34 AM
someone just watched training day.

bingo

DomCasual
01-07-2010, 11:35 AM
You should talk to the judge about a writ of Habeas Corpus - put the SYSTEM on trial!

Dr. Broncenstein
01-07-2010, 11:39 AM
You should talk to the judge about a writ of Habeas Corpus - put the SYSTEM on trial!

Someone just watched Cable Guy. Sthyesthem, BTW.

underrated29
01-07-2010, 11:45 AM
thats why you have a **** ton of saltine crackers and bottled water in your car. At all times.

If you get pulled over you down those effers like no tomorrow. No matter if you fail the roadside or blow test. You request to have a BAC done. by the time you get down to the station to get your blood test the saltines and water you downed ( i mean like half a packet and a bottle atleast, you must do it quick) should dilute and absorb enough to lower the BAC.

But you didnt, so I like the Holiday Inns guys thoughts best.



Good Luck.

ward63
01-07-2010, 12:03 PM
Horse dung. In Colorado you have what I would consider double jeopardy.

1. The DMV has set rules and regs and no ****ing lawyer can get you out of the mess with them. They don't give a ****. It's "here's" the statute, see ya!

2. Then you get to go to court and deal with the mess the Judge decides to throw at you after the cops lie their asses off!

I am telling you EXACTLY what happen to me. I didn't have a license for two months.

Boobs McGee
01-07-2010, 12:27 PM
Thanks to everybody thus far.

TheDave, I've been researching my ass off, consulting with lawyers, talking to everyone I could...I just figured this would be my stop for last minute advice, possibly see if anyone else had gone through something similar.

Rusty, Yes, this is my first offense. I've had one speeding ticket in the last 3 years (no priors, never been arrested, etc etc.).

I wish I would have known about the non essential roadsides...I was aware (the officers MADE me aware) that if I refused a breathalyzer or blood test, that my license would be immediately taken and I'd be in some deep ****. In talking with other police officers, I've been told that even if you nail the walking, standing, jumping etc tests, they EYE test doesn't lie. Something about, if you've consumed a certain amount of alchohol, your pupils will shake as they follow the pen. I'm guessing that's where he got me.

Raiderh8, VERY informative post. This IS just the arraignment hearing, and from what I understand my DA (court appointed) and I will meet, and the prosecution will have looked at my case, at which time they'll either offer me a deal or I'll plead not guilty.
I've already obtained the copy of my discovery report (a compounded report from the officers at the scene from start to finish). I've also obtained copies of all of my detox paperwork, and have a copy of the receipt from the bar. THAT receipt, unfortunately, isn't itemized, and since my friend and I split the bill with cash, I don't know how it would help.
As far as getting the video/audio tapes from the scene, that sounds like a great idea. I wonder how much that will help, in terms of the officer reporting something completely different than was actually communicated?

So in regards to tomorrow, is THAT the point in time when I'd try to negotiate the speeding ticket?

I also have a class A CDL, but wasn't operating a truck at the time, so I was told that it wouldn't matter in my case.

I work with community service workers all the time who've blown WELL above the legal limit, and if they're first time offenders, nine times out of ten they get plead' down to DWAI's.... so I'm hoping for the best, preparing for the worst.

Let me ask your guys' opinion on this...

IF in fact they DO give me a bargain, like for instance, a deferred judgement DWAI, would that be something to take? Or would it better to try and fight that?

Obviously, the ultimate hope is that I get offered a speeding ticket and careless driving (again, what three different lawyers thought would happen).

Florida_Bronco
01-07-2010, 12:29 PM
IF in fact they DO give me a bargain, like for instance, a deferred judgement DWAI, would that be something to take? Or would it better to try and fight that? Personally, I would take it.

Boobs McGee
01-07-2010, 12:30 PM
Personally, I would take it.

from my understanding, if i TOOK that deal, I would essentially be on probation for a determined amount of time, would have to take classes and whatnot, but would retain my license without restriction? is that correct?

AlphaOmega
01-07-2010, 12:35 PM
You go to court tomorrow for something this important and you are asking for help on a broncos message board the day before?

Wow... Good luck on that.

I Agree with TheDave!

I stopped reading after this...

"About a month ago, I had gone to a bar over in littleton..."

Archer81
01-07-2010, 12:41 PM
My brother got a DWAI last January. He had no priors, so basically he has to do community service and pay fines. His BAC wasnt all that high, but they still arrested him and gave me a call at 330am to pick him up from the Sheriff in Canon...he got a lawyer, and that was the "deal" he and the DA worked out.

:Broncos:

Zoobie
01-07-2010, 12:46 PM
Thanks to everybody thus far.

TheDave, I've been researching my ass off, consulting with lawyers, talking to everyone I could...I just figured this would be my stop for last minute advice, possibly see if anyone else had gone through something similar.

Rusty, Yes, this is my first offense. I've had one speeding ticket in the last 3 years (no priors, never been arrested, etc etc.).

I wish I would have known about the non essential roadsides...I was aware (the officers MADE me aware) that if I refused a breathalyzer or blood test, that my license would be immediately taken and I'd be in some deep ****. In talking with other police officers, I've been told that even if you nail the walking, standing, jumping etc tests, they EYE test doesn't lie. Something about, if you've consumed a certain amount of alchohol, your pupils will shake as they follow the pen. I'm guessing that's where he got me.

Raiderh8, VERY informative post. This IS just the arraignment hearing, and from what I understand my DA (court appointed) and I will meet, and the prosecution will have looked at my case, at which time they'll either offer me a deal or I'll plead not guilty.
I've already obtained the copy of my discovery report (a compounded report from the officers at the scene from start to finish). I've also obtained copies of all of my detox paperwork, and have a copy of the receipt from the bar. THAT receipt, unfortunately, isn't itemized, and since my friend and I split the bill with cash, I don't know how it would help.
As far as getting the video/audio tapes from the scene, that sounds like a great idea. I wonder how much that will help, in terms of the officer reporting something completely different than was actually communicated?

So in regards to tomorrow, is THAT the point in time when I'd try to negotiate the speeding ticket?

I also have a class A CDL, but wasn't operating a truck at the time, so I was told that it wouldn't matter in my case.

I work with community service workers all the time who've blown WELL above the legal limit, and if they're first time offenders, nine times out of ten they get plead' down to DWAI's.... so I'm hoping for the best, preparing for the worst.

Let me ask your guys' opinion on this...

IF in fact they DO give me a bargain, like for instance, a deferred judgement DWAI, would that be something to take? Or would it better to try and fight that?

Obviously, the ultimate hope is that I get offered a speeding ticket and careless driving (again, what three different lawyers thought would happen).


The shaky pupil thing with the pen must be universal for any inebriation, because that's how the officer who pulled me over said he knew I was stoned.

Boobs McGee
01-07-2010, 12:48 PM
My brother got a DWAI last January. He had no priors, so basically he has to do community service and pay fines. His BAC wasnt all that high, but they still arrested him and gave me a call at 330am to pick him up from the Sheriff in Canon...he got a lawyer, and that was the "deal" he and the DA worked out.

:Broncos:

Did he lose his license? And if it's not too personal, do you know roughly what kind of fines he ended up paying? The community service work wouldn't be a big deal, because my boss told me I'd basically just use some comp time at my work, and do it that way.

bombay
01-07-2010, 12:56 PM
In theory, they should drop the DWAI. Under .05 is under, period. If they press the point and try to convict you, plead not guilty in order to buy time, at which point you absolutely need a lawyer. Having a conviction for DWAI will cost you a fortune in terms of insurance, etc, and it will stay on your record forever. Don't let them railroad you. The law should be on your side in this instance.

It will cost you much more than a lawyer would if they wrongfully convict you on this charge.


PS: only read the first post, so I'm sorry if this is redundant.

Archer81
01-07-2010, 12:57 PM
Did he lose his license? And if it's not too personal, do you know roughly what kind of fines he ended up paying? The community service work wouldn't be a big deal, because my boss told me I'd basically just use some comp time at my work, and do it that way.


No, he kept his license. He wasnt drunk. His fines and court costs came out to about $800, but the Fremont County court was ok with him making payments rather than writing a single check. This was in Fremont County, so I am not sure if the fines are the same county to county.

:Broncos:

HAT
01-07-2010, 01:15 PM
I don't have any advice for you in particular because the damage is done.

In the future...never admit to drinking in the first place. Had you answered that question with a simple "no" it's likely he lets you go on your merry way.

I've also been told that if you are asked to step out and do a field test that you should bump your head on the door jamb when exiting the vehicle. The dash cam will catch it and it will provide reasonable doubt to the field test results.

vancejohnson82
01-07-2010, 01:17 PM
I don't have any advice for you in particular because the damage is done.

In the future...never admit to drinking in the first place. Had you answered that question with a simple "no" it's likely he lets you go on your merry way.

I've also been told that if you are asked to step out and do a field test that you should bump your head on the door jamb when exiting the vehicle. The dash cam will catch it and it will provide reasonable doubt to the field test results.

hahahaha....that is great

Beantown Bronco
01-07-2010, 01:21 PM
I've never done these before, so I'm freaking out a little bit. First is the pen test (follow the pen with your eyes). Second, walk ten steps, turn, and walk ten steps back while counting each step. Nailed it. Third, stand on one foot, point other foot out in front of you with hands at your side and count out loud to ten. I'm counting, got to ten, asked him what to do, he said keep counting. So I ended up counting to about thirty without wavering.


Apparently, we have different definitions of "nailing it." For those interested, here is some footage of bronconia's roadside test:

<object width="425" height="344"><param name="movie" value="http://www.youtube.com/v/QzgwGf0kIoM&hl=en_US&fs=1&"></param><param name="allowFullScreen" value="true"></param><param name="allowscriptaccess" value="always"></param><embed src="http://www.youtube.com/v/QzgwGf0kIoM&hl=en_US&fs=1&" type="application/x-shockwave-flash" allowscriptaccess="always" allowfullscreen="true" width="425" height="344"></embed></object>

TDmvp
01-07-2010, 01:24 PM
paging BroncoBuff ... Paging BroncoBuff ...

TheElusiveKyleOrton
01-07-2010, 01:28 PM
Apparently, we have different definitions of "nailing it." For those interested, here is some footage of bronconia's roadside test:

<object width="425" height="344"><param name="movie" value="http://www.youtube.com/v/QzgwGf0kIoM&hl=en_US&fs=1&"></param><param name="allowFullScreen" value="true"></param><param name="allowscriptaccess" value="always"></param><embed src="http://www.youtube.com/v/QzgwGf0kIoM&hl=en_US&fs=1&" type="application/x-shockwave-flash" allowscriptaccess="always" allowfullscreen="true" width="425" height="344"></embed></object>

For the mother****in' win.

Meck77
01-07-2010, 01:30 PM
I don't have any personal advice other than I agree with those who say get a liar. I mean a lawyer. Maybe call this scum bag eerr I mean attorney. http://www.sawayalaw.com/

I actually posted his link on New Years eve a few days ago. He pays for cab rides on major drinking holidays around Denver. It doesn't sound like you were staggering dumb so maybe he can help you catch a break.

Good luck.

Boobs McGee
01-07-2010, 01:30 PM
Apparently, we have different definitions of "nailing it." For those interested, here is some footage of bronconia's roadside test:

<object width="425" height="344"><param name="movie" value="http://www.youtube.com/v/QzgwGf0kIoM&hl=en_US&fs=1&"></param><param name="allowFullScreen" value="true"></param><param name="allowscriptaccess" value="always"></param><embed src="http://www.youtube.com/v/QzgwGf0kIoM&hl=en_US&fs=1&" type="application/x-shockwave-flash" allowscriptaccess="always" allowfullscreen="true" width="425" height="344"></embed></object>

How'd you get your hands on my tape ;)

RaiderH8r
01-07-2010, 01:31 PM
Thanks to everybody thus far.

TheDave, I've been researching my ass off, consulting with lawyers, talking to everyone I could...I just figured this would be my stop for last minute advice, possibly see if anyone else had gone through something similar.

Rusty, Yes, this is my first offense. I've had one speeding ticket in the last 3 years (no priors, never been arrested, etc etc.).

I wish I would have known about the non essential roadsides...I was aware (the officers MADE me aware) that if I refused a breathalyzer or blood test, that my license would be immediately taken and I'd be in some deep ****. In talking with other police officers, I've been told that even if you nail the walking, standing, jumping etc tests, they EYE test doesn't lie. Something about, if you've consumed a certain amount of alchohol, your pupils will shake as they follow the pen. I'm guessing that's where he got me.

Raiderh8, VERY informative post. This IS just the arraignment hearing, and from what I understand my DA (court appointed) and I will meet, and the prosecution will have looked at my case, at which time they'll either offer me a deal or I'll plead not guilty.
I've already obtained the copy of my discovery report (a compounded report from the officers at the scene from start to finish). I've also obtained copies of all of my detox paperwork, and have a copy of the receipt from the bar. THAT receipt, unfortunately, isn't itemized, and since my friend and I split the bill with cash, I don't know how it would help.
As far as getting the video/audio tapes from the scene, that sounds like a great idea. I wonder how much that will help, in terms of the officer reporting something completely different than was actually communicated?

So in regards to tomorrow, is THAT the point in time when I'd try to negotiate the speeding ticket?

I also have a class A CDL, but wasn't operating a truck at the time, so I was told that it wouldn't matter in my case.

I work with community service workers all the time who've blown WELL above the legal limit, and if they're first time offenders, nine times out of ten they get plead' down to DWAI's.... so I'm hoping for the best, preparing for the worst.

Let me ask your guys' opinion on this...

IF in fact they DO give me a bargain, like for instance, a deferred judgement DWAI, would that be something to take? Or would it better to try and fight that?

Obviously, the ultimate hope is that I get offered a speeding ticket and careless driving (again, what three different lawyers thought would happen).

Consult with your lawyer on any deal and the timing of such. The receipt you have should have a number or other identifying trait on it. The restaurant can usually use that to find an itemized receipt as they keep itemized records on file for a period of time for inventory purposes. Give it a try.

If you make your living driving a vehicle a DW anything is not good. It may not run you out of the livelyhood but it ain't gonna make jobs any easier. If you're a good citizen, you were cooperative, you sincerely didn't think you were drunk and you're willing to present a strong case they may be willing to cut you some slack on the prosecution. To avoid classes you may want to consider paying your own way for a drug and alcohol abuse evaluation from a licensed abuse counselor. Your defense attorney should know of one that is commonly used and respected. If that comes up good you can avoid classes that way and also demonstrate that you're not likely to be a problem in the future. Remember, when looking at cuttling slack the prosecutor wants some assurance that he's not making a mistake that will burn him down the road. Make yourself a good candidate for the prosector being a "good guy". Consult with your DA on all of this. If you are fishy or feeling unsure of any deal plead not guilty and take the time to think it over. Your attorney is there to consult you but also to represent your wants and needs. They will guide you but are bound by their ethics to conduct your case and represent you according to your wishes.

DenverBroncosJM
01-07-2010, 01:32 PM
Im pretty sure any DWAI DUI is judgement is going to impact your Class A

Florida_Bronco
01-07-2010, 01:33 PM
In the future...never admit to drinking in the first place. Had you answered that question with a simple "no" it's likely he lets you go on your merry way. You want to be careful with this.

RaiderH8r
01-07-2010, 01:33 PM
Apparently, we have different definitions of "nailing it." For those interested, here is some footage of bronconia's roadside test:

<object width="425" height="344"><param name="movie" value="http://www.youtube.com/v/QzgwGf0kIoM&hl=en_US&fs=1&"></param><param name="allowFullScreen" value="true"></param><param name="allowscriptaccess" value="always"></param><embed src="http://www.youtube.com/v/QzgwGf0kIoM&hl=en_US&fs=1&" type="application/x-shockwave-flash" allowscriptaccess="always" allowfullscreen="true" width="425" height="344"></embed></object>

That's not a sobriety test that's a gravity check. Judges? Gravity FTW.

Hercules Rockefeller
01-07-2010, 01:36 PM
The shaky pupil thing with the pen must be universal for any inebriation, because that's how the officer who pulled me over said he knew I was stoned.

The officer was FOS if he told you this, HGN should not be present if you've only been smoking pot.

underrated29
01-07-2010, 01:37 PM
The shaky pupil thing with the pen must be universal for any inebriation, because that's how the officer who pulled me over said he knew I was stoned.

Right the eye twitches in the corner of the eye. But the weird thing is it is not 100%.

When i was in highschool we were at a bingo place playing bingo and I yaked all over the table. The cops showed up gave me the pen eye test. They all looked at each other and said yep. Took me outside and gave me a breathalizer. I blew 0.000- they were like what- so they gave me another one and 0.00- they called another officer over and he re administered the pen eye thing. He said its twitching. So finally They told me to blow as hard as i could into the breathalizer. Still 0.00

I hadnt drank at all, nor was i high. Went back in to the bingo place and threw up again.....Long story short- I had food poisoning and yaked the rest of the night. But for some reason my eyes twitch- even though i was clean as a mormon.

Hercules Rockefeller
01-07-2010, 01:38 PM
To the OP, you were not under the legal limit when you were pulled over. You were under the legal limit when you did the breath test, I'm guessing what, 45 minues or so after you were stopped?

Flex Gunmetal
01-07-2010, 01:46 PM
How is this being considered a DUI? He blew below the limit. Even if you admit to drinking it's their burden to prove you were above the limit.
Get a public defender. At court tell them you are pursuing counsel and they may reset.

RaiderH8r
01-07-2010, 01:49 PM
How is this being considered a DUI? He blew below the limit. Even if you admit to drinking it's their burden to prove you were above the limit.
Get a public defender. At court tell them you are pursuing counsel and they may reset.

It's an arraignment and he'll be expected to enter a plea. No biggie, it's a quick "Not guilty" and getting trial date set.

Pony Boy
01-07-2010, 02:00 PM
You go to court tomorrow for something this important and you are asking for help on a broncos message board the day before?

Wow... Good luck on that.

How cool is it to get advice about a DUI from a guy with an avitar of Nick Nolte getting a DUI.....

Oh and by the way 99 out a 100 will always say I just had 2 drinks or a couple of beers, it's automatic to slap the cuffs when you utter those words.

bombay
01-07-2010, 02:02 PM
Under .05 is under .05, period. They should drop that part of it.

Whether he may have blown higher earlier or not couldn't be less relevent: he blew under the limit.

Broncoman13
01-07-2010, 02:13 PM
BAD ADVICE!!! In Colorado you have the Express consent law and will automatically lose your license if you refuse! No lawyer can help you with that!

I've heard that it's better to choose to draw blood but I don't know which is the better option.

I agree with the poster that said to get a lawyer. Way too much at stake here. It IS worth it to keep this off of your record and not have to pay further fines. A lawyer will likely cost you a few hundred bucks. Fines, Insurance increases, and having a negative judgement on your record will most likely cost you 20x that.

TailgateNut
01-07-2010, 02:20 PM
I've heard that it's better to choose to draw blood but I don't know which is the better option.

I agree with the poster that said to get a lawyer. Way too much at stake here. It IS worth it to keep this off of your record and not have to pay further fines. A lawyer will likely cost you a few hundred bucks. Fines, Insurance increases, and having a negative judgement on your record will most likely cost you 20x that.

He must have an office in the back of the Dollar Store!

I assume were talking a couple grand for an attorney to make a few trips to the courthouse and the Pig station

HAT
01-07-2010, 02:27 PM
You want to be careful with this.

Why? There is no law against lying.

1, 2 or 6...I'm either saying none or just not answering the question.

HAT
01-07-2010, 02:28 PM
Oh and by the way 99 out a 100 will always say I just had 2 drinks or a couple of beers, it's automatic to slap the cuffs when you utter those words.

Exactly.

Rigs11
01-07-2010, 02:32 PM
if you can afford it call a lawyer.trust me even with a dwi your insurance will charge up the ass.not to mention alcohol classes.

Northman
01-07-2010, 02:33 PM
Next time, call a taxi.

Flex Gunmetal
01-07-2010, 02:34 PM
How cool is it to get advice about a DUI from a guy with an avitar of Nick Nolte getting a DUI.....

Oh and by the way 99 out a 100 will always say I just had 2 drinks or a couple of beers, it's automatic to slap the cuffs when you utter those words.

Sometimes. I would say a majority of the time they will issue a roadside and offer a mobile breathalyzer. If they pass, they go.
He may have gotten arrested and charged, but in there was no crime, as there is no proof he drove legally drunk.

It's an arraignment and he'll be expected to enter a plea. No biggie, it's a quick "Not guilty" and getting trial date set.

Missed that part. Done and done. I doubt the DA will give you any noise, the drinking and driving charges should be dismissed.

Requiem
01-07-2010, 02:35 PM
Start committing crimes that bring in the $. It is a ****ing recession and you are out drinking and driving. Come on man!

bombay
01-07-2010, 02:36 PM
if you can afford it call a lawyer.trust me even with a dwi your insurance will charge up the ass.not to mention alcohol classes.


In addition to community service, fines, etc. I think they let the insurance companies ream you with the SR22 for 10 years now, although it could still be 7. At any rate, you get absolutely raped for AT LEAST 7 years. If they persist in the charge even though you blew under .05, you are absolutely going to have to hire a lawyer. It's possible they haven't dropped it in order to try to railroad you into a careless ticket or whatever, but it should be dropped.

no-pseudo-fan
01-07-2010, 02:44 PM
Ask for a Jury Trial.

Rohirrim
01-07-2010, 02:48 PM
Tell the judge you went to a football message board for legal advice the day before your arraignment. Hopefully, he gives you a couple of years behind bars and you wise up.

Pony Boy
01-07-2010, 02:59 PM
<object width="425" height="344"><param name="movie" value="http://www.youtube.com/v/wh3WFRBTojo&hl=en_US&fs=1&"></param><param name="allowFullScreen" value="true"></param><param name="allowscriptaccess" value="always"></param><embed src="http://www.youtube.com/v/wh3WFRBTojo&hl=en_US&fs=1&" type="application/x-shockwave-flash" allowscriptaccess="always" allowfullscreen="true" width="425" height="344"></embed></object>

no-pseudo-fan
01-07-2010, 02:59 PM
I had a friend with one of those breathalizers in his truck and those are a pain in the @$$ to work. I tried to start it once and after 30 minutes of getting errors I said forget it.

My friend had it down to a science. You actually have to hum for 3 or 4 counts then blow. If you didn't hum loud enough it errored, if you paused slightly it errored, if you mis timed what so ever it errored.

DenverBroncosJM
01-07-2010, 03:15 PM
I have to agree with some people if the limit is .50 and you blew under that, thats it.

The evidence is the breathalyzer if the evidence shows you are not intoxicated then there isnt a case.

SportinOne
01-07-2010, 03:20 PM
I'm not going to read the other 3 pages, but this is insane. The legal limit is .08. If you blow under that amount every time they test you how in the hell can you be in any trouble?

Rigs11
01-07-2010, 03:21 PM
Tell the judge you went to a football message board for legal advice the day before your arraignment. Hopefully, he gives you a couple of years behind bars and you wise up.

LOLHilarious!

Atwater His Ass
01-07-2010, 03:34 PM
some guys (including myself) hadto learn the hard way about drinking and driving. no sympathy for facing the consequences of your actions.

why people in this day and age still think they can go out for a few and "slow down" and then drive themselves and others homeblows my mind, considering the very real consequences for doing so.

legal limit doesn't matter. if the cop can "prove" that your drinking/impairment affected your driving (easy one is you were too drunk to even notice the construction zone change of speed limit for example, among many others they could come up with), it doesn't matter if you blew .04 or .12. only matters for easier convictions and when you start approaching a felony.

you also don't have to take the roadside tests in most states. you DO have to submit to a BAC test of some kind however (explicit consent, etc). when submitting to the BAC test, you should ALWAYS have them take another sample for your own use by your own expert witness for later evaluation. although this is your right, most of the time you have to request it or they won't do it.

as has been said, never admit anything to the cops. don't lie though; just don't self-incriminate yourself. of course the cops were acting all buddy buddy with you. they wanted you to give them information they could use to prosecute you. it's a classic tactic. in these kinds of situations, the cops are NOT your friend or ally, no matter how friendly they appear. they are doing their job and that is, in this case, to get drunks off the road.

good luck with your case and hopefully you will be able to realize that anytime you have any amount of alcohol, you should never get behind the wheel.

Ratboy
01-07-2010, 04:40 PM
I never understand why people drink and drive. In the Air Force, they constantly push the issue of having a DD or other plans involving a ride home, still people go out, drink, and then drive home.

How stupid are people?

Natedogg
01-07-2010, 05:07 PM
Lots of sanctimonious people here.

Oh wait, its the orange mane!!!!

If you get a lawyer, my bet is you will get off without a dui or dwai. Happened to several friends of mine with similar situations in CO.

bombay
01-07-2010, 05:14 PM
Lots of sanctimonious people here.

Oh wait, its the orange mane!!!!

If you get a lawyer, my bet is you will get off without a dui or dwai. Happened to several friends of mine with similar situations in CO.

No kidding.

And I'd wager every single one of them has done it.

Hogan11
01-07-2010, 05:23 PM
Best of luck to you.

Boobs McGee
01-07-2010, 05:26 PM
Okay, settle down everybody.

I understand that by bringing this topic up on the board, I was going to catch some flak...that's fine. You want to point fingers? If it makes you feel better, then do it.

To everyone with advice and suggestions, I appreciate the time you took, and the insightful responses.

Like I said, I'm going in expecting the worst and hoping for the best.

Thanks to everyone again.

That One Guy
01-07-2010, 06:24 PM
I have to agree with some people if the limit is .50 and you blew under that, thats it.


I'm drinking where this guy lives and driving home. I'll know I'm above a .50 and can't drive... if I'm dead.

That One Guy
01-07-2010, 06:26 PM
Okay, settle down everybody.

I understand that by bringing this topic up on the board, I was going to catch some flak...that's fine. You want to point fingers? If it makes you feel better, then do it.

To everyone with advice and suggestions, I appreciate the time you took, and the insightful responses.

Like I said, I'm going in expecting the worst and hoping for the best.

Thanks to everyone again.

I say just be a huge pain in the rear end. If you're gonna go down, go down fighting. Request a jury trial, then find some reason to delay the trial... waste their time and see if they don't give up. Maybe if you're too much of a hassle, they'll quit.

And I don't know what all you could do to be a pain but I'd have fun trying to learn something new.

That One Guy
01-07-2010, 06:28 PM
By the way... I worked with a detective from Virginia while deployed. His answer was to keep a bottle of liquor stashed in your car. If ever pulled over, throw your keys out the window and start downing the bottle. Supposedly it'll clear you of anything except drinking in public. Apparently the keys out the window is a crucial detail to completely remove the operating a motor vehicle charge.

He seemed a pretty smart guy and claimed it would work... I haven't gotten around to trying it yet, though. Don't know if you'd still get nailed for an assumption that you had been drinking before you got stopped. Guess they couldn't prove it, though.

2KBack
01-07-2010, 06:43 PM
By the way... I worked with a detective from Virginia while deployed. His answer was to keep a bottle of liquor stashed in your car. If ever pulled over, throw your keys out the window and start downing the bottle. Supposedly it'll clear you of anything except drinking in public. Apparently the keys out the window is a crucial detail to completely remove the operating a motor vehicle charge.

He seemed a pretty smart guy and claimed it would work... I haven't gotten around to trying it yet, though. Don't know if you'd still get nailed for an assumption that you had been drinking before you got stopped. Guess they couldn't prove it, though.

interesting loophole attempt. Virginia has wierd drinking laws when it comes to driving. Technically passengers can have open containers in the car, but the police will regularly get people on drinking in public. It sounds like that detective is trying to use that same law in an effort to reduce the potential charges of drinking and driving. It's a unique attempt at manipulating the law in your favor...don't know if I would have the guts to try it though.

The keys thing burned me one time though. I was parked the wrong way on a one way street once and since the the keys were in the ignition I was ticketed for a moving violation (despite the engine being off and car in park).

HAT
01-07-2010, 06:51 PM
By the way... I worked with a detective from Virginia while deployed. His answer was to keep a bottle of liquor stashed in your car. If ever pulled over, throw your keys out the window and start downing the bottle. Supposedly it'll clear you of anything except drinking in public. Apparently the keys out the window is a crucial detail to completely remove the operating a motor vehicle charge.

He seemed a pretty smart guy and claimed it would work... I haven't gotten around to trying it yet, though. Don't know if you'd still get nailed for an assumption that you had been drinking before you got stopped. Guess they couldn't prove it, though.

The same guy that told me about bumping your head on the door jamb when exiting your vehicle also told me the above.

Doggcow
01-07-2010, 06:57 PM
GET A LAWYER.

If you have to beg or borrow the money. DO IT. It will be the best investment you can make. See if one will take you on with a payment plan, whatever it is, just get one.

You want my other advice - never talk to the cops. Period. They aren't there to help you, they are there to gather evidence to be used against you (whether they get it right or not as you learned).

Rule #1 about Cops, you only need 2 word answers Yes Sir, and No Sir. No Sir is applicable to everything, btw you can sit in a cell all night and let your BAC get down worst case scenario :P

Lev Vyvanse
01-07-2010, 07:00 PM
The same guy that told me about bumping your head on the door jamb when exiting your vehicle also told me the above.

All that crap assumes you have money for a lawyer. If you have the money for a good lawyer you donít even have to knock yourself silly on the door.

Florida_Bronco
01-07-2010, 07:04 PM
Why? There is no law against lying.

1, 2 or 6...I'm either saying none or just not answering the question.

True, there isn't, but if you lie and the cop knows you lied it's a sure fire way to piss off a cop who potentially could give you a break.

I'm not saying don't do it, I'm just saying be careful about it.

CSU Husker
01-07-2010, 07:27 PM
When being pulled over, politely give the officer the necessary documents, then DONT ANSWER ANY QUESTIONS. You have the right to remain silent, you arent required to answer anything or say anything. Especially if they ask if you have been drinking, if they can search the car, etc.

UberBroncoMan
01-07-2010, 07:44 PM
The Orange Mane can fix EVERYTHING.

This is fact.

spdirty
01-07-2010, 07:49 PM
By the way... I worked with a detective from Virginia while deployed. His answer was to keep a bottle of liquor stashed in your car. If ever pulled over, throw your keys out the window and start downing the bottle. Supposedly it'll clear you of anything except drinking in public. Apparently the keys out the window is a crucial detail to completely remove the operating a motor vehicle charge.

He seemed a pretty smart guy and claimed it would work... I haven't gotten around to trying it yet, though. Don't know if you'd still get nailed for an assumption that you had been drinking before you got stopped. Guess they couldn't prove it, though.

That is really clever. These days only time I ever drink is when I know Im not driving anywhere, so dont know much about it. Heard on KBPI bout 6 months ago to always get a lawyer, never do the stupid human tricks, and do the blood test instead of the breath.

Requiem
01-07-2010, 07:59 PM
If you ever need to bury someone, do it vertically homie.

theAPAOps5
01-07-2010, 08:10 PM
In addition to community service, fines, etc. I think they let the insurance companies ream you with the SR22 for 10 years now, although it could still be 7. At any rate, you get absolutely raped for AT LEAST 7 years. If they persist in the charge even though you blew under .05, you are absolutely going to have to hire a lawyer. It's possible they haven't dropped it in order to try to railroad you into a careless ticket or whatever, but it should be dropped.

It was never 7 years so I doubt its 10 year. When I was 21 I got a DWAI and had SR22 for 18 months.

But 7 years that is just laughable.

theAPAOps5
01-07-2010, 08:19 PM
Also when I was dumb and retarded, aka, 21 years old I got a DWAI. I blew DUI limits but my lawyer got me a reduced sentence. It was the lowest time of my life so I know how you feel. I haven't drove drunk since and I am now 30. If I have a few drinks I either cab it or let time pass to where I have digested it.

But its funny when I went to my alcohol classes I learned more about how to avoid a DUI than how not to drink. Everyone who has said keep the keys out of the car is right. I know guys who have passed out in the car and were awoken by the cops for a DUI. But they placed their keys in the tail pipe so they could sleep it off. The cops were impressed.

You probably are going to get the book thrown at you and will most likely get a DWAI unless you ask for a jury trial. You will get a fine, probation, a MADD class, and Alcohol classes. I suggest that when you fill out the questions at your first probation meeting you say you rarely drink on all the questions. If you answer that and they see what your BAC was you will get the minimum amount of classes and thus have less to spend.

STBumpkin
01-07-2010, 08:21 PM
Legal advice? Don't drink and drive ass-hole.

Tombstone RJ
01-07-2010, 08:27 PM
The only instant where you are automatically guilty until proven innocent in this great nation of ours is driving under the influence.

I'd never, ever admit to an officer I had been drinking. It doesn't matter what you say to the officer, if he thinks you've been drinking, he'll do everything in his power to prove you've been drinking.

Best thing you can do when getting pulled over, and you have been drinking, is to not admit it, and then just do everything the officer asks. If you have a high tolerance then you should be able to pass all the song and dance crap (roadside stuff). If the officer still thinks your legally over the limit, and he takes you in, the always opt for the blood test, never do the breath test.

Be cooperative, but don't be chatty. The more you talk, the more you might incriminate yourself.

Then, get a lawyer.

theAPAOps5
01-07-2010, 08:28 PM
Legal advice? Don't drink and drive ass-hole.

Oh look at the tough guy calling someone an asshole for admitting a mistake. Man aren't you so great! Should we all bow to you as you are perfect?

There is an asshole here but it isn't the Original Poster its pricks like you.

STBumpkin
01-07-2010, 08:34 PM
Oh look at the tough guy calling someone an a-hole for admitting a mistake. Man aren't you so great! Should we all bow to you as you are perfect?

There is an a-hole here but it isn't the Original Poster its pricks like you.

He could have killed someone, but he's worried about getting rail-roaded by the cops for something he admitted to doing? That is the definition of a-hole. If you touch the steering wheel after drinking, you deserve everything the law throws at you and worse.

Driving is dangerous enough (for all involved) without adding ability impairing substances to it.

frerottenextelway
01-07-2010, 08:35 PM
Get to detox, blow a .049.

People calling the OP an ''a-hole'' are retards. Someone at a .05 is just fine driving, and a billion times better than a sober person that's the slightest bit tired.

Any decent lawyer will get you off for this. Most likely, even without a lawyer you'll get off.

STBumpkin
01-07-2010, 08:39 PM
People calling the OP an ''a-hole'' are retards. Someone at a .05 is just fine driving, and a billion times better than a sober person that's the slightest bit tired.

Any decent lawyer will get you off for this. Most likely, even without a lawyer you'll get off.

The OP didn't know what his BAC was, he only knew that he had been drinking and then proceeded to drive. Alcohol impairs your decision making. You might feel fine, but the alcohol is what is telling you that. The ONLY responsible decision is to NOT DRIVE IF YOU DRINK. There is never a good excuse to drive after drinking.

theAPAOps5
01-07-2010, 08:40 PM
He could have killed someone, but he's worried about getting rail-roaded by the cops for something he admitted to doing? That is the definition of a-hole. If you touch the steering wheel after drinking, you deserve everything the law throws at you and worse.

Driving is dangerous enough (for all involved) without adding ability impairing substances to it.

Yeah but you being an ass hole is missing a huge fact. He was below the limit, wasn't drunk or buzzed. Guess that fact eluded you. But hey don't let facts get in the way of being prick. Good job.

Tombstone RJ
01-07-2010, 08:42 PM
He could have killed someone, but he's worried about getting rail-roaded by the cops for something he admitted to doing? That is the definition of a-hole. If you touch the steering wheel after drinking, you deserve everything the law throws at you and worse.

Driving is dangerous enough (for all involved) without adding ability impairing substances to it.

I can drink like 12 beers and still drive better than 95% of the idiots on the road today.

I can drink like 12 beers and drive better than 99% of the idiots on the road in SNOW AND ICE.

That being said, I don't drink and drive simply because of all the idiots on the road. Knowing my luck, I'd drink a few beers, get in my car and be driving along just fine, and some other idgit moron would hit ME. Then the old cops would arrive and I'd be FUBARed because some dumb azz moron can't drive, he caused an accident, but I'm the one who gets a DUI.

That ain't justice. That's America.

frerottenextelway
01-07-2010, 08:45 PM
The OP didn't know what his BAC was, he only knew that he had been drinking and then proceeded to drive. Alcohol impairs your decision making. You might feel fine, but the alcohol is what is telling you that. The ONLY responsible decision is to NOT DRIVE IF YOU DRINK. There is never a good excuse to drive after drinking.

As someone who works in the Auto Insurance industry, 0.05 is less dangerous than a 0.00 playing with the radio. Far less dangerous than someone who is the slightest bet tired. Way less dangrous than someone on a cell phone, or even engaged in a coversation within the vehicle. So if you have ever done any of the previous, it's time to step down for your soapbox.

Oh, and it's also legal.

STBumpkin
01-07-2010, 08:46 PM
Yeah but you being an a-hole is missing a huge fact. He was below the limit, wasn't drunk or buzzed. Guess that fact eluded you. But hey don't let facts get in the way of being prick. Good job.

There is a reason cops have the legal right to make a judgement as to your impairment whether you are below the legal limit or not. YOU CAN'T WHEN YOU'VE BEEN DRINKING! DWAI is a judgement made by a cop, BAC doesn't really matter, it's just a guideline. The OP says he wasn't buzzed. Of course he will say that. Being 'drunk or buzzed' is not a fact any way you look at it. It is OPINION.

theAPAOps5
01-07-2010, 08:49 PM
Well you can state your opinion without being a prick.

STBumpkin
01-07-2010, 08:51 PM
As someone who works in the Auto Insurance industry, 0.05 is less dangerous than a 0.00 playing with the radio. Far less dangerous than someone who is the slightest bet tired. Way less dangrous than someone on a cell phone, or even engaged in a coversation within the vehicle. So if you have ever done any of the previous, it's time to step down for your soapbox.

Oh, and it's also legal.

You're right, we all do things while we are driving that distract us. Why add alcohol to the equation. It's illegal.

Our (Naval Aviation's) rules for alcohol and rest:
No alcohol within 12 hours of a flight brief.
12 hours rest (8 hours sleep recommended) before a flight.

I follow them both religiously.

Boobs McGee
01-07-2010, 08:51 PM
He could have killed someone, but he's worried about getting rail-roaded by the cops for something he admitted to doing? That is the definition of a-hole. If you touch the steering wheel after drinking, you deserve everything the law throws at you and worse.

Driving is dangerous enough (for all involved) without adding ability impairing substances to it.

Thanks buddy. Way to assume I'm an asshole.

Not worried about getting "rail-roaded", I'm willing to accept whatever punishment I'm given. Just simply trying to figure out my best course of legal action here.

It's called making a mistake. Thankfully, no one was injured. And I won't be doing it again.

So politely **** off

STBumpkin
01-07-2010, 08:52 PM
Well you can state your opinion without being a prick.

If enough people are jerks when people drink and drive, maybe fewer people will drink and drive. It sure can't hurt.

Boobs McGee
01-07-2010, 08:56 PM
Oh and p.s. bumpkin, it's a proven fact that drunk people can drive JUST AS WELL as sober people. That's why police HAVE blood/breathalizer tests. They can pass sobriety tests (except for the eye movement) like a walk in the park. Does that make it right? of course not.

I'm not justifying what I did, nor do I want to begin a discussion about drunk drivers killing people etc etc. Just making observations.

Tombstone RJ
01-07-2010, 08:56 PM
There is a reason cops have the legal right to make a judgement as to your impairment whether you are below the legal limit or not. YOU CAN'T WHEN YOU'VE BEEN DRINKING! DWAI is a judgement made by a cop, BAC doesn't really matter, it's just a guideline. The OP says he wasn't buzzed. Of course he will say that. Being 'drunk or buzzed' is not a fact any way you look at it. It is OPINION.

I bet I can chug a fifth of Jack Daniels, bong two beers and smoke a joint and still drive better than you...

Boobs McGee
01-07-2010, 08:57 PM
If enough people are jerks when people drink and drive, maybe fewer people will drink and drive. It sure can't hurt.

Or not. Knowledge is the best answer in my opinion.

It all comes down to personal choice, but I guarantee you being an asshole isn't going to deter anyone

STBumpkin
01-07-2010, 08:59 PM
Thanks buddy. Way to assume I'm an a-hole.

Not worried about getting "rail-roaded", I'm willing to accept whatever punishment I'm given. Just simply trying to figure out my best course of legal action here.

It's called making a mistake. Thankfully, no one was injured. And I won't be doing it again.

So politely **** off

You drove after drinking without concern for how you could hurt others. That makes you an a-hole. Is there anyone who would argue that a drunk driver that hit a kid is not an a-hole? No. Your's and said kid-hitter's decision is the same. The only difference is that you got lucky and didn't hurt anyone.

STBumpkin
01-07-2010, 09:04 PM
I bet I can chug a fifth of Jack Daniels, bong two beers and smoke a joint and still drive better than you...

Sure you can. Lets both strap on a 4-engine turbo-prop warplane and see who has better fine motor skills. You're competing out of your weight-class Tombstone.

frerottenextelway
01-07-2010, 09:07 PM
You drove after drinking without concern for how you could hurt others. That makes you an a-hole. Is there anyone who would argue that a drunk driver that hit a kid is not an a-hole? No. Your's and said kid-hitter's decision is the same. The only difference is that you got lucky and didn't hurt anyone.

Someone playing with the radio is no less an a-hole than someone at 0.05 BAC. If anything, they are more of an a-hole since that is more dangerous and more likely to do what you're pretending you are concerned about. Have you ever changed the radio station while driving? Perhaps you are the one that should stay off the roads to keep the kids safe.

Boobs McGee
01-07-2010, 09:09 PM
You drove after drinking without concern for how you could hurt others. That makes you an a-hole. Is there anyone who would argue that a drunk driver that hit a kid is not an a-hole? No. Your's and said kid-hitter's decision is the same. The only difference is that you got lucky and didn't hurt anyone.

Friends of mine that've been through alchohol classes get cards with weight/drink ratios.

The weight that I AM vs the drinks that I CONSUMED, according to the card (which was given out at their alchohol class), stated that I was fine to drive.

Who's fault is that?

Mine, for trusting a state researched project?

If it is, so be it, but instead of criticising people like me, you should be criticising your state officials for letting that kind of literature out into the public.

STBumpkin
01-07-2010, 09:13 PM
Someone playing with the radio is no less an a-hole than someone at 0.05 BAC. If anything, they are more of an a-hole since that is more dangerous and more likely to do what you're pretending you are concerned about. Have you ever changed the radio station while driving? Perhaps you are the one that should stay off the roads to keep the kids safe.

My car has radio controls on the steering wheel that I don't have to look at. All of my stations are preset so I don't have to look to change the channel. I'm no hypocrite. I don't use my cell on the road either.

Tombstone RJ
01-07-2010, 09:14 PM
Sure you can. Lets both strap on a 4-engine turbo-prop warplane and see who has better fine motor skills. You're competing out of your weight-class Tombstone.

Touchy, aren't you. And your a Naval pilot? Damn, I hope you keep your composer in the air better than you do on a message board.ROFL!

Being that your a pilot, your weight class is probably what 160lbs?

Just because your a great pilot does not mean your a good driver. In fact, every pilot I know is a crappy driver... just saying...

STBumpkin
01-07-2010, 09:21 PM
Friends of mine that've been through alchohol classes get cards with weight/drink ratios.

The weight that I AM vs the drinks that I CONSUMED, according to the card (which was given out at their alchohol class), stated that I was fine to drive.

Who's fault is that?

Mine, for trusting a state researched project?

If it is, so be it, but instead of criticising people like me, you should be criticising your state officials for letting that kind of literature out into the public.

So you've never, ever heard that you shouldn't drink and drive (in any amount)? You legitimately thought the cards were foolproof? I'm calling BS. Most people understand that it isn't just weight but many factors (metabolism, food consumed beforehand, fatigue) that determine your level of inebriation. Haven't you ever had that night where you just couldn't get a buzz? How about the time you drank the same amount but were buzzed way easier? Duh.

STBumpkin
01-07-2010, 09:25 PM
Touchy, aren't you. And your a Naval pilot? Damn, I hope you keep your composer in the air better than you do on a message board.ROFL!

Being that your a pilot, your weight class is probably what 160lbs?

Just because your a great pilot does not mean your a good driver. In fact, every pilot I know is a crappy driver... just saying...

Actually, I'm 6'5", 225 lbs. That's why I fly a P-3 Orion and not a Hornet or a Seahawk. I was comparing motor skills in general. Pretty good measure of one's ability with a motorized conveyance I'd say.

worm
01-07-2010, 09:32 PM
Actually, I'm 6'5", 225 lbs. That's why I fly a P-3 Orion and not a Hornet or a Seahawk. I was comparing motor skills in general. Pretty good measure of one's ability with a motorized conveyance I'd say.

What are your thoughts on Ghostbusters?

jhat01
01-07-2010, 09:33 PM
Bumpkin, you've never shown up to brief with a little Jeremiah Weed still hanging around? C'mon now!

STBumpkin
01-07-2010, 09:37 PM
What are your thoughts on Ghostbusters?

I certainly wouldn't show it to anyone under the age of say, 18. Especially without parental permission, lol.

Boobs McGee
01-07-2010, 09:43 PM
So you've never, ever heard that you shouldn't drink and drive (in any amount)? You legitimately thought the cards were foolproof? I'm calling BS. Most people understand that it isn't just weight but many factors (metabolism, food consumed beforehand, fatigue) that determine your level of inebriation. Haven't you ever had that night where you just couldn't get a buzz? How about the time you drank the same amount but were buzzed way easier? Duh.

That's not the point. The point is, if I'm told that it's okay to drink a certain amount of alchohol, and be safe AND legal, then why should I question it if it's backed by CSP?

Why would they be handing out cards that are telling people it's legal to do something, if clearly it isn't?

True, I can't PROVE in a court of law that what I consumed fell directly within those parameters, but if I DO stay within them, and KNOW that I just ate food, took a nap before I went out, and wasn't drunk, then the lines become blurred.

Cops will tell you the same thing.

azbroncfan
01-07-2010, 09:44 PM
You should of said that you hadn't been drinking at all because once you admit to even a sip your getting all the tests. Another thing is ask any cop and they will say that every DUI they have given 90 percent of the drivers say they have had 2 beers or a couple beers.

Hire a lawyer.

rugbythug
01-07-2010, 09:50 PM
What are your thoughts on Ghostbusters?

Worm=Diablo

STBumpkin
01-07-2010, 09:52 PM
That's not the point. The point is, if I'm told that it's okay to drink a certain amount of alchohol, and be safe AND legal, then why should I question it if it's backed by CSP?

Why would they be handing out cards that are telling people it's legal to do something, if clearly it isn't?

True, I can't PROVE in a court of law that what I consumed fell directly within those parameters, but if I DO stay within them, and KNOW that I just ate food, took a nap before I went out, and wasn't drunk, then the lines become blurred.

Cops will tell you the same thing.

No, that is exactly my point. EVERYONE has heard that you shouldn't drink and drive. You are making excuses saying that "the cards told me it was ok". F*** the cards! You knew you had been drinking. DON'T DRINK AND DRIVE! DON'T DRINK AND DRIVE! DON'T DRINK AND DRIVE! DON'T DRINK AND DRIVE! How hard is it to understand! It has been one of the biggest add campaigns of the last 20 years! You knew it was wrong! Don't blame the state for your stupidity. You did it when you've heard that you shouldn't. Your ability WAS impaired. Yeah, you could stay within the lines, but you couldn't react as fast if the occasion called for it.

Boobs McGee
01-07-2010, 09:59 PM
No, that is exactly my point. EVERYONE has heard that you shouldn't drink and drive. You are making excuses saying that "the cards told me it was ok". **** the cards! You knew you had been drinking. DON'T DRINK AND DRIVE! DON'T DRINK AND DRIVE! DON'T DRINK AND DRIVE! DON'T DRINK AND DRIVE! How hard is it to understand! It has been one of the biggest add campaigns of the last 20 years! You knew it was wrong! Don't blame the state for your stupidity. You did it when you've heard that you shouldn't. Your ability WAS impaired. Yeah, you could stay within the lines, but you couldn't react as fast if the occasion called for it.

Dude. Listen to me.

I .

Know.

What.

I .

Did.

Was.

Wrong.

And I'm not making excuses for my actions. I'm going to court, and I'm going to get sentenced for whatever they end up sentencing me for, and I'll do my time and pay my fines and go to classes or get off scott free or WHATEVER, and won't be drinking and driving again.

my point here, is that while there have been a BUNCH of campaigns over the last few years proclaiming DONT DRINK AND DRIVE, there are people teaching classes, handing out literature, and advising others that it's OK to drink some.

So, there is a gray area. They tell you don't drink and drive! Then they tell you, it's ok to drink and drive, as long as you stay within certain parameters!

There's a reason they do that. Because if they taught the TRUTH (and i'll find the studies they've done tomorrow just for you), there are a bunch of people out there that would drink too much, and impair their ability. So instead, they just SHOUT REALLY LOUD AND SAY YOU'LL GET IN TROUBLE IF YOU DRINK AT ALL!!!!!

STBumpkin
01-07-2010, 10:13 PM
Dude. Listen to me.

I .

Know.

What.

I .

Did.

Was.

Wrong.

And I'm not making excuses for my actions. I'm going to court, and I'm going to get sentenced for whatever they end up sentencing me for, and I'll do my time and pay my fines and go to classes or get off scott free or WHATEVER, and won't be drinking and driving again.

my point here, is that while there have been a BUNCH of campaigns over the last few years proclaiming DONT DRINK AND DRIVE, there are people teaching classes, handing out literature, and advising others that it's OK to drink some.

So, there is a gray area. They tell you don't drink and drive! Then they tell you, it's ok to drink and drive, as long as you stay within certain parameters!

There's a reason they do that. Because if they taught the TRUTH (and i'll find the studies they've done tomorrow just for you), there are a bunch of people out there that would drink too much, and impair their ability. So instead, they just SHOUT REALLY LOUD AND SAY YOU'LL GET IN TROUBLE IF YOU DRINK AT ALL!!!!!

Don't bother with the studies and literature. I'm a DAPA (Drug and Alcohol Programs Advisor) in my squadron. They put out the cards and other literature because they know people are gonna drink anyway. This way, perhaps they can limit how drunk people get. When we hand out that stuff, we are trained to include the caveats that the cops can and will (as you have learned) stop you and ticket you even if you are below the legal limit. DWAI does not have a legal limit if in the cop's judgement you are impaired. You will see in your forthcoming classes that with the literature, the instructors say that cops can ticket you for any amount of alcohol or drugs, or even if they think you are too tired to drive (DWAI doesn't have to be alcohol or drugs, it is all encompassing). This is something your friends failed to tell you when they gave you the cards and said "just follow this and you'll be home free".

Yes it's confusing, but they do tell you in the classes the the cards and BAC limits are not the end-all be-all.

ghwk
01-07-2010, 10:15 PM
The same guy that told me about bumping your head on the door jamb when exiting your vehicle also told me the above.

I'd give both of those about as much credibility as the suggestion to smear peanut butter in my a$$ crack.

Doggcow
01-07-2010, 10:19 PM
On a related note, I never get to drink on Sundays during the games because my gf needs a ride to and from work on Sundays. I've never once drank on Sunday unless she had the day off.

I apply this to every day also. Surprisingly, no DUIs!

Casper Bronco
01-07-2010, 10:44 PM
Im pretty sure any DWAI DUI is judgement is going to impact your Class A

Especially if there are different laws in the state of Colorado if you have a CDL. In WY if you have a CDL, the legal limit is .05.

Boobs McGee
01-07-2010, 11:56 PM
Especially if there are different laws in the state of Colorado if you have a CDL. In WY if you have a CDL, the legal limit is .05.

I believe (could be wrong) that those limits apply IF you're operating equipment that requires a CDL at the time of being intoxicated.

Archer81
01-08-2010, 12:28 AM
On a related note, I never get to drink on Sundays during the games because my gf needs a ride to and from work on Sundays. I've never once drank on Sunday unless she had the day off.

I apply this to every day also. Surprisingly, no DUIs!


What an odd coincidence...ROFL!


:Broncos:

broncocalijohn
01-08-2010, 01:08 AM
I'm drinking where this guy lives and driving home. I'll know I'm above a .50 and can't drive... if I'm dead.

lady actually was passed out at the steering wheel of her car. Her BAL was .70! She wasnt dead but should have been. That is almost 9 times the limit. How can your body have that much alcohol and still live? I guess at .35 she could easily handle TSA chores at the airport.

broncocalijohn
01-08-2010, 01:17 AM
I bet I can chug a fifth of Jack Daniels, bong two beers and smoke a joint and still drive better than you...

if this is "Name that Tune", I will say a Willie Nelson song.

Atwater His Ass
01-08-2010, 04:02 AM
Yeah but you being an a-hole is missing a huge fact. He was below the limit, wasn't drunk or buzzed. Guess that fact eluded you. But hey don't let facts get in the way of being prick. Good job.

lol

.08 is an arbitary limit.

trying to justify drinking and driving. cute.

Atwater His Ass
01-08-2010, 04:08 AM
Friends of mine that've been through alchohol classes get cards with weight/drink ratios.

The weight that I AM vs the drinks that I CONSUMED, according to the card (which was given out at their alchohol class), stated that I was fine to drive.

Who's fault is that?

Mine, for trusting a state researched project?

If it is, so be it, but instead of criticising people like me, you should be criticising your state officials for letting that kind of literature out into the public.

Listen bro. You are talking out of both sides of your mouth here.

You can't in one post say how it was a mistake and you're sorry and learned something from it and then it this post say that "it's not my fault, see this card here???"

If you are going to drink any amount of alcohol you don't drive. 1 drink or an entire's night worth. Period.

To argue against that is just your pride speaking because you got busted doing a complete and utter retarded decision. Then you decided to post about it on the internet.

No matter whatever you post here, I would sincerely hope you can internalize the mistake you made and learn from it to never have a drink and drive again.

The fact that you are clinging to the .05 blow and some pamphlet handed out and reached you by second hand just reeks of desperation. Seriously. Learn from your mistake and plan ahead if you are going to go out and drink.

YOU are responsible for your decisions. Not the cops. Not some pamphlet your friend gave to you. YOU.

Ratboy
01-08-2010, 04:19 AM
I just had 6 long island ice tea's and drove home to post in this thread.

That One Guy
01-08-2010, 04:30 AM
Listen bro. You are talking out of both sides of your mouth here.

You can't in one post say how it was a mistake and you're sorry and learned something from it and then it this post say that "it's not my fault, see this card here???"

If you are going to drink any amount of alcohol you don't drive. 1 drink or an entire's night worth. Period.

To argue against that is just your pride speaking because you got busted doing a complete and utter retarded decision. Then you decided to post about it on the internet.

No matter whatever you post here, I would sincerely hope you can internalize the mistake you made and learn from it to never have a drink and drive again.

The fact that you are clinging to the .05 blow and some pamphlet handed out and reached you by second hand just reeks of desperation. Seriously. Learn from your mistake and plan ahead if you are going to go out and drink.

YOU are responsible for your decisions. Not the cops. Not some pamphlet your friend gave to you. YOU.

At the end of the day, it is not illegal to drink and drive. As they said, if it were then it would be a .00 legal limit. I don't know what the justification behind the law is but you can clearly drink some and drive.

If a cop had been blowing folks as they came out of the bar, would it have made a difference that he knew his BAC? Who cares whether he knew or not? He judged his body and the precautions he took and, according to his beliefs which was anything under a .08 was legal, he thought he could drive. He just didn't know all of the laws, apparently.

Just because you and others want to yell the moral high ground of don't drive if you've touched a drink doesn't make it the law. Noone else has to abide by that. I could understand if folks started a movement to get the law changed but for the time being, the law implies that drinking a bit is ok. The fact that they're hitting him with a catch-all that could include being tired or messing with a radio does nothing to change that fact. Catch-alls are always BS as they're completely subjective and used when a cop needs something but everything else has failed.

That One Guy
01-08-2010, 04:34 AM
I just had 6 long island ice tea's and drove home to post in this thread.

Oh my... I hope you're in a different time zone. Before 7 AM on a Friday morning is an accomplishment.

Ratboy
01-08-2010, 04:35 AM
Oh my... I hope you're in a different time zone. Before 7 AM on a Friday morning is an accomplishment.

****.. I am late for work!

(Just kidding, I am in Japan)

Broncos_OTM
01-08-2010, 06:03 AM
5 Words.... I have nothing to say.

Dont talk to the cops. they are not your friend.

theAPAOps5
01-08-2010, 06:07 AM
lol

.08 is an arbitary limit.

trying to justify drinking and driving. cute.

No I never meant to give that impression. I don't do it and I don't condone it. But I also know people make mistakes and feel remorse. So there is no need to call a guy an a-hole.

I brought up the BAC because it wasn't at a level where he was stinking drunk as means to point out yeah he did something stupid but it could have been worse.

Didn't mean to condone any drinking and driving period.

TailgateNut
01-08-2010, 06:18 AM
You're right, we all do things while we are driving that distract us. Why add alcohol to the equation. It's illegal.

Our (Naval Aviation's) rules for alcohol and rest:
No alcohol within 12 hours of a flight brief.
12 hours rest (8 hours sleep recommended) before a flight.

I follow them both religiously.

Army Aviation rules/regs where the same, nut we used to party like crazy after landing and putting the "bird" to rest.

GET OVER YOURSELF asshole!

TailgateNut
01-08-2010, 06:19 AM
I bet I can chug a fifth of Jack Daniels, bong two beers and smoke a joint and still drive better than you...


:giggle:

TailgateNut
01-08-2010, 06:21 AM
My car has radio controls on the steering wheel that I don't have to look at. All of my stations are preset so I don't have to look to change the channel. I'm no hypocrite. I don't use my cell on the road either.


Oh geezus, we have found an "Officer and a gentleman".LOL

What a dick!

jhat01
01-08-2010, 07:41 AM
Oh geezus, we have found an "Officer and a gentleman".LOL

What a dick!

In every class, there's always one joker who thinks that he's smarter than me. In this class, that happens to be you. Isn't it, Mayonnaise?


That was a pretty cool movie...kinda sappy but good.

Tombstone RJ
01-08-2010, 08:09 AM
Actually, I'm 6'5", 225 lbs. That's why I fly a P-3 Orion and not a Hornet or a Seahawk. I was comparing motor skills in general. Pretty good measure of one's ability with a motorized conveyance I'd say.

Sub hunter?

Boobs McGee
01-08-2010, 08:13 AM
Listen bro. You are talking out of both sides of your mouth here.

You can't in one post say how it was a mistake and you're sorry and learned something from it and then it this post say that "it's not my fault, see this card here???"

If you are going to drink any amount of alcohol you don't drive. 1 drink or an entire's night worth. Period.

To argue against that is just your pride speaking because you got busted doing a complete and utter retarded decision. Then you decided to post about it on the internet.

No matter whatever you post here, I would sincerely hope you can internalize the mistake you made and learn from it to never have a drink and drive again.

The fact that you are clinging to the .05 blow and some pamphlet handed out and reached you by second hand just reeks of desperation. Seriously. Learn from your mistake and plan ahead if you are going to go out and drink.

YOU are responsible for your decisions. Not the cops. Not some pamphlet your friend gave to you. YOU.

lol ok dude, please go back and read the conversation you came into.

I'm not going to the DA with some pamphlet, I was making observations about drinking and drving and discussing them. NOT what I'm using in my case.

If you don't want to read the entire thread, then don't.

I ****ed up, shouldn't have drank and drive, now I'm going to pay for it. Won't be doing it again

RaiderH8r
01-08-2010, 08:38 AM
Don't bother with the studies and literature. I'm a DAPA (Drug and Alcohol Programs Advisor) in my squadron. They put out the cards and other literature because they know people are gonna drink anyway. This way, perhaps they can limit how drunk people get. When we hand out that stuff, we are trained to include the caveats that the cops can and will (as you have learned) stop you and ticket you even if you are below the legal limit. DWAI does not have a legal limit if in the cop's judgement you are impaired. You will see in your forthcoming classes that with the literature, the instructors say that cops can ticket you for any amount of alcohol or drugs, or even if they think you are too tired to drive (DWAI doesn't have to be alcohol or drugs, it is all encompassing). This is something your friends failed to tell you when they gave you the cards and said "just follow this and you'll be home free".

Yes it's confusing, but they do tell you in the classes the the cards and BAC limits are not the end-all be-all.

You know the last perfect person to walk this earth was nailed to a cross don't you?

RaiderH8r
01-08-2010, 08:41 AM
lol

.08 is an arbitary limit.

trying to justify drinking and driving. cute.

As is .05. Most of the sober jerkoffs on the road don't deserve to be behind the wheel in the first place. I'm more scared of the **** knobs during rush hour killing me than any drunk driver. And that is the indisputable truth.

TailgateNut
01-08-2010, 08:42 AM
You know the last perfect person to walk this earth was nailed to a cross don't you?

...and I thought you didn't have a "funny bone".:spit:


He does seem like on of those types who's never spit on the sidewalk. He just swallows!:wiggle:

STBumpkin
01-08-2010, 08:42 AM
Sub hunter?

Yep, Primarily ASW (anti-sub warfare) but also lots of overland ISR (intelligence, serveillance, recconnaisance). General Maritime Patrol and Reconaissance. The pics you saw of the pirates near Djibouti were taken from a P-3.

TailgateNut
01-08-2010, 08:44 AM
As is .05. Most of the sober jerkoffs on the road don't deserve to be behind the wheel in the first place. I'm more scared of the **** knobs during rush hour killing me than any drunk driver. And that is the indisputable truth.

Try driving in Colorado in the snow with all the idiots from California and Texas on the road beside you. That'll scare the begeezus out of ya!

RaiderH8r
01-08-2010, 08:44 AM
...and I thought you didn't have a "funny bone".:spit:


He does seem like on of those types who's never spit on the sidewalk. He just swallows!:wiggle:

Oh, I'm a funny freakin' guy...when people agree with me.

TailgateNut
01-08-2010, 08:45 AM
Yep, Primarily ASW (anti-sub warfare) but also lots of overland ISR (intelligence, serveillance, recconnaisance). General Maritime Patrol and Reconaissance. The pics you saw of the pirates near Djibouti were taken from a P-3.


:spit:

RaiderH8r
01-08-2010, 08:45 AM
Try driving in Colorado in the snow with all the idiots from California and Texas on the road besdie you. That'll scared the begeezus out of ya!

495 during rush hour on a sunny day is the most dangerous road in America. Why? Marylanders. Always the f'ing Marylanders. Snow, rain, ice? I'd rather ride with Keith Moon behind the wheel during their Quadraphenia tour than with these knobs.

I have done the CO thing and the singular trait these people have in common is that they are more important than you or I and they're going to drive that way just to prove it.

TailgateNut
01-08-2010, 08:47 AM
495 during rush hour on a sunny day is the most dangerous road in America. Why? Marylanders. Always the f'ing Marylanders.

The Beltway is ONE reason my father in law couldn't convince me to move to DC. Nucking Futz!

Cool Breeze
01-08-2010, 08:49 AM
How did this go for you Bronconia?

STBumpkin
01-08-2010, 08:49 AM
You know the last perfect person to walk this earth was nailed to a cross don't you?

I never stated that I don't make mistakes. I just make damn sure that drinking and driving is one that I don't make. It is one of the most egregious there is and there is no excuse for it.

RaiderH8r
01-08-2010, 08:50 AM
The Beltway is ONE reason my father in law couldn't convince me to move to DC. Nucking Futz!

I moved inside a couple of years ago so now I just have to deal with 395 and the bridge. Still likely to get hit but at a breakneck 15 mph it's not as lethal.

TailgateNut
01-08-2010, 08:51 AM
How did this go for you Bronconia?

I'm sure he wont know until the cops and DA finish sharing donuts at the coffee shop.

STBumpkin
01-08-2010, 08:51 AM
:spit:

What is funny about finding IEDs the easy way?

Boobs McGee
01-08-2010, 08:52 AM
How did this go for you Bronconia?

T-minus 4 hours and counting...I'll letcha know later this evening!

TailgateNut
01-08-2010, 08:52 AM
I never stated that I don't make mistakes. I just make damn sure that drinking and driving is one that I don't make. It is one of the most egregious there is and there is no excuse for it.

So your **** DOES stink. Amazing!

TailgateNut
01-08-2010, 08:55 AM
What is funny about finding IEDs the easy way?


Good grief, you are so FOS (Full of ****). IED's found on maritime patrol from a plane.

Are the trip wires on the ocean floor or floating?

RaiderH8r
01-08-2010, 09:00 AM
I never stated that I don't make mistakes. I just make damn sure that drinking and driving is one that I don't make. It is one of the most egregious there is and there is no excuse for it.

I don't know. I drank and drive and got away with it pretty easily. The time I killed a hooker was a little trickier. If I weren't in Thailand at the time I don't know if I would have gotten away with it.

STBumpkin
01-08-2010, 09:09 AM
So your **** DOES stink. Amazing!

So people in our society shouldn't hold one another accountable for their transgressions? It doesn't have to go through the legal system. If we police ourselves enough, it doesn't get into the hands of the law. I'm not talking about vigilantism, just calling people out for doing stupid shi*.

STBumpkin
01-08-2010, 09:12 AM
Good grief, you are so FOS (Full of ****). IED's found on maritime patrol from a plane.

Are the trip wires on the ocean floor or floating?

Read the earlier post. Overland ISR means OVERLAND. It is a multi-mission aircraft. Don't talk about that which you know nothing. An Infrared/Electro-Optical camera works great, day or night, overland or over water. You can see freshly turned earth, control wires leading from intersections, etc.

TailgateNut
01-08-2010, 09:14 AM
Read the earlier post. Overland ISR means OVERLAND. It is a multi-mission aircraft. Don't talk about that which you know nothing. An Infrared/Electro-Optical camera works great, day or night, overland or over water.


Have you found many IED's in Washigton state?

TailgateNut
01-08-2010, 09:17 AM
Idiot

Semen (sp):spit:

missingnumber7
01-08-2010, 09:25 AM
Read the earlier post. Overland ISR means OVERLAND. It is a multi-mission aircraft. Don't talk about that which you know nothing. An Infrared/Electro-Optical camera works great, day or night, overland or over water. You can see freshly turned earth, control wires leading from intersections, etc.

When I was in Iraq conducting route clearance...all the overhead Intel I recieved about freshly turned earth and control wires...ALL, 100%, EVERYTHING I WAS TOLD TO CHECK OUT BY MY O5...was nothing, wrong or a fluke or piss bottle thrown out by other ground pounders. Only assistance I recieved from UAV support and Air Support was looking for hodgie over a berm on an IED that my guys found, or droppin a 500 LB bomb on a deep buried we found the wires for. Thats just my experience, now I know of 1 in our entire BN in the entire year we were in the Diyala provice that lead to a successful find.

RaiderH8r
01-08-2010, 09:29 AM
So people in our society shouldn't hold one another accountable for their transgressions? It doesn't have to go through the legal system. If we police ourselves enough, it doesn't get into the hands of the law. I'm not talking about vigilantism, just calling people out for doing stupid shi*.

He's being held accountable, he's going to court and he'll stand tall before the man. What you're doing is kicking a guy when he is down. If he was full of bragaddocio and chest pounding over his right to do stupid **** then I would be the first to bust his balls, but he's not. What you're doing is riding your high horse back and forth over a guy who has laid himself prostrate before the community and honestly and contritely asked for advice and help to navigate our legal system which is quite an indimidating affair if you've never done it before. So lighten up on the guy, he's learning his lesson from people who will extract a pound of flesh on behalf of society. He comes back in a year with the same story then I'll rip his **** but for now lay the f@@@ off.

azbroncfan
01-08-2010, 09:32 AM
I never stated that I don't make mistakes. I just make damn sure that drinking and driving is one that I don't make. It is one of the most egregious there is and there is no excuse for it.

I am so glad you are so perfect and don't have any faults. Karma is going to strike you down. I sure as hell wouldn't put up with your highstrung, sh#tdon't stink attitude in the flight deck.

crawdad
01-08-2010, 09:33 AM
He's being held accountable, he's going to court and he'll stand tall before the man. What you're doing is kicking a guy when he is down. If he was full of bragaddocio and chest pounding over his right to do stupid **** then I would be the first to bust his balls, but he's not. What you're doing is riding your high horse back and forth over a guy who has laid himself prostrate before the community and honestly and contritely asked for advice and help to navigate our legal system which is quite an indimidating affair if you've never done it before. So lighten up on the guy, he's learning his lesson from people who will extract a pound of flesh on behalf of society. He comes back in a year with the same story then I'll rip his **** but for now lay the f@@@ off.

Ditto, rep for that!

TailgateNut
01-08-2010, 09:35 AM
He's being held accountable, he's going to court and he'll stand tall before the man. What you're doing is kicking a guy when he is down. If he was full of bragaddocio and chest pounding over his right to do stupid **** then I would be the first to bust his balls, but he's not. What you're doing is riding your high horse back and forth over a guy who has laid himself prostrate before the community and honestly and contritely asked for advice and help to navigate our legal system which is quite an indimidating affair if you've never done it before. So lighten up on the guy, he's learning his lesson from people who will extract a pound of flesh on behalf of society. He comes back in a year with the same story then I'll rip his **** but for now lay the f@@@ off.


:thanku:

Meet ya back in WRP, ya ****wad.;D

TailgateNut
01-08-2010, 09:36 AM
I am so glad you are so perfect and don't have any faults. Karma is going to strike you down. I sure as hell wouldn't put up with your highstrung, sh#tdon't stink attitude in the flight deck.

Not even if he's wearing his purdy dress whites?;D

azbroncfan
01-08-2010, 09:41 AM
Not even if he's wearing his purdy dress whites?;D

Yeah I'll lock him outside the flight deck until I need some coffee or something. I hate tools like him with that attitude, the only good thing is those guys rarely get hired because they get throw out immediately in the interview personality tests or someone else knows them and throws them under the bus for the sake of everyone else.

RaiderH8r
01-08-2010, 09:52 AM
:thanku:

Meet ya back in WRP, ya ****wad.;D

Commie bastard.:thanku:

TailgateNut
01-08-2010, 09:55 AM
Yeah I'll lock him outside the flight deck until I need some coffee or something. I hate tools like him with that attitude, the only good thing is those guys rarely get hired because they get throw out immediately in the interview personality tests or someone else knows them and throws them under the bus for the sake of everyone else.

I had this CO (Clemson grad) when I was stationed at Ft. Hood who had the same type (my **** don't stink) attitude. Needless to say when we went on cross country flights we would always find a reason why we went out without inviting him along. Sad ****ing personality trait.

TailgateNut
01-08-2010, 09:56 AM
Commie bastard.:thanku:

You rang, COMRADE?:wiggle:

Hogan11
01-08-2010, 12:30 PM
At the end of the day, it is not illegal to drink and drive. As they said, if it were then it would be a .00 legal limit. I don't know what the justification behind the law is but you can clearly drink some and drive.

If a cop had been blowing folks as they came out of the bar, would it have made a difference that he knew his BAC? Who cares whether he knew or not? He judged his body and the precautions he took and, according to his beliefs which was anything under a .08 was legal, he thought he could drive. He just didn't know all of the laws, apparently.

Here in NY, DWI is big business. Huge $$$ at stake and everyone gets a piece of the guy who gets pulled over for it and charged (might as well say convicted, because it takes an act of God to get any charges reduced, let alone dismissed).

I've never been pulled over for it (I walk when imbibing), but I know people who have been through it and they're generally on the hook for at least 5 Grand before all is said and done. That cash goes to insurance companies, lawyers, the state and law enforcement. In the case of Law enforcement, DWI is a "self funding program", meaning it not only pays for itself, but also funds the dept so they can get the latest equiptment, extremely important in the age of goverment cutbacks.

To give you an idea how much of a cash cow this is for them, when compliance seemed to rise to the point where it started to affect the overall bottom line, the State lowered the legal limit. It really tells you all you need to know when it comes to this. Extremely low legal limits amount to a cash grab under the guise of public safety. It's just not worth it to your bottom line to ever take the chance.

Rabb
01-08-2010, 01:16 PM
I don't feel like reading all the pages since I last read, what happened today for you man

broncocalijohn
01-08-2010, 01:23 PM
well, if we dont hear from him, expect that he said, " I am representing myself due to facts I received at Orange Mane!" He will be incarcerated for one month. Week for DUI and three weeks for listening to us.

RaiderH8r
01-08-2010, 01:31 PM
well, if we dont hear from him, expect that he said, " I am representing myself due to facts I received at Orange Mane!" He will be incarcerated for one month. Week for DUI and three weeks for listening to us.

Whatever happened to him be damned, that is one kickass Kip Winger knockoff in your avatar there stud.:afro:

Ambiguous
01-08-2010, 01:37 PM
Whatever happened to him be damned, that is one kickass Kip Winger knockoff in your avatar there stud.:afro:

I've been meaning to ask... Is that Bronco Warrior?

Flex Gunmetal
01-08-2010, 01:38 PM
Yep, Primarily ASW (anti-sub warfare) but also lots of overland ISR (intelligence, serveillance, recconnaisance). General Maritime Patrol and Reconaissance. The pics you saw of the pirates near Djibouti were taken from a P-3.

Who is this moron who can't spell or read?

He blew below the legal limit, there is no crime. Get over yourself and try to be less of a jerkoff.
Do you only post when you have no room in a discussion which you dont understand? Hence 600 posts in 4.5 years?

Hogan11
01-08-2010, 01:46 PM
Whatever happened to him be damned, that is one kickass Kip Winger knockoff in your avatar there stud.:afro:

Monster Ballads..you know, because every bad boy has his soft side :rofl:

ghwk
01-08-2010, 01:51 PM
he's being held accountable, he's going to court and he'll stand tall before the man. What you're doing is kicking a guy when he is down. If he was full of bragaddocio and chest pounding over his right to do stupid **** then i would be the first to bust his balls, but he's not. What you're doing is riding your high horse back and forth over a guy who has laid himself prostrate before the community and honestly and contritely asked for advice and help to navigate our legal system which is quite an indimidating affair if you've never done it before. So lighten up on the guy, he's learning his lesson from people who will extract a pound of flesh on behalf of society. He comes back in a year with the same story then i'll rip his **** but for now lay the f@@@ off.

+1

RaiderH8r
01-08-2010, 01:57 PM
Monster Ballads..you know, because every bad boy has his soft side :rofl:

http://blogs.dallasobserver.com/dc9/kip%20winger.jpg

She's only seventeen....

Hercules Rockefeller
01-08-2010, 02:04 PM
Who is this moron who can't spell or read?

He blew below the legal limit, there is no crime.

You understand that he blew below the legal limit probably an hour after he was stopped while driving?

That's not below the legal limit and thus no crime. He was above the legal limit when he was stopped and failed roadsides, that's what matters.

In reality, he took a breath test so there's not going to be an extrapolation back and that's a waste of time and resources in county court, so I wouldn't be surprised if it gets dismissed.

ghwk
01-08-2010, 02:07 PM
So people in our society shouldn't hold one another accountable for their transgressions? It doesn't have to go through the legal system. If we police ourselves enough, it doesn't get into the hands of the law. I'm not talking about vigilantism, just calling people out for doing stupid shi*.

Morale must just AWESOME in your outfit.

Ratboy
01-08-2010, 02:11 PM
lol @ all the drunks

Gort
01-08-2010, 02:14 PM
OK, so, let me start by saying that I'm an idiot.

About a month ago, I had gone to a bar over in littleton (the no name, classy joint haha).

<snip>

I've gotta get back to work, but thanks in advance for the help.

did you check out Bob Loblaw's Law Blog? it couldn't hurt...

Merlin
01-08-2010, 02:39 PM
I'm curious, this thread is at 9 pages, did a single Lawyer comment?

Boobs McGee
01-08-2010, 02:45 PM
CARELESS DRIVING!!!!

I got to the courthouse, judges were at a conference and I was the only one there, so the DA asked me to step in his office. He told me that basically, since I'd blown below the minimum, they didn't have enough for any kind of conviction (used some french term, can't quite remember), and DROPPED the DWAI and speeding charges. The plea he offered was a level 2 (the lesser of the two) Careless Driving!!!!!

WOW!

So, thanks to everyone who contributed...I didn't have to end up bargaining, begging, or anything. Just signed some paperwork, and have to go back in on monday when the judge returns so I can get properly sentenced...at that point in time I'll find out exactly what kind of fine goes along with the 4 point violation (won't be over $300, and DEFINITELY less than a DWAI would have been).

BIG THANKS to Raiderh8r and Mr. Chatterboodam, you guys gave me some excellent points and guidance.

and p.s., I asked the DA about the weight/drink ratio...he told me that it's not ILLEGAL to drink and drive, you're not technically impaired below the .05, which is a major part of the reason my charges were dismissed.

REGARDLESS, it's a stupid idea to drink and drive, and I won't be doing it again.

I'm extremely fortunate and thankful for the outcome of my case, and wanted to say thanks again for all the help.

cheers,

cory

Requiem
01-08-2010, 02:48 PM
Glad to hear it man!

Boobs McGee
01-08-2010, 02:50 PM
Thanks!

Garcia Bronco
01-08-2010, 02:50 PM
CARELESS DRIVING!!!!

I got to the courthouse, judges were at a conference and I was the only one there, so the DA asked me to step in his office. He told me that basically, since I'd blown below the minimum, they didn't have enough for any kind of conviction (used some french term, can't quite remember), and DROPPED the DWAI and speeding charges. The plea he offered was a level 2 (the lesser of the two) Careless Driving!!!!!

WOW!

So, thanks to everyone who contributed...I didn't have to end up bargaining, begging, or anything. Just signed some paperwork, and have to go back in on monday when the judge returns so I can get properly sentenced...at that point in time I'll find out exactly what kind of fine goes along with the 4 point violation (won't be over $300, and DEFINITELY less than a DWAI would have been).

BIG THANKS to Raiderh8r and Mr. Chatterboodam, you guys gave me some excellent points and guidance.

and p.s., I asked the DA about the weight/drink ratio...he told me that it's not ILLEGAL to drink and drive, you're not technically impaired below the .05, which is a major part of the reason my charges were dismissed.

REGARDLESS, it's a stupid idea to drink and drive, and I won't be doing it again.

I'm extremely fortunate and thankful for the outcome of my case, and wanted to say thanks again for all the help.

cheers,

cory

It was stupid that they pulled you over in the first place other than to give you the ticket for speeding. Never volunteer information. After you perfrome d the field tests properly the detained you without probable cause. It's illegal. Good on you for letting it go.

Rabb
01-08-2010, 02:51 PM
let's tempt fate and go get hammered now...who's with me?

j/k man, grats

Boobs McGee
01-08-2010, 02:53 PM
let's tempt fate and go get hammered now...who's with me?

j/k man, grats

Thanks man!

LOL my boss called, I told him I was on my way to the bar to celebrate ;D

He was not amused

(and for those reading that HAVENT found their sense of humor, that last part was a joke)

ColoradoDarin
01-08-2010, 02:55 PM
REGARDLESS, it's a stupid idea to drink and drive, and I won't be doing it again.

Glad that you only got the careless driving. Good on your statement above. Took me a long time to get to that point.

Hercules Rockefeller
01-08-2010, 03:00 PM
He told me that basically, since I'd blown below the minimum, they didn't have enough for any kind of conviction (used some french term, can't quite remember), and DROPPED the DWAI and speeding charges.

Congrats, and not a surprise.

Does he have enough for a conviction? Yes. The .05-.079 is only a presumption, the paraphrased language is "impaired to the slightest degree".

Would a jury have ever convicted you? No.

Being below the .05 gets you the presumption you weren't impaired, but bad driving and failed roadsides can be used to show the impairment.

and before anyone says anything about an actual lawyer or DA disagrees, I'm a DA. I did the same thing the two or three times I've come across someone who came back below .05, it's a waste of time to prosecute those as DWAIs.

I'd have asked to plea to the speeding charge, unless they've changed the fine range in the last year or two, the careless will cost you more.

Hercules Rockefeller
01-08-2010, 03:02 PM
It was stupid that they pulled you over in the first place other than to give you the ticket for speeding. Never volunteer information. After you perfrome d the field tests properly the detained you without probable cause. It's illegal. Good on you for letting it go.

Uhhhh . . . no they didn't. Roadsides are a subjective interpretation of the officer, and a defendant claiming they thought they did them ok isn't going to fly in front of a judge if you're challenging the PC to arrest.

That One Guy
01-08-2010, 03:02 PM
When I was in Iraq conducting route clearance...all the overhead Intel I recieved about freshly turned earth and control wires...ALL, 100%, EVERYTHING I WAS TOLD TO CHECK OUT BY MY O5...was nothing, wrong or a fluke or piss bottle thrown out by other ground pounders. Only assistance I recieved from UAV support and Air Support was looking for hodgie over a berm on an IED that my guys found, or droppin a 500 LB bomb on a deep buried we found the wires for. Thats just my experience, now I know of 1 in our entire BN in the entire year we were in the Diyala provice that lead to a successful find.

I laughed at the same thing. Maybe they don't get feedback on their "finds".

I was in an S-2 for a Sustainment Brigade this last go 'round. (For those who don't know: Sustainment Brigade is the logistical support for about a quarter of Iraq, each. The Brigade's sole mission was convoys and taking supplies from bigger bases and logistical hubs out to the smaller camps. My mission as their S-2 then? Monitoring route clearance, monitoring IED trends, etc.) I know of one off the top of my head that was an IR IED find that came from a heat signature picked up by a UAV. There were a few more picked up by assets based on disturbed earth. None of those were P3s, they were all UAVs and manned Cessna's.

The Air Force quite often sent us their data and I know the P3 was one of the assets they employed. Off the top of my head, I don't think they were ever accurate. They often focused on other things than IED finding but most of all, I just found it an easy out for some pretty pictures for my INTSUM. "Hey look, pretty pictures. Some officer will appreciate that."

And, finally, if a P3 could find an IED wire... why didn't they tell anyone before the Air Force developed an asset to do only that?

Of course, I've been home about 5 months so maybe something has changed since then...

Boobs McGee
01-08-2010, 03:03 PM
Congrats, and not a surprise.

Does he have enough for a conviction? Yes. The .05-.079 is only a presumption, the paraphrased language is "impaired to the slightest degree".

Would a jury have ever convicted you? No.

Being below the .05 gets you the presumption you weren't impaired, but bad driving and failed roadsides can be used to show the impairment.

and before anyone says anything about an actual lawyer or DA disagrees, I'm a DA. I did the same thing the two or three times I've come across someone who came back below .05, it's a waste of time to prosecute those as DWAIs.

I'd have asked to plea to the speeding charge, unless they've changed the fine range in the last year or two, the careless will cost you more.

I thought about that, but, the speeding was 10 over in a construction zone, and since I received the level 2 careless driving, he thought it would be cheaper that way. I'm pretty sure the maximum was 300 for careless driving, and with the recent increase in construction zone infraction fines, I think that's where he was getting his information.

That One Guy
01-08-2010, 03:08 PM
You understand that he blew below the legal limit probably an hour after he was stopped while driving?

That's not below the legal limit and thus no crime. He was above the legal limit when he was stopped and failed roadsides, that's what matters.

In reality, he took a breath test so there's not going to be an extrapolation back and that's a waste of time and resources in county court, so I wouldn't be surprised if it gets dismissed.

So, just to clarify, are you saying the blood can be extrapolated back but a blow can't? So if you think you've been sitting long enough, it's better to blow and be safe? If you pass the blow, free and clear sorta thing? This could be a crucial detail when I get mine if I think I'm close...

That One Guy
01-08-2010, 03:13 PM
Thanks man!

LOL my boss called, I told him I was on my way to the bar to celebrate ;D

He was not amused

(and for those reading that HAVENT found their sense of humor, that last part was a joke)

So, just to be safe... what do ya say I send you my paypal info and you buy me some drinks instead? You can't drink and drive and I'll get liquored up. We both win.

On a more serious note, anyone else think the DA just weaseled out because he knew the OMane advice had been given? He's only one man, we're a whole damn Broncos Community. Bronconia could've defended himself with some of the theories we can produce. I mean, come on, WE could come up with the next Chewbacca Defense!

DenverBroncosJM
01-08-2010, 03:16 PM
Is this thread about DUI's or Military operations?

That One Guy
01-08-2010, 03:39 PM
Is this thread about DUI's or Military operations?

Observe both and you'd be convinced all parties have been drinking.

Arkansas Bronco
01-08-2010, 03:47 PM
Glad u didnt get @#$%ed over because of this bogus crap. U still got a bit screwed all u should have got was a speeding ticket. Im taking a couple shots just for u. Oh and screw all u angels that never did anything wrong but felt its always a good idea to bash on a man who is scared of what is going to happen to him and just has a question.

bombay
01-08-2010, 04:51 PM
CARELESS DRIVING!!!!

I got to the courthouse, judges were at a conference and I was the only one there, so the DA asked me to step in his office. He told me that basically, since I'd blown below the minimum, they didn't have enough for any kind of conviction (used some french term, can't quite remember), and DROPPED the DWAI and speeding charges. The plea he offered was a level 2 (the lesser of the two) Careless Driving!!!!!

WOW!

So, thanks to everyone who contributed...I didn't have to end up bargaining, begging, or anything. Just signed some paperwork, and have to go back in on monday when the judge returns so I can get properly sentenced...at that point in time I'll find out exactly what kind of fine goes along with the 4 point violation (won't be over $300, and DEFINITELY less than a DWAI would have been).

BIG THANKS to Raiderh8r and Mr. Chatterboodam, you guys gave me some excellent points and guidance.

and p.s., I asked the DA about the weight/drink ratio...he told me that it's not ILLEGAL to drink and drive, you're not technically impaired below the .05, which is a major part of the reason my charges were dismissed.

REGARDLESS, it's a stupid idea to drink and drive, and I won't be doing it again.

I'm extremely fortunate and thankful for the outcome of my case, and wanted to say thanks again for all the help.

cheers,

cory


If you're happy with the outcome, Cory, then I'm happy for you. I suspect they held the DWAI over your head to get you to plead to the careless, and that they couldn't have convicted you of it because you were under the legal limit. Whether or not you were over at one time is impossible to know and completely irrelevant.

Still, I'm relieved for you. Congats.

Hogan11
01-08-2010, 04:55 PM
Glad you beat the rap....congrats! :thumbs:

Florida_Bronco
01-08-2010, 05:07 PM
Congrats!

watermock
01-08-2010, 05:10 PM
Actually you should sue, since you were not impaired or driving careless.

You in fact, came across an unexpected obstacle, and seeing such, measured your driving accordingly.

The fact that a cop was lurking on a speed trap in a constuction zone is obvious entrapment and endangerment to you and others.

The fact he pulled you over while ignoring his primary responsibility to keep the road clear was an obvious lack of proper judgement.


http://www.seinfeldonline.com/jackie.jpg

Arkansas Bronco
01-08-2010, 05:15 PM
Actually you should sue, since you were not impaired or driving careless.

You in fact, came across an unexpected obstacle, and seeing such, measured your driving accordingly.

The fact that a cop was lurking on a speed trap in a constuction zone is obvious entrapment and endangerment to you and others.

The fact he pulled you over while ignoring his primary responsibility to keep the road clear was an obvious lack of proper judgement.


http://www.seinfeldonline.com/jackie.jpg

When the hell is my state roof going to be done? Damn it Mock. J/k glad you are getting back around missed ya bro

DBroncos4life
01-08-2010, 05:16 PM
I got pulled over one time one block from my house, I refused to blow or do any test. I had to be to work in 4 hours and I know that I stopped drinking several hours before I left the bar. It was thanksgiving weekend so I was just hanging out with friends that came back to visit. I think the fact that I wasn't going to give them anything to work with upset them so they took me to jail and did all that fun stuff then I bailed myself out. I went to court and they offered me DUI per se, (which I'm shocked they didn't offer you that at first) I told them no thank you. My lawyer went back and talked to the DA and the chargers got dropped. Don't drink and drive it's that simple, but for whatever reason you find yourself driving after one or two beers just don't give them anything more to work with then you have to. Lawyers do lots for you but if you make it so the DA has to work twice as hard as your lawyer to get a conviction odds are they will move onto easier cases. Anyways remember buzz driving is still drunk driving.

Meck77
01-08-2010, 05:17 PM
Good deal Bronconia.

I'm glad you found some common ground with the DA.

houghtam
01-08-2010, 06:58 PM
If you're happy with the outcome, Cory, then I'm happy for you. I suspect they held the DWAI over your head to get you to plead to the careless, and that they couldn't have convicted you of it because you were under the legal limit. Whether or not you were over at one time is impossible to know and completely irrelevant.

Still, I'm relieved for you. Congats.

I don't know what the law is in Colorado, but I'm pretty sure in Michigan (and as well in GA where I currently reside) going 10 or more over in a construction zone can be classified as careless driving.

Pendejo
01-08-2010, 08:10 PM
I only read the first post. The lesson here is when it comes to dealing with cops do two things:

1) Acquiesce. The cops want you to give them a reason to put their knee on the back of your neck. Do what they say.

2) Keep your gawd damned mouth shut. NEVER talk to a cop. NEVER. If you are going to answer them (you shouldn't) the proper response is, "I don't know." They DO NOT have your best interests in mind. Admit nothing, and retain plausible deniability. Do not be intimidated. Believe nothing they say. Even though they are being whittled down we do have rights. Keeping your mouth shut helps protect said rights.

* I have never been arrested, but have been harassed by Cops enough to know that the above is gospel.

Jason in LA
01-08-2010, 09:51 PM
The plea he offered was a level 2 (the lesser of the two) Careless Driving!!!!!



cory

Man you should have said to the DA f *** that s*** and bounced.

Well, at least that would have made a better story. ;D

Dr. Broncenstein
01-09-2010, 01:53 AM
I only read the first post. The lesson here is when it comes to dealing with cops do two things:

1) Acquiesce. The cops want you to give them a reason to put their knee on the back of your neck. Do what they say.

2) Keep your gawd damned mouth shut. NEVER talk to a cop. NEVER. If you are going to answer them (you shouldn't) the proper response is, "I don't know." They DO NOT have your best interests in mind. Admit nothing, and retain plausible deniability. Do not be intimidated. Believe nothing they say. Even though they are being whittled down we do have rights. Keeping your mouth shut helps protect said rights.

* I have never been arrested, but have been harassed by Cops enough to know that the above is gospel.

I've posted this before, but it bears repeating. This is a law school lecture about the fith amendment, and it really made an impression on me.

<object width="480" height="385"><param name="movie" value="http://www.youtube.com/v/6wXkI4t7nuc&hl=en_US&fs=1&"></param><param name="allowFullScreen" value="true"></param><param name="allowscriptaccess" value="always"></param><embed src="http://www.youtube.com/v/6wXkI4t7nuc&hl=en_US&fs=1&" type="application/x-shockwave-flash" allowscriptaccess="always" allowfullscreen="true" width="480" height="385"></embed></object>

Steve Prefontaine
01-09-2010, 05:55 AM
Congrats bronconia!

So the mane came through after all?

Natedogg
01-09-2010, 08:41 AM
CARELESS DRIVING!!!!

I got to the courthouse, judges were at a conference and I was the only one there, so the DA asked me to step in his office. He told me that basically, since I'd blown below the minimum, they didn't have enough for any kind of conviction (used some french term, can't quite remember), and DROPPED the DWAI and speeding charges. The plea he offered was a level 2 (the lesser of the two) Careless Driving!!!!!

WOW!

So, thanks to everyone who contributed...I didn't have to end up bargaining, begging, or anything. Just signed some paperwork, and have to go back in on monday when the judge returns so I can get properly sentenced...at that point in time I'll find out exactly what kind of fine goes along with the 4 point violation (won't be over $300, and DEFINITELY less than a DWAI would have been).

BIG THANKS to Raiderh8r and Mr. Chatterboodam, you guys gave me some excellent points and guidance.

and p.s., I asked the DA about the weight/drink ratio...he told me that it's not ILLEGAL to drink and drive, you're not technically impaired below the .05, which is a major part of the reason my charges were dismissed.

REGARDLESS, it's a stupid idea to drink and drive, and I won't be doing it again.

I'm extremely fortunate and thankful for the outcome of my case, and wanted to say thanks again for all the help.

cheers,

cory

Told you. :~ohyah!:

Nice work. Glad the system worked, in this case.

Some Maners (and MADD) are punching a wall right now.

loborugger
01-09-2010, 08:53 AM
I've posted this before, but it bears repeating. This is a law school lecture about the fith amendment, and it really made an impression on me.

<object width="480" height="385"><param name="movie" value="http://www.youtube.com/v/6wXkI4t7nuc&hl=en_US&fs=1&"></param><param name="allowFullScreen" value="true"></param><param name="allowscriptaccess" value="always"></param><embed src="http://www.youtube.com/v/6wXkI4t7nuc&hl=en_US&fs=1&" type="application/x-shockwave-flash" allowscriptaccess="always" allowfullscreen="true" width="480" height="385"></embed></object>

I have watched this video. Man, it is long, but definitely full of good advice.

Cito Pelon
01-09-2010, 09:36 AM
The way I read the OP, you're zipping along on cruise control set at 65 mph, at 0100, you see the construction zone, you've been drinking, you don't bother to slow down and are still doing 65 on cruise control as the cones narrow down to one lane. And there is a state trooper sitting right there where the cones are laid out.

There were undoubtedly those great big orange reflective signs all over the place warning you that you were coming up on a construction zone, all that stuff Interstate highway crews tend to do to keep knuckleheads from running up onto a construction zone at 65 mph on cruise control at 1 AM.

Sounds to me like your ability to drive was impaired. And, if you blew a .049, you had more than "about 4 beers" in that four hours.

azbroncfan
01-09-2010, 09:54 AM
I had this CO (Clemson grad) when I was stationed at Ft. Hood who had the same type (my **** don't stink) attitude. Needless to say when we went on cross country flights we would always find a reason why we went out without inviting him along. Sad ****ing personality trait.

P-3s don't land on carriers. If you knew anything about a flight deck you'd know that.

This rep comment really has me wondering if this guy is a pilot and along with the IED comment. It really sounds to me like he is a wannabe. Furthermore where did I say that P-3's land on carriers?

Cito Pelon
01-09-2010, 10:00 AM
CARELESS DRIVING!!!!

I got to the courthouse, judges were at a conference and I was the only one there, so the DA asked me to step in his office. He told me that basically, since I'd blown below the minimum, they didn't have enough for any kind of conviction (used some french term, can't quite remember), and DROPPED the DWAI and speeding charges. The plea he offered was a level 2 (the lesser of the two) Careless Driving!!!!!

WOW!

So, thanks to everyone who contributed...I didn't have to end up bargaining, begging, or anything. Just signed some paperwork, and have to go back in on monday when the judge returns so I can get properly sentenced...at that point in time I'll find out exactly what kind of fine goes along with the 4 point violation (won't be over $300, and DEFINITELY less than a DWAI would have been).

BIG THANKS to Raiderh8r and Mr. Chatterboodam, you guys gave me some excellent points and guidance.

and p.s., I asked the DA about the weight/drink ratio...he told me that it's not ILLEGAL to drink and drive, you're not technically impaired below the .05, which is a major part of the reason my charges were dismissed.

REGARDLESS, it's a stupid idea to drink and drive, and I won't be doing it again.

I'm extremely fortunate and thankful for the outcome of my case, and wanted to say thanks again for all the help.

cheers,

cory

Remember those shivers you got, dude. It could have been a lot worse. It really sounded to me from your OP that you were 'DWAI'. Who turns the cruise control to 65 at 0100 on a winter night after closing a bar down? Someone who's right at DWAI level.

Arkansas Bronco
01-09-2010, 11:53 AM
Told you. :~ohyah!:

Nice work. Glad the system worked, in this case.

Some Maners (and MADD) are punching a wall right now.

Careful walls arnt as strong one would think. In fact its pretty darn easy to punch threw both sides. Just sayin, punch a door jam a few times that will hold up and break a knuckle 2 teach ya a lesson over a few months.

Boobs McGee
01-09-2010, 12:31 PM
Remember those shivers you got, dude. It could have been a lot worse. It really sounded to me from your OP that you were 'DWAI'. Who turns the cruise control to 65 at 0100 on a winter night after closing a bar down? Someone who's right at DWAI level.

Couple things Cito.

First off, I ALWAYS put the cruise control when I'm on c470. In fact I use it pretty much anytime I'm on a highway, and ESPECIALLY at night.

As far as your previous post, I'll paint a little picture for you.

Winter's night? It was a normal, kind of warm, friday evening. No snow on the ground.

C-470 is a 4 lane highway here, and for about the last year and a half they've been doing construction along various parts of it, MOST of which has been within about 5 or 6 miles of my house. I drive this highway every day, in both directions, at some point. You're correct in your assumption that there are big orange reflective signs everywhere, but, there aren't always speed limit changes. Often times, there are just signs letting you know you're coming into a construction zone, and to take caution.

I had been through the area TWICE that day already, and there weren't any construction zone signs up yet. There WERE signs stating that there would be a construction zone through the area this weekend, and I took note. I'll say again, on this particular stretch of highway construction zones have been going up off and on for the last year and a half....so nothing out of the ordinary.

When I was coming back from the bar, I noticed construction zone signs, stating that there was now a zone in effect, but didn't see any kind of changed speed limit signs. when the lanes merged down into one, and I saw the state trooper, I didn't think anything of it, just probably a speed trap kinda thing.

Another point to add, while I was being arrested, one of the officers went up the road to talk with the construction guys in regards to the safety of my car. He reported back to me that my car would be safe for TWO DAYS, because they weren't even close to getting to my area yet.

So, while it's VERY POSSIBLE there were signs up that I missed, it's also possible that the construction crew hadn't set them up yet that far down the road.

As far as my level of sobriety, well, I dunno what to tell you. If you read my op, it was 4 beers in roughly three hours, not four.

cutthemdown
01-09-2010, 12:48 PM
Moral of the story is even when you are .03 you could kill someone or get into a lot of trouble so don't drive.

Boobs McGee
01-09-2010, 12:54 PM
Exactly

That One Guy
01-09-2010, 04:53 PM
Moral of the story is even when you are .03 you could kill someone or get into a lot of trouble so don't drive.

I don't think anyone requires the BAC of both parties after a car accident to see if anyone died.

You can be equally dangerous in 1,000 other scenarios... if not more so. A car is inherently dangerous but a single drink or two does not mean you are then qualified to kill someone.

Just be smart when you drive but let's stop harping on this one drink means you're gonna kill someone routine. It sounds like everyone's on the freakin' payrole of MADD.

Not saying to drink and drive but if you do what you should, you can have a drink at dinner and drive home.

Tombstone RJ
01-09-2010, 08:29 PM
Here in NY, DWI is big business. Huge $$$ at stake and everyone gets a piece of the guy who gets pulled over for it and charged (might as well say convicted, because it takes an act of God to get any charges reduced, let alone dismissed).

I've never been pulled over for it (I walk when imbibing), but I know people who have been through it and they're generally on the hook for at least 5 Grand before all is said and done. That cash goes to insurance companies, lawyers, the state and law enforcement. In the case of Law enforcement, DWI is a "self funding program", meaning it not only pays for itself, but also funds the dept so they can get the latest equiptment, extremely important in the age of goverment cutbacks.

To give you an idea how much of a cash cow this is for them, when compliance seemed to rise to the point where it started to affect the overall bottom line, the State lowered the legal limit. It really tells you all you need to know when it comes to this. Extremely low legal limits amount to a cash grab under the guise of public safety. It's just not worth it to your bottom line to ever take the chance.

THIS!!

I'm sorry, I generally don't have a problem with authority and following the laws, but this kinda crap drives me fuggen nutz.

It's a cash cow for the counties too. DUI=$ period!

This whole guise of "protecting" people from the menace of drunk drivers is an abomination. It's a lie. The police want $, the public officials want $, the state wants $...

Listen, if your drunk, don't drive. But don't tell me that its about "protecting" the community when someone like Bronconia gets reemed by the law. It's about cops over enforcing in order to generate money. And, the system backs the cops up.

Arkansas Bronco
01-10-2010, 03:22 AM
Bronconia I still stand behind ya but almost every construction site speeds drop 10-20 miles a instant and around here fines double in work zones. Your guilty as hell of speeding but not a dui or under the influence if thats all you had. Tip you see a work sign slow the @@@@ down.

RhymesayersDU
01-10-2010, 06:19 PM
I've posted this before, but it bears repeating. This is a law school lecture about the fith amendment, and it really made an impression on me.

<object width="480" height="385"><param name="movie" value="http://www.youtube.com/v/6wXkI4t7nuc&hl=en_US&fs=1&"></param><param name="allowFullScreen" value="true"></param><param name="allowscriptaccess" value="always"></param><embed src="http://www.youtube.com/v/6wXkI4t7nuc&hl=en_US&fs=1&" type="application/x-shockwave-flash" allowscriptaccess="always" allowfullscreen="true" width="480" height="385"></embed></object>

I posted that link (very informative, BTW) on another board and got the following in response. It's about interactions with police when being pulled over for speeding, etc. This YouTube account "FlexYourRights" has a TON of stuff posted like this.

<object width="425" height="344"><param name="movie" value="http://www.youtube.com/v/yqMjMPlXzdA&hl=en_US&fs=1&"></param><param name="allowFullScreen" value="true"></param><param name="allowscriptaccess" value="always"></param><embed src="http://www.youtube.com/v/yqMjMPlXzdA&hl=en_US&fs=1&" type="application/x-shockwave-flash" allowscriptaccess="always" allowfullscreen="true" width="425" height="344"></embed></object>

Mr Chatterboodamn
01-11-2010, 12:04 AM
CARELESS DRIVING!!!!

I got to the courthouse, judges were at a conference and I was the only one there, so the DA asked me to step in his office. He told me that basically, since I'd blown below the minimum, they didn't have enough for any kind of conviction (used some french term, can't quite remember), and DROPPED the DWAI and speeding charges. The plea he offered was a level 2 (the lesser of the two) Careless Driving!!!!!

WOW!

So, thanks to everyone who contributed...I didn't have to end up bargaining, begging, or anything. Just signed some paperwork, and have to go back in on monday when the judge returns so I can get properly sentenced...at that point in time I'll find out exactly what kind of fine goes along with the 4 point violation (won't be over $300, and DEFINITELY less than a DWAI would have been).

BIG THANKS to Raiderh8r and Mr. Chatterboodam, you guys gave me some excellent points and guidance.

and p.s., I asked the DA about the weight/drink ratio...he told me that it's not ILLEGAL to drink and drive, you're not technically impaired below the .05, which is a major part of the reason my charges were dismissed.

REGARDLESS, it's a stupid idea to drink and drive, and I won't be doing it again.

I'm extremely fortunate and thankful for the outcome of my case, and wanted to say thanks again for all the help.

cheers,

cory

Awesome Cory! It was nice talking to you, sounds like it worked out even better than we hoped.

Boobs McGee
01-11-2010, 10:31 AM
Awesome Cory! It was nice talking to you, sounds like it worked out even better than we hoped.

Definitely!! Thanks again for the time and research chris!

I'm actually going in today for the OFFICIAL sentencing (friday, the judge wasn't there, so I signed the plea but have to go back in a couple hours to find out how much I'll owe), and I'm going to ask about the detox costs.

I'm thinking, since they concluded that I wasn't intoxicated enough to make a conviction, that I might be able to apply the $300 I spent on detox (where I was completely sober just hours after being checked in) to my ticket.

I dunno if it'll work or not, but I figure it couldn't hurt to ask.

Anywho, THANKS AGAIN!!!

Cito Pelon
01-11-2010, 11:00 AM
Couple things Cito.

First off, I ALWAYS put the cruise control when I'm on c470. In fact I use it pretty much anytime I'm on a highway, and ESPECIALLY at night.

As far as your previous post, I'll paint a little picture for you.

Winter's night? It was a normal, kind of warm, friday evening. No snow on the ground.

C-470 is a 4 lane highway here, and for about the last year and a half they've been doing construction along various parts of it, MOST of which has been within about 5 or 6 miles of my house. I drive this highway every day, in both directions, at some point. You're correct in your assumption that there are big orange reflective signs everywhere, but, there aren't always speed limit changes. Often times, there are just signs letting you know you're coming into a construction zone, and to take caution.

I had been through the area TWICE that day already, and there weren't any construction zone signs up yet. There WERE signs stating that there would be a construction zone through the area this weekend, and I took note. I'll say again, on this particular stretch of highway construction zones have been going up off and on for the last year and a half....so nothing out of the ordinary.

When I was coming back from the bar, I noticed construction zone signs, stating that there was now a zone in effect, but didn't see any kind of changed speed limit signs. when the lanes merged down into one, and I saw the state trooper, I didn't think anything of it, just probably a speed trap kinda thing.

Another point to add, while I was being arrested, one of the officers went up the road to talk with the construction guys in regards to the safety of my car. He reported back to me that my car would be safe for TWO DAYS, because they weren't even close to getting to my area yet.

So, while it's VERY POSSIBLE there were signs up that I missed, it's also possible that the construction crew hadn't set them up yet that far down the road.

As far as my level of sobriety, well, I dunno what to tell you. If you read my op, it was 4 beers in roughly three hours, not four.

I live in Littleton, so I know a few things. And I think you're probably a big problem on the roads.

With all due respect, anybody stupid enough to close a bar down then just assume everything will be ok setting the cruise control at 65 and blast through construction zones at 0100 is a problem.

And then be all excited because they beat the rap.

Boobs McGee
01-11-2010, 11:09 AM
I live in Littleton, so I know a few things. And I think you're probably a big problem on the roads.

With all due respect, anybody stupid enough to close a bar down then just assume everything will be ok setting the cruise control at 65 and blast through construction zones at 0100 is a problem.

And then be all excited because they beat the rap.

Probably a big problem on the road?

If you want to go ahead and assume, be my guest.

There's nothing wrong with setting your cruise control and "blasting" through a construction zone, no matter what time of day it is. Do you need to be aware? Yes. There's a reason I've only received a couple tickets in my driving career, and it's not because I'm Lucky.

And yes, I'm excited that the court system ruled in my favor, don't see what the problem is there.