While debate rages in the thread I posted about Marijuana v Alcohol, here's an interesting alcohol-related video
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HAHAHA!! No test=no evidence to convict for a DUI.
Suspended license for one year for refusing the test. If know that you will fail the test, refusal will save you from a DUI conviction.
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ICQ #378-696-435 / / Skype: JustDaveXxx
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Unfortunatly, dave, you are wrong.
That was filmed in Broward County, Florida.
This snippet was from last weeks newspaper:
"Florida is among several states now holding what are called "no refusal" checkpoints. It means if you refuse a breath test during a traffic stop, a judge is on site, and issues a warrant that allows police to perform a mandatory blood test,"
Here is a link to the story:
http://weblogs.sun-sentinel.com/news...nts_cou_1.html
What ever happened to the fifth amendment right of not being forced to incriminate yourself?Comment
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let em tell you how you get around that..
you tell them that you are not refusing the test but that you want to speak to counsel first..
they cant do anything to you if you are not provided the opportunity for counsel..
in any case that this has been tested, the charges were dropped...
most cops will lose their patience and violate your rights..
and since almost all police cars have cameras, it will all be recorded..
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Dave is right, i have not seen a mandatory no refusal checkpoint before. However like he said,
you have 2 options
1) you blow over, congrats, you are going to jail for the night, 5000 dollar find, car impounded, losing license for a year and a shit ton of lawyer fees, not to mention a criminal record for DUI.
2) you refuse the test AND the roadside test etc. You go to jail, you lose your car for a year, that's it. No Fine, no lawyer fee bullshit, none of that. You go apply the next day to the DMV and say you need your license to get to work, you get a hardship license.
My advice, keep a portable breathalizer in your car, if you get pulled over, blow it and know your options, Dont guess.
I've been with police maybe 20 times when we pull over drunk people, every single time, the cop already knows your drunk, the more shit you do, your just incriminating yourself more.Comment
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"Close yo muthufuckin' eyes!"
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hit me up on icq 154206276 or Skype: JaimeGizzleComment
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Don't get yourself in that situation to begin with,take a fuckin cab,only a total idiot will drink and drive these daysComment
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when in doubt, refuse
better yet, dont drink and drive!Comment
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I am not a lawyer, nor do I claim to be one, but if there is a judge on site, and he issues a warrant for blood, wouldn't that in itself make it quasi~legal?
On a side note, this probably wouldn't happen to me as I don't drink.Comment
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It all depends on the state laws but I think almost all have implied consent for testing. If you refuse you may have a chance if you spend some attorney jack. If you are convicted though your penalties often double normal. They are also increased in many states if you blow over a .15 or something.
If you are pretty sure you are under blow. If you are ass-hammered don't blow. In between is a tough call. Like others said don't do it, get a cab, a designated driver or get a breath tester if you are gonna drink.Want a Sponsor that really PAYS?!?!?!?!
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Interesting read. But I don't think there is anything like that out in practice.
Im guessing if they are going to issue an instant warrant like that, you will be entitled to instant council.
I doubt this is true, but I will call my brother who is a criminal defense attorney in Miami-Dade county tomorrow and find out for sure.
You are right.
My brother told me this story and how his trial partner implemented it in an actual pull over situation.
You need to ask the officer, "Can I leave" or "am I being arrested" Usually the cop will tell you "no" to both then you tell him; "since i cannot leave and you are in fact detaining me, there for i am in custody. I would no like to invoke my right to council" .
You really want be a funny dick add this; "yea, im an adult webmaster and im kind of broke right now and i would like it if you provided me with council".
That is my my opinion whole hardily. To risk your life is one thing, but to be drunk and possibly get kill a family or a child is unforgivable.
A DUI is one of those things i can live my whole life and never get.
Smut Peddler Productions.com
ICQ #378-696-435 / / Skype: JustDaveXxx
"We shoot custom, exclusive content your way"Comment
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not something im proud of, but I have been charged with DUI 3 times in illinois, and 2/3 times I refused the tests which is suppose to result in a mandatory 6 month suspension no matter what, but the problem for the police on that is they need to prove probable cause.
Those 2 times they had a video, which was used in court so the judge could decide if they did have probable cause to think I was drunk. Knowing this, I did not do any of the road side tests so all they had on video was basically nothing, just me getting out of the car and politely refusing so that mandatory suspension was dropped.
The other time I did blow and blew over the limit which should mean I was fucked no matter what again. But a good lawyer will subpoena the maintenance records for the Breathalyzer which are require by law to maintained for a long period of time, i think 5 years in illinois, so them actually producing every single maintenance record is next to nil. Also, an expert witness can easily prove that Breathalyzers are inaccurate.Comment
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and another story on just how shitty the police are.
I was passenger in my friends car who got pulled over for a dui. The reason he was pulled over according to the police was for no seatbelt, but we both had seatbelts on. The cop testified under oath that from the rear he saw my friends hand reach well above his head to put the seatbelt on after in the process of being pulled over.
The problem with this pigs story was we were in a Ford explorer that has the seatbelt built in to the seat, thus impossible for the cop being able to see my friend reach for a seatbelt above his head.
His lawyer made the cop demonstrate exactly what he claimed to see. I was in the courtroom and I was so excited to see this asshole lie in open court, mostly because I knew what was coming next.
See, prior the trial, me and my friend completely removed the front seat of the explorer, to use as evidence that the cop was full of shit.
The look on the cops face was priceless when we carried in the actual car seat, which clearly showed that what the cop demonstrated was impossible. My friend did blow over the limit, but the whole thing was thrown out and I would assume to cop was disciplined.Comment
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must be canadian cops, they're too composed to be US cops.Comment
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excuse my ignorance.. but what does DUI stands for?Comment
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"I refuse to answer questions under the grounds that might uncriminate me!!"
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She wanted to make a professional video and is now going to beat his ass for ruining it.
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so he was in the passenger seat?
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My friend got pulled over for dwi about 10 years ago. He was pulled over because his car matched the description of another vehicle in the area they were looking for. My friend drove a red honda crx, the vehicle they were supposedly looking for and had to produce record of was a black chevy tahoe.
He won in court but the prosecuting attorney kept appealing and he had to keep going back. By the time he had missed so much work and paid lawyer fee's he wished he had just pleaded guilty at the end of it. Said it would have been cheaper and less time consuming.Have Chargebacks? Send me a message.
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I am not saying everyone should go do it. Some people react differently to alcohol and you need to be prepared for the worst. Fuck i feel terrible for Canadians. You have 1 glass of anything and if you dont wait 2 hours, you are going to blow over the bullshit .05 limit.Comment
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