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cowman Offline OP
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Got a call from my daughter last night from the local police station. She had been picked up for DUI and was asking my advice if she should give consent for a breath test at the station.
Ten minutes before that her husband called me to let me know there was trouble. Apparently a group of young married couples had supper at their house, enjoyed a fire at their firepit and walked to a local establishment for a nightcap. The bar/restaurant they walked to was about 8 blocks away. On the way back, according to him, she had ran the last block and was going to act like she was going to pick up the stragglers. She hopped in his truck(parked on their driveway) and started it backing it down to the street when lights came on. The local cop was watching and arrested her for OWI.
I advised her to take the test at the local PD as refusal to take it is a years suspension of your DL . I did tell her to request a blood test, as she was arrested at 12 am and the test would not be taken until roughly 2 am by the time the PO made it to the county jail/hospital.
Spent a sleepless night waiting for their call. The stupid thing was getting behind the wheel, but we all make mistakes. In my opinion, the local cop could have made a judgement call and told them to go back to the fire. However he did not.
She is 22 and a top notch nurse in our community. Her and her husband work their tails off at their jobs and are good kids.
I would like to help them out, any advice? Hire attorney and try to plead it down? Thanks

Last edited by cowman; 03/07/20.
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She needs a good lawyer.

The cop in that case was a shickenchit. But she still needs a good lawyer.


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Absolutely hire a GOOD attorney and try to plead it down with something like first time offender go to some AA classes etc.

I'm not a nurse nor do I live in IA but they'll want to see if the DUI could possibly put her nursing license under fire/revoked.

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#1 Don't get one.

Here it is about the money. You can get all of the jail time suspended but they want their money. We get hammered hard for things like DWI, speeding, seat belt, window tint, yet the drug dealers, pedos and thieves walk free.


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Sounds like the local cops here years ago. They'd sit watching for some kid peeling out of the Jerry's, while the real criminals were at work elsewhere.

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Originally Posted by rockinbbar


The cop in that case was a shickenchit.


Yeah, Good point.

Best to just let them drive around drunk.

Is this just because she is female or because her dad posts on the Fire? Or because when she isnt driving under the influence she is a good nurse?


Originally Posted by Archerhunter

Quit giving in inch by inch then looking back to lament the mile behind ya and wonder how to preserve those few feet left in front of ya. They'll never stop until they're stopped. That's a fact.
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Private property?

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sounds like she was still in the driveway when he stopped her?
If so he gave her a break, this will be tossed and she will learn a huge lesson.
still cost you low thousands, I am sure.

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cowman Offline OP
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Yes private property, on their driveway

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Her nurse license may be at risk. I imagine a good lawyer could horse trade the charges. They just want a conviction and money, I doubt they want to ruin a nursing career. Hopefully this is a lesson, and better than an accident. Sometimes good to have a wake up call early in life.

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Never take the test if you think you are close
‘In any event get the best dwi lawyer you can find.
Where in Iowa?

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Originally Posted by Crockettnj
Originally Posted by rockinbbar


The cop in that case was a shickenchit.


Yeah, Good point.

Best to just let them drive around drunk.

Is this just because she is female or because her dad posts on the Fire? Or because when she isnt driving under the influence she is a good nurse?



No.

But officer discretion can be used...

I don't know how many folks I gave a ride home or let a friend take them home, rather than arrest them for DWI and ruin their career or life. (Both male and female, but mostly young men) The threat of the reality of that happening was enough that I never had problems with any of them again.

Just because it can result in an arrest doesn't mean it SHOULD every single time.

I had a hard time writing a ticket when a warning would serve the situation just as well too...

The case as presented was a prime example where officer discretion would have had a positive effect.


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Fight it, but if it is like here it will be expensive!


Mark Begich, Joaquin Jackson, and Heller resistance... Three huge reasons to worry about the NRA.
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I believe that traffic laws do not apply on private property. I think she can get the case thrown out. Very zealous Iowa policeman there.

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Very expensive in Iowa. The alcohol limits have went so low these days....it is about revenue. Never had one...#2 son does court-appointed legal work, outside his normal estate/tax/property work.

While I hate big govt passing new laws......on the drive down here to Florida, sometimes wish there were texting laws as severe as DWI.

Clearly half the drivers are on their phone.....and accidents with stopped traffic are getting out of hand.

Way more danger, every hour of the day.


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I was driving the Big Rig over the road for years. A dozen times a day I saw someone doing something really stupid, like going 55 in the left lane of the interstate where the limit is 70, or swerving badly etc. 9 out of 10 of these dangerous drivers were texting on the damn Iphones. Texting while driving is as bad as drunk, or even worse.

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Got no sympathy for folks who drive drunk.

This will be a good life lesson for the girl if you let her learn it.

It will likely cost her thousands of dollars. Fortunately it didn't cost anyone else their life.


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Originally Posted by MIKEWERNER

Clearly half the drivers are on their phone.....and accidents with stopped traffic are getting out of hand.

Way more danger, every hour of the day.


see this constantly here in Tidewater. weaving around, using 1/2 lane on either side of the one they SEEM to be actually wanting to use. I pray each morning for myself and all family members to make it safely to , and home from work.

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A good lawyer is always a good idea.

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What was the BAC? She should have taking Breath, blood usually comes back higher.

An experienced drunk can kinda Ph uck with an intoxilyzer. Lawyer up, they will plead to reckless or some chit, unless your in Williamson county Texas.

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