Home Forums Hunting & Shooting Hunter's Campfire DUI advice for my daughter

The 24hour temperance bytches attack again

Operating a vehicle under the influence on private property is a crime in Iowa.

I have defended many DUI cases. In most cases taking the breath test is the best course of action. Those tests can be attacked and impeached in many ways and once a jury hears the truth about how they operate many jurors distrust the results. Impeached tests usually results in a not guilty verdict.

Very few officers will have knowledge of the drinking driver detection standards mandated by the NHTSA. Most officers are not properly trained in administering field sobriety tests. Most will admit there are many other causes for the how the citizen appeared or acted that are not related to consuming intoxicants. Most will admit they did not attempt to determine any other reason for the manner in which the citizen was acting or appeared other than intoxication. Most are also lazy and all of their DUI arrest reports read like exact copies. Most of the time all the observed indicators of intoxication such as red, bloodshot, watery eyes can be explained by other causes. Even HGN results can be impeached with prepared cross examination. The one I use to attack with in most cases is slurred speech. I ask the officer if he has ever spoken to my client prior to the arrest. The officer will testify they have never met my client. Then how do they know my client's speech was slurred? Every field sobriety test are designed to make a citizen fail because they are stress positions no citizen ever performs and are performed at night in uncontrolled environments with bright and blinking colored lights affecting the person tested.

The jury will expect the officer to be perfect and if he made one mistake or has one inconsistency, and they all do, or if he embellished or lied or failed to include any evidence or observation favorable to the citizen at any point on his report or testimony the case will unravel. If the client is a responsible citizen, presents well and did not act like a jerk when they were arrested-most juries will give the citizen the benefit of the doubt.

Dash cam, officer cam and booking videos must be obtained and reviewed for events favorable to the client and to determine the level of intoxication of the citizen. A face plant getting out of the car is usually not going to help in defense of a case, but being cooperative, being able to follow commands, walking into booking without difficulty and answering officer questions all indicate a lack of intoxication.

A good DUI attorney can beat a drinking driving charge. However, it will be expensive and probably take the better part of a year to resolve at a trial. Cases with a high B.A.C., especially if supported by a blood test, are usually best resolved by a plea deal to a diversion program and a sentence that can be expunged in the future.

Nursing boards are usually fairly forgiving on first offense alcohol and drug charges.

Like George Thorogood? Nice 👌

This.

You want to give discretion on 6 miles ove rthe limit on a clear road, on rolling through a stop or blinker with no one around, or parking over the line, fine.

.02

He wasn't alone.

Definitely hire an attorney. They all have their resumes on-line, do a little research and find one who recently worked for the local district attorney, he/she will know their counterparts and the judges and that makes a difference.

So I would get myself a couple of colt45 tall boys 24oz and fill them with ice water, one in each cup holder. A 3rd in my hand and wave at the popo with the can when they drive by while mowing my grass. Stay in my yard, not even near the utility dedication setback. See where it goes.

Then know if you got a neighborhood prick. He’ll be the one the shîts on the Constitution to do the work of the brown shirts. Go ahead and identify the local zealots by name.

Looks like Iowa has been litigating your plan-
https://www.desmoinesregister.com/s...015/07/23/drinking-parking-car/30568813/

Pwn
What does a dui lawyer charge in your neck of the woods.
Generally, here it is $2500 retainer but some are charging $5000 Pretrial and another $5000 trial.

When i was 21 or 22 I got a DUI. I deserved it... I told the cop I fugged up, and I literally cried because I knew the negative implications it would have on my career. He was about my age as well... I remember him looking at me cry. He didnt come to court. I remember the judge and SA calling him over and over again to see where he was. My case was thrown out and charges dropped.

It still cost me thousands of dollars.... I dont know for sure or not, but I feel like he knew I had really learned my lesson.... maybe thats why he didnt come?

Either way, I never drove a vehicle intoxicated again. My wife is my desi at all times because she doesnt drink at all. I can honestly say it was a great learning situation for me and I corrected my self immediately. I know that a harsher penalty wouldnt have made any further positive difference for me, though warranted. I know that for others, even the harshest penalty doesnt prevent them from being repeat offenders however.

OP - do you really know the whole story? Theres her story, his story, and the facts.... the bottom line, she was behind the wheel of a motor vehicle while intoxicated.... lots of people die while doing that or from others doing that.... it is a serious crime, and it should be. Absolutely you should hire an attorney for her career alone.

Shes a nurse, who say the following in their creed “ I shall abstain from whatever is deleterious and mischievous”...

She needs legal representation... and pronto.


To the idiot that said to get an attorney asap to sue them.... hahahahahaha yeah, idiot covers it just fine... will probably be the dumbest thing I read all day, and being sick with the flu I will read a lot!

There are dumbfûcks on here that
1. Do not know how to click and open a link
2. Are afraid to open a link because of potential virus/malware

The conspiracy paranoia is strong on this mofo

I’ll copy and paste. (That’s also kryptonite for some too)

————————————-
A three-judge panel of the Iowa Court of Appeals ruled Wednesday that the state’s law banning open containers of alcohol in vehicles on “a public street or highway” doesn’t apply to privately owned parking lots or driveways.

That includes private spaces that are typically open to the public, including a fast-food restaurant’s drive-thru lane, according to the ruling.

The ruling in the case, State v. Brown, arose out of the Aug. 10, 2013, arrest of Lacey Rose Brown, 24, for marijuana possession.

Three Des Moines police officers searched a vehicle Brown was in without a warrant after spotting an open Mike’s Hard Lemonade container in the center console, said Sgt. Paul Parizek, a police spokesman. The car was parked in a downtown lot near the Court Avenue entertainment district.

The officers found a half-smoked marijuana blunt under Brown’s seat. A defense lawyer tried to get the evidence thrown out of court, arguing that having the alcoholic beverage in the vehicle didn’t violate Iowa law.

A judge ruled against the motion to suppress, and Brown was convicted.

But Iowa’s open-container law applies only to streets or highways “open to the use of the public, as a matter of right, for purposes of vehicular traffic,” Chief Judge David Danilson wrote in the Wednesday ruling.

Motorists have no right to use a private lot, even if they have the implied permission of the owner, he wrote.

“The statute prohibiting open containers was inapplicable to Brown, and the officers did not have probable cause to search the vehicle,” Danilson wrote. “Without probable cause ... the officers’ warrantless search was unreasonable.”

Lol... did you actually read that article? That litigation from 2015 isnt related to this other than its in Iowa and involves cars....

Please post the police officer’s report and videos when you get them. Go ahead and fight it, but I’m willing to bet a friendly little wager that the officers story differs significantly from the story your daughter told her daddy.
Should be a good lesson there for all of us on seeing both sides of a story before jumping to conclusions especially when our first reaction is”that’s chickenshït!”.

That being said, I did get my DUI from a cop that watched me pull out of a bar, I blew a .11 just months after Montana dropped to .08. At first I felt it was a BS arrest too, but I was long deserving of it for all the times I had gotten away with near black out drunkenness behind the wheel.
And it forced me to straighten up. Did set me back a little bit I moved forward from it as I matured.

Well she has 2 choices. Either the copper or hormonal IUD . Both have their advantages and disad... Wait ...
Never mind.

I did read the article, you missed the sentence that says dui can be enforced on private property as well as slumlords reference to getting drunk in his front yard.

At least you are not dyslexic.

finally

Hell I guess I’ve been damn lucky. No Doowees and not even a speeding ticket.

My creed: always take the back roads, run the side streets, do not speed, turn the bass down at lights, make sure all my lights and shît were tip top.

I even had 5% tint on all my windows.

I was a firehead everyday for 10 yrs, had a ‘foty oz in my lap every day leaving a framing or roofing job.

I'm sure you were a nun at 22.