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
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
I have seen convictions here for operating tractors and lawnmowers while intoxicated. On private property. Following injuries that required ambulances.
The DUI log skidder was a fatality, on road. At 3am.
No sympathy for the driver in that one. His wife was the victim.
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.
Yeah, they do apply.
Depends on the state, but usually, if you are drunk and in control of a motor vehicle, on the street, or private property, you can be arrested. The charge may not be DUI/DWI, but may be "In control of a motor vehicle while impaired".
Several years back my brother had spent a Sunday afternoon on a lake fishing with some buddies on a friends boat.. There were a few beers consumed. He jumped out on the dock and backed the pickup and trailer down the ramp to load the boat. About 50 yards at 5mph. While they were winching the boat on an officer showed and made him blow into the thing. Brother really thought he would pass, but he was just over the limit.
Being a professional OTR truck driver, it was a big deal. He got an attorney and never had to miss any work time, But it cost a lot and was touch and go for a while.
So is the cop supposed to be a mind reader to know exactly what her intentions were. Suppose she backs out of the driveway into the path of a busload of children. If the cop just watched it happen everyone would be all over him for not doing more. Cops can't win no matter what they do. Drunk driving is drunk driving no matter where it is.
I knew a cop that would sit and watch the drunks walk out of a bar, obviously intoxicated. He would wait until they got in their car and start it before arresting them.
Thus they were charged with DWI vs being charged with Public Intoxication if he'd arrested them before getting in the car.
Good lawyer, fight it hard. Private property, not on the public street should help with over zealous cop trying to make an easy score.
Nursing Boards generally have little tolerance for such. Must clear the record. Lot to lose.
Gonna cost some serious money, but worth it considering the professional ramifications
Good luck. Let us know.
This^^^
Get the best lawyer you can find and fight it for all she’s worth, you’ve gotta keep it off her record. It’ll have professional repercussions all her life if you don’t.
The good thing is it’s all about money, the state wants a lot of it and if you throw enough at it it’ll go away. It’ll be painful and costly though.
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.
I do have some sympathy for the nurse in this case but remember that she chose to put herself in that situation.
Early in my career in law enforcement I responded to an accident involving an intoxicated driver. I don’t remember all the details anymore but there is one thing I never forgot. I held a sobbing 4 year old girl who had most of her scalp cut off in my arms while waiting for paramedics.
The intoxicated driver wasn’t a bad person, was probably well liked but made a bad decision. The 4 year old suffered the consequences of that decision. It’s only right that the driver also have some consequences.
After that, I never had a problem arresting intoxicated drivers.
Good lawyer, fight it hard. Private property, not on the public street should help with over zealous cop trying to make an easy score.
Nursing Boards generally have little tolerance for such. Must clear the record. Lot to lose.
Gonna cost some serious money, but worth it considering the professional ramifications
Good luck. Let us know.
DF
Got a guy busted for drunk driving, cops blocked him in on the driveway of a taco bell. They didn't see him drive on the street. Heard later in the day his etoh was .38
This is ALL about the money. Money for the .gov and money for the defense atty. Pay, pay, pay and she might get off "light". Pay some more about 10 years down the road and, depending upon the state, she may be able to get it expunged. But in this day & age, having a DUI on record won't hold her back from much unless she wants a CDL.
ETA: See if she can get a work exemption for her DL suspension.
I knew a cop that would sit and watch the drunks walk out of a bar, obviously intoxicated. He would wait until they got in their car and start it before arresting them.
Thus they were charged with DWI vs being charged with Public Intoxication if he'd arrested them before getting in the car.
DWI = Thousands of dollars.
PI = $100 fine.
Go figure.
While sitting in front of a bar waiting is reminiscent of shooting over a baited field, it is good police work, IMO.
Sat on a jury where the accused was inside a 7-11 when stopped by cops. It was very cold out. He said he was waiting for a cab and left his car at the 7-11 while drinking at the bar next door. Witness claimed he drove, but her testimony was shaky. She had just thrown him out of the bar for puking all over the place...
Cops never felt the block to see if it was ice cold or slightly warm. He was convicted. I was drawn as the alternate at the end and did not get to discuss the case with the others...
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.
I have seen convictions here for operating tractors and lawnmowers while intoxicated. On private property. Following injuries that required ambulances.
The DUI log skidder was a fatality, on road. At 3am.
No sympathy for the driver in that one. His wife was the victim.
Had a friend arrested for having a open container of beer open while mowing his back yard. He got the cop back by filming him at a bar and driving drunk, cop lost his job.
Top notch nurses and people who work their tails off should be allowed to drive intoxicated. I guess by fire logic if she was black and on welfare she should be in jail.
OP, I feel for your daughter. People make mistakes. No one condones drinking and driving but most of us (that drink alcohol) at some point made a foolish decision to get behind the wheel when we shouldn't of. This mistake will change her life forever, just glad no one was hurt. Find a well established attorney in the local area who has been practicing a long time. They often have connections to help them plead it down. Again, its going to cost her.
Top notch nurses and people who work their tails off should be allowed to drive intoxicated. I guess by fire logic if she was black and on welfare she should be in jail.
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.
I have seen convictions here for operating tractors and lawnmowers while intoxicated. On private property. Following injuries that required ambulances.
The DUI log skidder was a fatality, on road. At 3am.
No sympathy for the driver in that one. His wife was the victim.
Had a friend arrested for having a open container of beer open while mowing his back yard. He got the cop back by filming him at a bar and driving drunk, cop lost his job.
I used to enjoy a beverage while mowing. Then one day, it dawned in me as I was making the first pass by the state highway. This is illegal, and there are 4 or 5 state cops that live within a mile of here. And all but one have to drive past me. Their being neighbors was probably what saved me.
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.
Apparently Iowa DWI Laws also covers private property? That would be one thing to find out, was it legal for the police to charge her in her own driveway?
In some states DWI and other vehicle violations can only be charged in a PVA ( Public Vehicular Area) or on a street or highway. Not that I would do this, but in my state if I want to drink all day long and drive my vehicle on my property there is not a darn thing I can be charged with. If I drive up my drive way, sideways in a reckless manner, so be it, I can't be charged with reckless driving. Traffic laws in this state is based on PVA, streets and highways. There are some laws that cannot be charged in a PVA in this state. Most everything goes on a street or highway though.
A good attorney in the field of DWI defense will cost money. But the long-range implications for your daughter will be greater. The traffic stop in my view, if correctly described, lacked probable cause regardless if she was on private property or a public parking lot. But you need to know the laws in your state. DUI arrests usually involve a criminal component and a civil component (the breath test question). When I testified on the stand in my DWI cases, the more probable cause I had made the case stronger. The jury wants to hear the facts as to why the officer made the stop. Make sure the defense attorney gets the transcript of the officer's conversation with the dispatch center. Without discussing the case with a competent attorney, you can't make an educated decision. Throwing yourself at the mercy of the county attorney is a gamble. One bad decision can lead to long-lasting consequences. Good luck.
the bigger concern for OP’s daughter is going to be that nursing license. Here in Texas a dwi wont get the medical license suspended but it will often trigger a review by the nursing board as to whether there are any addiction issues. From what it sounds like she would be ok on that but it wouldn’t be fun. Get her a good criminal lawyer but also have her to talk to a lawyer that deals with the medical Board discipline so that knows going in what effect different outcomes in the dwi could have on her nursing license
If she was truly on private property there should be no issue..if she didn’t say much the defense would be just clearing the driveway near the garage door. No intent to drive out.
When you get an attorney get one that has a record of winning against DUI charges. There are plenty who will take your money and don't want to go to the trouble to fight the probable cause for the stop. Public defenders are terrible about pleading defendants guilty. Even if you lose in the first court the probable cause may be thrown out in the next step. Our town probably has 60 attorneys but there aren't more than 5 I would hire for a DUI case. In this state even if she were convicted on 1st offense it would be fairly easy to go through the process to have it expunged.
Funny how many here are quick to blame the cop and the "victim" here is someone who chose to drive drunk.
What if the cop hadn't stopped her in the driveway and just a block down the road she hit and killed someone? The cop might have prevented that, but he's the bad guy? Get real.
She brought this on herself. Lawyer up and learn from it.
Funny how many here are quick to blame the cop and the "victim" here is someone who chose to drive drunk.
What if the cop hadn't stopped her in the driveway and just a block down the road she hit and killed someone? The cop might have prevented that, but he's the bad guy? Get real.
She brought this on herself. Lawyer up and learn from it.
How could the cop tell she was drunk in the driveway unless he observed her intoxicated before she got in the vehicle?
If she was such a danger to the public, you'd think he would have intervened before then?
Got charged with "DUI by Allowing" after desert storm. Little gem Montgomery county passed right before the 101st returned from desert storm as a revenue maker.
Met a chick at a bar. Let her drive my truck to a hotel, was gonna rail the fugg outta her for sure.... Got pulled over. Truck got towed She got charged for DUI I got charged DUI for allowing.
We both went to Montgomery county jail. Bailed myself out after 8 hour sleep off. Got truck outta tow yard.
Got a Lawyer. Slumlord knows who he was. Dude got disbarred eventually. Think better call saul with a huge coke habit. Lol!!!!
Spent about 14 months in and outta court stuff. Bout 2600 bucks total between lawyer and court fees. Reduced eventually to public Intox 150 buck fine 50 hrs community service which I did at Pratt Museum on Ft Campbell limbing all the trees around the Aircraft display and cleaning the wpns and displays on exhibit inside.
Got to dissassemble, clean and reassemble some pretty cool wpns Bout the only positive thing from the entire thing aside from learning that cabs are the way to go and way less painful on your wallet.
Did she say she was drunk? I must have missed that. We don't KNOW that she was drunk and neither do you.
Blood test results will tell if she was within legal limits.
Anyway, even if she was within legal limits, her case is probably a loser. Spend a lot on the lawyer, get sentence reduced in proportion to $$ spent on said lawyer.
Funny how many here are quick to blame the cop and the "victim" here is someone who chose to drive drunk.
What if the cop hadn't stopped her in the driveway and just a block down the road she hit and killed someone? The cop might have prevented that, but he's the bad guy? Get real.
She brought this on herself. Lawyer up and learn from it.
How could the cop tell she was drunk in the driveway unless he observed her intoxicated before she got in the vehicle?
If she was such a danger to the public, you'd think he would have intervened before then?
Common sense.
A drunk person minding their business in their yard is one thing, that same person gets behind the wheel, even in their own driveway is another. This post sums up why cops are screwed, damned if they do and damned if they don’t.
How could the cop tell she was drunk in the driveway unless he observed her intoxicated before she got in the vehicle?
If she was such a danger to the public, you'd think he would have intervened before then?
Common sense.
A drunk person minding their business in their yard is one thing, that same person gets behind the wheel, even in their own driveway is another. This post sums up why cops are screwed, damned if they do and damned if they don’t.
That post points out that officer discretion is a valuable tool.
Lost my aunt to a drunk driver years ago. I have no sympathy for anyone who drives intoxicated. That includes driveways. I'm sure the officer who did not show any discretion has seen his share of worst case scenarios.
Our sheriff addressed our Rotary Club years ago and concluded his remarks by saying "If you shoot a burglar and drag his body in the house, I'll help you out. You get pulled over for DUI? I dont know your ass...". He got an ovation.
Yeah, this post also points out the version of events told by a intoxicated, scared woman who is in trouble. There’s another version seen by the cop. No one on this thread has anything beyond 1% of the information of the situation but is happy to condemn one party or the other. Bottom line is get a lawyer, learn and move on.
Funny how many here are quick to blame the cop and the "victim" here is someone who chose to drive drunk.
What if the cop hadn't stopped her in the driveway and just a block down the road she hit and killed someone? The cop might have prevented that, but he's the bad guy? Get real.
She brought this on herself. Lawyer up and learn from it.
How could the cop tell she was drunk in the driveway unless he observed her intoxicated before she got in the vehicle?
If she was such a danger to the public, you'd think he would have intervened before then?
Common sense.
Common sense is not driving if you've been drinking.
Lost my aunt to a drunk driver years ago. I have no sympathy for anyone who drives intoxicated. That includes driveways. I'm sure the officer who did not show any discretion has seen his share of worst case scenarios.
Our sheriff addressed our Rotary Club years ago and concluded his remarks by saying "If you shoot a burglar and drag his body in the house, I'll help you out. You get pulled over for DUI? I dont know your ass...". He got an ovation.
Funny how many here are quick to blame the cop and the "victim" here is someone who chose to drive drunk.
What if the cop hadn't stopped her in the driveway and just a block down the road she hit and killed someone? The cop might have prevented that, but he's the bad guy? Get real.
She brought this on herself. Lawyer up and learn from it.
How could the cop tell she was drunk in the driveway unless he observed her intoxicated before she got in the vehicle?
If she was such a danger to the public, you'd think he would have intervened before then?
Common sense.
Common sense is not driving if you've been drinking.
Depends on whether you think arresting someone or stopping them from driving while drunk is more important. If it really happened the way OP said and cop was watching her before she got in the car he easily could’ve hit his lights to get her attention, told her not to be stupid and to go into the house before she got into trouble
A drunk person minding their business in their yard is one thing, that same person gets behind the wheel, even in their own driveway is another. This post sums up why cops are screwed, damned if they do and damned if they don’t.
That cop isn't screwed if she fights the case and wins. He stopped her from driving that night. He got paid for his work. He will get paid to go to court and testify. After 20-30 years he will retire with a good pension. She is out a bunch on the deal win or lose and hopefully learned a lesson. I never minded it when I charged someone with something and they hired a lawyer. Didn't cost me anything and I would rather answer a lawyer's questions on the stand than some private citizen asking stupid questions.
Funny how many here are quick to blame the cop and the "victim" here is someone who chose to drive drunk.
What if the cop hadn't stopped her in the driveway and just a block down the road she hit and killed someone? The cop might have prevented that, but he's the bad guy? Get real.
She brought this on herself. Lawyer up and learn from it.
How could the cop tell she was drunk in the driveway unless he observed her intoxicated before she got in the vehicle?
If she was such a danger to the public, you'd think he would have intervened before then?
Common sense.
Common sense is not driving if you've been drinking.
Depends on whether you think arresting someone or stopping them from driving while drunk is more important. If it really happened the way OP said and cop was watching her before she got in the car he easily could’ve hit his lights to get her attention, told her not to be stupid and to go into the house before she got into trouble
I understand your point, but that perspective is taking all responsibility away from her and putting this on the cop. Bottom line, she shouldn't have got in the car.
Also, how is the cop to know how many times she's done this before? Generally when a person is busted for a DUI, they've gotten away with it many, many times before.
Getting a DUI on private property - what a bunch of bulls-hitt , it's no wonder this country is going to hell - people will gladly let the law/courts railroad them
And OMG if someone is doing something that they don't do - oh hell yes arrest them and pry 20K out of them for the state and lowyers . .
If someone is mowing their lawn and a cop decides to stick his nose in their business - they should be able to tell the cop to get the F off my property - then do whatever it takes to get him off your property . Can't even imagine what our forefathers would think about the dumbfks who think this stuff is ok - SAD -VERY SAD place this country has turned into .
The Iowa Department of Transportation only looks at prior drunk driving license suspensions within the past 12 years to determine if the current charge is a 1st, 2nd or subsequent offense. Zero tolerance (.02) offenses count!
Under Iowa laws, any person found to have been operating a motor vehicle while intoxicated by failing a sobriety test or refusing to submit to a sobriety test must complete a mandatory drinking and driving course.
OWI First Offense Serious Misdemeanor
Jail sentence of up to 1 year in jail but no less than 48 hours; fine of up to $1,500 but no less than $1,250 plus 32% surcharge, court costs and $10 DARE surcharge; Substance abuse evaluation; drinking drivers course; restitution (if any).
An individual with an alcohol concentration under .15 when no accident resulting in bodily injury has occurred and no prior deferred judgment for OWI may be eligible for a deferred judgment which avoids jail time but still results in a $1,250 civil penalty, court costs; substance abuse evaluation; drinking drivers course; restitution; and probation for up to 1 year. Misdemeanor Convictions
While misdemeanor convictions do not pose nearly the issues that felony convictions pose, they often have devistating effects on a person’s life. Employers often run background checks, and when they do a misdemeanor is a criminal offense that will show up in the final report. Additionally, a misdemeanor can cause issues with obtaining clearances such as a security clearance or a child care center license particularly if the misdmeanor offense involved any violent or sexual crime.
Collateral Consequences Frequently Asked Questions Will I Lose My Job?
There is no clear cut answer to this question as Iowa is a “work for hire” state, meaning that an employer does not need a particular reason to fire an employee so long as termination is not based upon a discriminatory practice. Every employer is different and has different policies when it comes to retention of employees that have been convicted of a criminal offense. Those who make a living driving a vehicle, especially commercial vehicles, are most likely to see adverse employment consequences from a DUI conviction.
Is a Deferred Judgment a “Conviction?”
No. A deferred judgment in Iowa is not considered a criminal conviction for purposes of criminal history checks. HOWEVER, many times employers will hire out of state companies to do background checks who do not understand or know how to read Iowa criminal history reports. If a person is required to sign an authorization to obtain their ARREST record, they would be well advised to check “no” on the conviction question but to none-the-less disclose that they received a deferred judgment simply so the potential employer knows that the individual is being up front and honest with them. How Long Do I Need SR22 Insurance?
Two years. How Long Will a DUI Affect my Insurance Rates?
Every insurance company is different on what they consider and how far back the will look to determine applicable insurance risks and corresponding rates. The general rule of thumb though is that a conviction for DUI will adversely affect a person’s “insurability” through various insurance companies for approximately seven years. Will a DUI Conviction Affect My Professional Licensure?
Operating While Intoxicated (DUI) charges is the one criminal offense that impacts the widest range of socioeconomic classes. Whether it be doctors, lawyers, accountants, CEO’s, business leaders, financial advisors, nurses, teachers, contractors, or other well-employed professionals, no one profession avoids the glare of law enforcement lights better than any other. One question that is often brought up when a professional is charged with Operating While Intoxicated is “what about my professional license?”
There is no quick and easy answer for this question as it depends upon each professions code of conduct and individual employment contracts. Ordinarily though, professional licensing regulations are only implicated in cases involving convictions for felony offenses, crimes of dishonesty, or substance abuse issues that directly impact or involve the professional’s job performance.
A first offense operating while intoxicated charge is NOT a felony, nor is it a crime of dishonesty or one that would ordinarily impact or involve a professional’s job performance. Obviously, if the allegations involve the operation of a company vehicle or occur during the course of performing employment duties, that is a completely different analysis. An ordinary operating while intoxicated, first offense, however, should not result in suspension or disqualification of professional licensing barring extenuating circumstances.
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.
Funny how many here are quick to blame the cop and the "victim" here is someone who chose to drive drunk.
What if the cop hadn't stopped her in the driveway and just a block down the road she hit and killed someone? The cop might have prevented that, but he's the bad guy? Get real.
She brought this on herself. Lawyer up and learn from it.
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.
I would like to help them out, any advice? Hire attorney and try to plead it down? Thanks
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.
Getting a DUI on private property - what a bunch of bulls-hitt , it's no wonder this country is going to hell - people will gladly let the law/courts railroad them
And OMG if someone is doing something that they don't do - oh hell yes arrest them and pry 20K out of them for the state and lowyers . .
If someone is mowing their lawn and a cop decides to stick his nose in their business - they should be able to tell the cop to get the F off my property - then do whatever it takes to get him off your property . Can't even imagine what our forefathers would think about the dumbfks who think this stuff is ok - SAD -VERY SAD place this country has turned into .
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.
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.”
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.
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.
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.
"Shes a nurse, who say the following in their creed “ I shall abstain from whatever is deleterious and mischievous”...
The Florence Nightingale creed for nurses. I never heard of that one. But I did work at a hospital for 14 years. Let me tell you, many of the nurses to not adhere to their creed. Nurses like to party.
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.
In this neck of the woods you can generally expect a DUI to cost your around 15 to 20K between lawyers, probation fee's and paying for classes....
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.
My mistake, I thought your were saying since the found you can sit in a car with it off and drink it was the same thing.
"Shes a nurse, who say the following in their creed “ I shall abstain from whatever is deleterious and mischievous”...
The Florence Nightingale creed for nurses. I never heard of that one. But I did work at a hospital for 14 years. Let me tell you, many of the nurses to not adhere to their creed. Nurses like to party.
And many spouses vow to “honor and obey”
Police agree to “serve and protect”
Lawyers offer “fairness, integrity, and civility”
And in most cases when anyone who takes these vows or speaks these creeds, is caught breaking them... they are then removed and no longer nurses, spouses, police officers or lawyers.
I got lucky as fugg I never got a DUI in the army when I was a young 20 something. Drove back onto Ft Carson thru Gate15 IIRC from the Springs. The Mp,s had probably set up a mile of Orange cones between the lanes. Woke up the next morning had chunks of orange cones in my wheel wells and orange cone streak impact hits all along my front bumper and rocker panels on my truck on the driver side
Wtf.... I had ta be targeting them on purpose..
Lol I geuss......
Before I had the run in with the honey baby dui by allowing chick from the bar.
I came in gate 4 at Ft Campbell late late one night. Drunk as fugg. MP,s waived me thru.
My dumb ass drives up in front of the old Division HQ Little cut across that leads into the old px parking lot
Right in front of the staff duty officer at gawd knows what AM. Rev up engine , dump the clutch and layed down a real nice patch of posi track rubber. Steak across the px parking lot. Got pulled over by 2 Mp,s by the power station. They took my keys , parked my truck. Gave me a ride to my barracks. Told me to sleep it off and we know you truck and name now SSG next time wont be good for your career..
Cops here arrested a farmer for operating his tractor in his field while intoxicated, it upheld by a higher court. Get a great lawyer and good luck.
But it's "a free Country" right ? You can do what you want on your own property that you bought and paid for and pay taxes on right ? What a fuugin joke. Cant build a shed in your own back yard without paying a fee and getting permission from the gov't. Can't own a dog without paying a fee {license}. Can't hunt on your own property without paying a gov't fee {hunting license}. Can't ride a four wheeler in your own yard without wearing a helmet. Can't exercise your second amendment right to bear arms and defend your life without a CCW. We're so used to being controlled in every way we've forgotten that we really aren't "free" at all. IT MAKES ME SICK !
Dave Ramsey calls expensed incurred by dumb behavior "Stupid Tax". She is about to pay a buttload of it. Some lawyers have a reputation for winning even slam-dunk cases (Johnnie Cochran in the O.J. Simpson trial, for instance). Find one, and pay him/her handsomely. When my brother took on the IRS and won, and then sued the agent who had roughed up his client's wife and took his house as part of the civil settlement, all he had to do was show up as the attorney of record in future cases, and the case got dropped, more than once. Find an attorney who strikes fear into the hearts of the prosecutor and the judge, and pay whatever he asks. Jerry
But it's "a free Country" right ? You can do what you want on your own property that you bought and paid for and pay taxes on right ? What a fuugin joke. Cant build a shed in your own back yard without paying a fee and getting permission from the gov't. Can't own a dog without paying a fee {license}. Can't hunt on your own property without paying a gov't fee {hunting license}. Can't ride a four wheeler in your own yard without wearing a helmet. Can't exercise your second amendment right to bear arms and defend your life without a CCW. We're so used to being controlled in every way we've forgotten that we really aren't "free" at all. IT MAKES ME SICK !
Gotta pay for them bennies some how.
Some of us thought "free country" meant "free schitt". This is what we get.
But it's "a free Country" right ? You can do what you want on your own property that you bought and paid for and pay taxes on right ? What a fuugin joke. Cant build a shed in your own back yard without paying a fee and getting permission from the gov't. Can't own a dog without paying a fee {license}. Can't hunt on your own property without paying a gov't fee {hunting license}. Can't ride a four wheeler in your own yard without wearing a helmet. Can't exercise your second amendment right to bear arms and defend your life without a CCW. We're so used to being controlled in every way we've forgotten that we really aren't "free" at all. IT MAKES ME SICK !
Gotta pay for them bennies some how.
Some of us thought "free country" meant "free schitt". This is what we get.
We pay plenty right out of our pay checks every week for the few "bennies" we get. Mostly it's other people who didn't earn it who receive the benefits as it is. I'm fed up with the "it's a free country" LIE right up to my eyeballs. Hell, we're so free we can't even buy lawn darts anymore. What a load of bullshyt.
This is ALL about the money. Money for the .gov and money for the defense atty. Pay, pay, pay and she might get off "light". Pay some more about 10 years down the road and, depending upon the state, she may be able to get it expunged. But in this day & age, having a DUI on record won't hold her back from much unless she wants a CDL.
ETA: See if she can get a work exemption for her DL suspension.
You haven’t faced nursing boards or nursing licensing authority.
This is ALL about the money. Money for the .gov and money for the defense atty. Pay, pay, pay and she might get off "light". Pay some more about 10 years down the road and, depending upon the state, she may be able to get it expunged. But in this day & age, having a DUI on record won't hold her back from much unless she wants a CDL.
ETA: See if she can get a work exemption for her DL suspension.
You haven’t faced nursing boards or nursing licensing authority.
They gotta fight this and hard.
Stakes are high.
DF
Especially at 22 y/o she is fresh out of nursing school
I love how so many on here act like Saints. Especially at 22 years old.
Yes. If the daughters story is correct, that was a chickenshit move by the cop. It's complete BS IMO.
I doubt that is the whole story though.
One word of advice, hire a good attorney but be wary of local. If it's anything like around here, the prosecuting attorneys and the defense attorneys are all in it together and the outcome of the case will be decided over drinks at their favorite watering hole. Hire an out of town attorney with a good reputation.
This is ALL about the money. Money for the .gov and money for the defense atty. Pay, pay, pay and she might get off "light". Pay some more about 10 years down the road and, depending upon the state, she may be able to get it expunged. But in this day & age, having a DUI on record won't hold her back from much unless she wants a CDL.
ETA: See if she can get a work exemption for her DL suspension.
You haven’t faced nursing boards or nursing licensing authority.
They gotta fight this and hard.
Stakes are high.
DF
Especially at 22 y/o she is fresh out of nursing school
I was curious about this and did some reading.... sounds like she needs two attorneys. One for the criminal court, and another who specializes in dealing with the nursing boards. It appears they will be notified themselves and send her a letter here shortly.
Id be beefing up really quickly if this is her true professional interest.
Young man who hit her was about a mile and half from his home, quarter mile from The Tavern. He never recovered from it. Committed suicide years later.
I commend the cop who stopped her. She may never have to suffer the kind of guilt he did.
A very good atty, defended him and he ended up with a minimal charge.
Lost our daughter. Our whole family deeply scarred. Still evokes STRONG feelings/emotions. Young man's life ruined. Suicide. Probably far more ramifications then I'll ever know.
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
So, your daughters a Nurse....
Is this a small town?
Does she know most of the cops in town?
Cops staking out her party looking to nail someone?
Is there more to this? Is there another motive involved?
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
So, your daughters a Nurse....
Is this a small town?
Does she know most of the cops in town?
Cops staking out her party looking to nail someone?
Is there more to this? Is there another motive involved?
I highly doubt that’s the full story. Could be, but I doubt it. It’s his version he chose to tell us of the version she told him. I’d like to see the cop’s version.
Young man who hit her was about a mile and half from his home, quarter mile from The Tavern. He never recovered from it. Committed suicide years later.
I commend the cop who stopped her. She may never have to suffer the kind of guilt he did.
A very good atty, defended him and he ended up with a minimal charge.
Lost our daughter. Our whole family deeply scarred. Still evokes STRONG feelings/emotions. Young man's life ruined. Suicide. Probably far more ramifications then I'll ever know.
If she were my daughter, I'd defend her and thank the cop. I realize that I come at this issue from a different perspective then most here. Jim
How many hundred times have I heard " only a couple, only two, haven't had any since last night". Falling down drunk and it's always the same. My heart aches for your loss.
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
So, your daughters a Nurse....
Is this a small town?
Does she know most of the cops in town?
Cops staking out her party looking to nail someone?
Is there more to this? Is there another motive involved?
I highly doubt that’s the full story. Could be, but I doubt it. It’s his version he chose to tell us of the version she told him. I’d like to see the cop’s version.
You could be right. I feel like somethings missing. It could be in the other side of the story.
Young man who hit her was about a mile and half from his home, quarter mile from The Tavern. He never recovered from it. Committed suicide years later.
I commend the cop who stopped her. She may never have to suffer the kind of guilt he did.
A very good atty, defended him and he ended up with a minimal charge.
Lost our daughter. Our whole family deeply scarred. Still evokes STRONG feelings/emotions. Young man's life ruined. Suicide. Probably far more ramifications then I'll ever know.
"Only a couple of beers," he told his atty.
I am sorry for the loss of your dear daughter. I am know that there is nothing anyone could ever do or say that could ever mend it, or change it, and I truly wish there was.
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
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?
I had a co-worker that was arrested for DUI moving his car from a condo complex parking lot to the street right in front of the complex. He was out celebrating something with some friends. They took a limo. They arrived at the condo and he was going to spend the night there but he couldn't leave his car in the parking lot overnight. The cop saw them getting out of the limo and that was it. As a career fireman I saw the destruction of drunk drivers. One of my last calls was a multiple fatality DUI wreck but the cop that got Joe was a chickenshit.
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
This was not a mistake, she had consumed alcohol, she had no idea what her blood alcohol level was, and she had every intention of driving to her destination 8 blocks away, and God knows where else.
Advice ? Let her pay for her what you call a "mistake", don't teach her to have others get her out of her "mistakes", and don't teach her that what she did was okay, she will only pass it on to her children, and so on, and so on.
It takes a good man to teach them right, and just a male to teach them wrong, as in how to do what you want to do to "protect" her. After all is said and done, she will learn by your words and actions and the part you take in all of this, and when the time comes and I pray it never does, but it sure looks like it will by what you are teaching her, she will kill someone in a drunken "mistake", maybe she will kill herself, and you will be the one that planted the seed, and you will carry the guilt, or maybe not, considering the way you are approaching this incident.
God Bless all who have, and will suffer, because of someone else's "mistakes", and those who teach them that those type of actions are just "mistakes".
This is ALL about the money. Money for the .gov and money for the defense atty. Pay, pay, pay and she might get off "light". Pay some more about 10 years down the road and, depending upon the state, she may be able to get it expunged. But in this day & age, having a DUI on record won't hold her back from much unless she wants a CDL.
ETA: See if she can get a work exemption for her DL suspension.
As much as I've seen doctors and nurses drink, I would like to think that her peers wouldn't be too hard on her but hospital HR staff and her state licensing board may not be so sympathetic.
I love how so many on here act like Saints. Especially at 22 years old.
Yes. If the daughters story is correct, that was a chickenshit move by the cop. It's complete BS IMO.
I doubt that is the whole story though.
One word of advice, hire a good attorney but be wary of local. If it's anything like around here, the prosecuting attorneys and the defense attorneys are all in it together and the outcome of the case will be decided over drinks at their favorite watering hole. Hire an out of town attorney with a good reputation.
100% correct DON"T hire a local attorney who likely golfs with the prosecuting atty and judge . I made that mistake once and it cost me $12.900 on a bogus lawsuit .
I knew a cop that would sit and watch the drunks walk out of a bar, obviously intoxicated. He would wait until they got in their car and start it before arresting them.
Thus they were charged with DWI vs being charged with Public Intoxication if he'd arrested them before getting in the car.
DWI = Thousands of dollars.
PI = $100 fine.
Go figure.
Yeah,but you'll never see that in front of the cops bar.
Young man who hit her was about a mile and half from his home, quarter mile from The Tavern. He never recovered from it. Committed suicide years later.
I commend the cop who stopped her. She may never have to suffer the kind of guilt he did.
A very good atty, defended him and he ended up with a minimal charge.
Lost our daughter. Our whole family deeply scarred. Still evokes STRONG feelings/emotions. Young man's life ruined. Suicide. Probably far more ramifications then I'll ever know.
"Only a couple of beers," he told his atty.
I am sorry for the loss of your dear daughter. I am know that there is nothing anyone could ever do or say that could ever mend it, or change it, and I truly wish there was.
Lynn
Indeed very sorry to hear of your dear daughter Rug3 - so sad .
I knew a cop that would sit and watch the drunks walk out of a bar, obviously intoxicated. He would wait until they got in their car and start it before arresting them.
Thus they were charged with DWI vs being charged with Public Intoxication if he'd arrested them before getting in the car.
DWI = Thousands of dollars.
PI = $100 fine.
Go figure.
Yeah,but you'll never see that in front of the cops bar.
Heck,
In Aurora, a cop can pass out drunk in his cop care at a stop lite and blow over 0.2 and not even get a ticket.
I love how so many on here act like Saints. Especially at 22 years old.
One word of advice, hire a good attorney but be wary of local. If it's anything like around here, the prosecuting attorneys and the defense attorneys are all in it together and the outcome of the case will be decided over drinks at their favorite watering hole. Hire an out of town attorney with a good reputation.
Sometimes though it can work in your advantage hiring local even if both the prosecuting and defending are on good terms. What I've seen in our town the outsiders are at a disadvantage right out of the gate because the judges can also be on good terms with both the defense and prosecuting attorneys.The good old boy club can work both ways.
Asking for advise about drunk driving on the Fire? You came to the right place! . All kidding aside, I got away with a few close calls when I was a kid. I learned the fast way before the hard way taught me. I quit any alcohol when I was 19. I drank a few beers and some whine in the last 36 yrs. Want some real advise? Dont touch the crap. A little self righteous , yes, but I stand no chance of any alcohol related problems as long as I live.
I knew a cop that would sit and watch the drunks walk out of a bar, obviously intoxicated. He would wait until they got in their car and start it before arresting them.
Thus they were charged with DWI vs being charged with Public Intoxication if he'd arrested them before getting in the car.
DWI = Thousands of dollars.
PI = $100 fine.
Go figure.
Yeah,but you'll never see that in front of the cops bar.
Heck,
In Aurora, a cop can pass out drunk in his cop care at a stop lite and blow over 0.2 and not even get a ticket.
I guess we all see things differently, DUI is a bad deal and should be treated as such. I told my three kids to never drink and drive and if you don't call me if you get caught. Oldest son got caught for DUI during his last year at FSU. He got his azz out of it somehow and I wouldn't of known anything about it except for him bringing a friend up hunting a few years later that was with him. DUI can have serious consequences and needs to be treat as such, sorry doesn't cut it.
In the era of dash cams, body cams, and records retention requirements, discretion is limited. You give someone a break and they do something bad, you’re in the wind. The first thing a department does is examine your actions and try to absolve itself of liability. They’ll whip out all the laws and show how you knowingly failed to enforce the law. The footage will show the same. Hopefully your guild has good attorneys.
OR
No one gets any breaks for anything and you sleep easy at night.
No sympathy whatsoever from me and I guarantee there is more to the story than what is being told.
Yea, what really happened?
After some thought, I've revised my hypothesis.
Lets assume the core elements of the story are reasonably true.
Officers watching the bar, trying to keep the obviously drunk from driving, and putting themselves and others at risk.
A group comes out. No one gets in a vehicle, but they start walking.....how drunk do they have to be for the officer to follow them for seven blocks?
She ran home to get the vehicle to pick up the "stragglers". Was someone(s) too drunk to walk the 8 blocks? That would explain the sudden urge for a vehicle.
She's get the vehicle, perhaps the officers already made contact with the straggles for public intoxication, or in her state, she fails to turn on her headlights...In this town, nothing gets you pulled over quicker then no head lights on a Friday night....
GW,
You only did this kind of work for what, 20, 30 years?
In the era of dash cams, body cams, and records retention requirements, discretion is limited. You give someone a break and they do something bad, you’re in the wind. The first thing a department does is examine your actions and try to absolve itself of liability. They’ll whip out all the laws and show how you knowingly failed to enforce the law. The footage will show the same. Hopefully your guild has good attorneys.OR No one gets any breaks for anything and you sleep easy at night.
You have a good point. Once he stopped her if he had sent her back home and 20 minutes later she has a fatal accident his a$$ would have been hung. The agency would have been hugely liable also. If an officer doesn't want to arrest somebody they best not inject themselves into the situation.
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.
Wouldn't make a difference in Ohio. The engine not running wouldn't either. Keys in the ignition is all it takes.
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.
Wouldn't make a difference in Ohio. The engine not running wouldn't either. Keys in the ignition is all it takes.
If I want to sit in my truck/car on my property and drink while listening to the radio IT'S NONE OF YOUR OR ANYBODY ELSES GODDAM BUSINESS. Who the fuuck makes and condones these laws ? The dumb fuucks that do need look no further than the mirror to see EXACTLY who's to blame for our loss of liberty in this Country.
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
This was not a mistake, she had consumed alcohol, she had no idea what her blood alcohol level was, and she had every intention of driving to her destination 8 blocks away, and God knows where else.
Advice ? Let her pay for her what you call a "mistake", don't teach her to have others get her out of her "mistakes", and don't teach her that what she did was okay, she will only pass it on to her children, and so on, and so on.
It takes a good man to teach them right, and just a male to teach them wrong, as in how to do what you want to do to "protect" her. After all is said and done, she will learn by your words and actions and the part you take in all of this, and when the time comes and I pray it never does, but it sure looks like it will by what you are teaching her, she will kill someone in a drunken "mistake", maybe she will kill herself, and you will be the one that planted the seed, and you will carry the guilt, or maybe not, considering the way you are approaching this incident.
God Bless all who have, and will suffer, because of someone else's "mistakes", and those who teach them that those type of actions are just "mistakes".
Lynn
I understand your sentiments, but you need to reread the OP. The total trip was 8 blocks... she ran the last block and was pretending to go one block back, but never left the driveway.
In reading the original post, I come up with a lot of questions. The first being the reason for the stop. PWN gave some great advice. Knowledgeable and experienced representation is never a bad idea, or inexpensive . That may not result in the desired outlcome but at least you tried. On the other hand, if the Officer lacked reasonable suspicion to make that stop, she may walk away with nothing. You won't know til you try. No doubt this young lady is learning a tough life lesson. That's unfortunate. I feel worse for the man who lost his daughter though.
Got charged with "DUI by Allowing" after desert storm. Little gem Montgomery county passed right before the 101st returned from desert storm as a revenue maker.
Met a chick at a bar. Let her drive my truck to a hotel, was gonna rail the fugg outta her for sure.... Got pulled over. Truck got towed She got charged for DUI I got charged DUI for allowing.
We both went to Montgomery county jail. Bailed myself out after 8 hour sleep off. Got truck outta tow yard.
Got a Lawyer. Slumlord knows who he was. Dude got disbarred eventually. Think better call saul with a huge coke habit. Lol!!!!
Spent about 14 months in and outta court stuff. Bout 2600 bucks total between lawyer and court fees. Reduced eventually to public Intox 150 buck fine 50 hrs community service which I did at Pratt Museum on Ft Campbell limbing all the trees around the Aircraft display and cleaning the wpns and displays on exhibit inside.
Got to dissassemble, clean and reassemble some pretty cool wpns Bout the only positive thing from the entire thing aside from learning that cabs are the way to go and way less painful on your wallet.
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
This was not a mistake, she had consumed alcohol, she had no idea what her blood alcohol level was, and she had every intention of driving to her destination 8 blocks away, and God knows where else.
Advice ? Let her pay for her what you call a "mistake", don't teach her to have others get her out of her "mistakes", and don't teach her that what she did was okay, she will only pass it on to her children, and so on, and so on.
It takes a good man to teach them right, and just a male to teach them wrong, as in how to do what you want to do to "protect" her. After all is said and done, she will learn by your words and actions and the part you take in all of this, and when the time comes and I pray it never does, but it sure looks like it will by what you are teaching her, she will kill someone in a drunken "mistake", maybe she will kill herself, and you will be the one that planted the seed, and you will carry the guilt, or maybe not, considering the way you are approaching this incident.
God Bless all who have, and will suffer, because of someone else's "mistakes", and those who teach them that those type of actions are just "mistakes".
Lynn
I understand your sentiments, but you need to reread the OP. The total trip was 8 blocks... she ran the last block and was pretending to go one block back, but never left the driveway.
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.
We need more lawmakers like Alan Hale, Republican member of the Montana Legislature and owner of the Silver Saddle Bar and Café in Jefferson County before his recent death.....
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.
Dipsticks who drink alone are the worst type of alcoholics.
You and Renegade50 deserve all you get in life.
As the saying goes, stupid should hurt.
Fortunately for you two, liberal politicians are trying to prevent stupid from hurting.
I saw where you and Renegade were comparing shoe sizes and talking of piggy back rides through the swamp.
Didn’t peg the needle, but a solid 9 on the cringe-ometer.
Originally Posted by slumlord
I have a firepit, two actually. I don’t entertain people.
I drink alone.
i get shîtfaced and drive all around on our land. I have about 4 miles of private roads. Several big fields to just park in prop my size 14 out on the mirror of the Scottsdale and kick back.
That or roll myself up a big ol hogleg and toke it while I’m bush hogging. If I want to.
The law stops at the rickety wooden bridge coming in.
Got charged with "DUI by Allowing" after desert storm. Little gem Montgomery county passed right before the 101st returned from desert storm as a revenue maker.
Met a chick at a bar. Let her drive my truck to a hotel, was gonna rail the fugg outta her for sure.... Got pulled over. Truck got towed She got charged for DUI I got charged DUI for allowing.
We both went to Montgomery county jail. Bailed myself out after 8 hour sleep off. Got truck outta tow yard.
Got a Lawyer. Slumlord knows who he was. Dude got disbarred eventually. Think better call saul with a huge coke habit. Lol!!!!
Spent about 14 months in and outta court stuff. Bout 2600 bucks total between lawyer and court fees. Reduced eventually to public Intox 150 buck fine 50 hrs community service which I did at Pratt Museum on Ft Campbell limbing all the trees around the Aircraft display and cleaning the wpns and displays on exhibit inside.
Got to dissassemble, clean and reassemble some pretty cool wpns Bout the only positive thing from the entire thing aside from learning that cabs are the way to go and way less painful on your wallet.
Mike,
I understand Liberals don't have a very good grasp on history, especially American Military History, so let me help you out a bit.
Desert Storm was 1991. That was almost 30 years ago.
We all exhibited less discussion in your younger days. Some of us just know how to laugh about it.
What I haven't seem many (any?) here address is this from the OP's daughter's story:
Quote
She hopped in his truck(parked on their driveway) and started it backing it down to the street when lights came on.
Lot of unanswered questions can be formulated from that one thing.
First, backing down the driveway "to the street" can be construed as "intent".............at least it could be in my world.
Second, how far down the driveway did she get? Is there a sidewalk there? Even if no sidewalk, how far away from the centerline of the road does the right of way extend? Did any part of her vehicle cross that magic line?
Third, in backing down the driveway did she notice the popo vehicle and yield to it? Was the copper parked on the street or actually driving when he saw her operating the vehicle. If she did appear to be backing into the street in front of him, and he stopped her, did she appear intoxicated at that time? Boozy breath?
Given time, I could probably come up with a coupla more. Whole lotta unanswered questions.
cowman, I wish you daughter the best and sincerely hope she doesn't have an actual "drinking problem". If that sort of thing runs in your family she may want to nip it in the bud now, before it becomes a real disaster.
Good luck to you and the young lady.
Geno
PS another lesson to be learned here....................back INTO the driveway so you can see better coming out. It helps avoid many problems.
I enjoyed laughing at the moron idiots then, still do. Was handed most every disadvantage in life.
Idiots will always be idiots. Pure entertainment. People don’t normally change, but by all means, continue on with your fantasy reality of the universe.
Originally Posted by antelope_sniper
Originally Posted by MIKEWERNER
You are truly a genius.....
Originally Posted by renegade50
Got charged with "DUI by Allowing" after desert storm. Little gem Montgomery county passed right before the 101st returned from desert storm as a revenue maker.
Met a chick at a bar. Let her drive my truck to a hotel, was gonna rail the fugg outta her for sure.... Got pulled over. Truck got towed She got charged for DUI I got charged DUI for allowing.
We both went to Montgomery county jail. Bailed myself out after 8 hour sleep off. Got truck outta tow yard.
Got a Lawyer. Slumlord knows who he was. Dude got disbarred eventually. Think better call saul with a huge coke habit. Lol!!!!
Spent about 14 months in and outta court stuff. Bout 2600 bucks total between lawyer and court fees. Reduced eventually to public Intox 150 buck fine 50 hrs community service which I did at Pratt Museum on Ft Campbell limbing all the trees around the Aircraft display and cleaning the wpns and displays on exhibit inside.
Got to dissassemble, clean and reassemble some pretty cool wpns Bout the only positive thing from the entire thing aside from learning that cabs are the way to go and way less painful on your wallet.
Mike,
I understand Liberals don't have a very good grasp on history, especially American Military History, so let me help you out a bit.
Desert Storm was 1991. That was almost 30 years ago.
We all exhibited less discussion in your younger days. Some of us just know how to laugh about it.
What I haven't seem many (any?) here address is this from the OP's daughter's story:
Quote
She hopped in his truck(parked on their driveway) and started it backing it down to the street when lights came on.
Lot of unanswered questions can be formulated from that one thing.
First, backing down the driveway "to the street" can be construed as "intent".............at least it could be in my world.
Second, how far down the driveway did she get? Is there a sidewalk there? Even if no sidewalk, how far away from the centerline of the road does the right of way extend? Did any part of her vehicle cross that magic line?
Third, in backing down the driveway did she notice the popo vehicle and yield to it? Was the copper parked on the street or actually driving when he saw her operating the vehicle. If she did appear to be backing into the street in front of him, and he stopped her, did she appear intoxicated at that time? Boozy breath?
Given time, I could probably come up with a coupla more. Whole lotta unanswered questions.
cowman, I wish you daughter the best and sincerely hope she doesn't have an actual "drinking problem". If that sort of thing runs in your family she may want to nip it in the bud now, before it becomes a real disaster.
Good luck to you and the young lady.
Geno
PS another lesson to be learned here....................back INTO the driveway so you can see better coming out. It helps avoid many problems.
How about this scenario:
Originally Posted by antelope_sniper
Originally Posted by GreatWaputi
No sympathy whatsoever from me and I guarantee there is more to the story than what is being told.
Yea, what really happened?
After some thought, I've revised my hypothesis.
Lets assume the core elements of the story are reasonably true.
Officers watching the bar, trying to keep the obviously drunk from driving, and putting themselves and others at risk.
A group comes out. No one gets in a vehicle, but they start walking.....how drunk do they have to be for the officer to follow them for seven blocks?
She ran home to get the vehicle to pick up the "stragglers". Was someone(s) too drunk to walk the 8 blocks? That would explain the sudden urge for a vehicle.
She's get the vehicle, perhaps the officers already made contact with the straggles for public intoxication, or in her state, she fails to turn on her headlights...In this town, nothing gets you pulled over quicker then no head lights on a Friday night....
GW,
You only did this kind of work for what, 20, 30 years?
I was just further addressing some of the "private property" scenarios.
Lotta folks don't understand the intent angle either. Not sure about Iowa, but some states having the keys in the vehicle while "sleeping it off" has been taken as "intent" to drive. Folks I know have set their keys on a nearby fencepost, or under a rock. But getting in a vehicle, after leaving the bar, and backing it down a driveway sure shows intent to this potential juror.
I'll not convict the girl yet, but as you and a couple of others have pointed out.......... there's likely a whole lot more to the story..........from both sides.
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.
Wise Man you are.
As if the officer's story can be taken as 100% truth.
Odds are high there are three sides to this story, hers, the officers, and then the truth, which none of us will ever know
Well, getting caught ain't too bright. Lots of drunks on here might listen to the folks whose loved ones have been impacted by duii. Don't do it, ever. Not occasionally. Not 8 blocks. None. Nada. Zilch. Behind a locked gate. Go for it. Other than that, the risk to innocents far far far outweighs everything.
Here (SD) it's in control of a motor vehicle wherever it might be. Case of a drunk climbing in to sleep it off (so he claimed) - convicted - upheld on appeal. Why you get a a lawyer that knows IA law. And sentencing guidelines.
Beer between the legs and shotty in the window rack.
Salad days my youth was.
We used to go park in the high school parking lot with guns in our pickup gun racks.
Nobody said a thing to us.
Dove and duck hunting before and after classes.
What we carried in our trucks back then to high school would get a response from the SWAT team TAC Unit with the chopper over head and street blocked off in a 1 mile radius nowadays .
I was just further addressing some of the "private property" scenarios.
Lotta folks don't understand the intent angle either. Not sure about Iowa, but some states having the keys in the vehicle while "sleeping it off" has been taken as "intent" to drive. Folks I know have set their keys on a nearby fencepost, or under a rock. But getting in a vehicle, after leaving the bar, and backing it down a driveway sure shows intent to this potential juror.
I'll not convict the girl yet, but as you and a couple of others have pointed out.......... there's likely a whole lot more to the story..........from both sides.
Young man who hit her was about a mile and half from his home, quarter mile from The Tavern. He never recovered from it. Committed suicide years later.
I commend the cop who stopped her. She may never have to suffer the kind of guilt he did.
A very good atty, defended him and he ended up with a minimal charge.
Lost our daughter. Our whole family deeply scarred. Still evokes STRONG feelings/emotions. Young man's life ruined. Suicide. Probably far more ramifications then I'll ever know.
If she were my daughter, I'd defend her and thank the cop. I realize that I come at this issue from a different perspective then most here. Jim
Rug3, while this might have been years ago, I'm very sorry to hear of your loss... I couldn't imagine going through that. Especially something that could have been avoided..
Couldn't have been that the cop watched her "stumble run" a block down the street then jump into a truck and start backing out on the road could it? Or is that just too obvious?
Gotta make this more interesting, the drivel is gets so boring the old fart internet basazzes are wanting to see which one can talk the meanest and kill each other...virtually of course.
Couldn't have been that the cop watched her "stumble run" a block down the street then jump into a truck and start backing out on the road could it? Or is that just too obvious?
I remember the cops busting our bon fire party’s in the orchards in the early 90s and making us poor our beers out on the fire to put it out. what as s holes. 😉
Couldn't have been that the cop watched her "stumble run" a block down the street then jump into a truck and start backing out on the road could it? Or is that just too obvious?
You WON the interwebz today !!!
Thanks but it won't make up for me asking for help understand why god would tear down a Christian Academy with a tornado. I'll still be responsible for making fun of all the related white deaths in Tennessee for that question......
One can pick the closet drunk drivers out by their statements. It's so obvious if you have the experience of being around the type.
It's not just about money. It's about hurting innocent people. DUI offenders are random murderers. Like a Serial Killer, but they don't even have a type.
So sadly amusing really. Family gets wiped out. "It's so saaaad"! A friend gets busted 3x the limit, after hitting a mailbox, on the left side. " It's all about money, he didn't hurt nobody."
Property rights are sacred to me. So much so, that they should be limited if your actions threaten another, or their property.
Discretion is the key to proper enforcement, and it can swing both ways.
Moving a car in a driveway?
Shouldn't bother her.
But if she is backing down the driveway and you don't stop her? If you do, you are an ass. If you don't, and she was leaving because she had realized she needed to be somewhere? The cops ass is fried if she hurt someone.
I hope she doesn't beat this clean. I dam sure hope her dad doesn't pay a penny of her costs.
I also hope she can preserve her license and job. To lose them would be a bigger burden than she deserves based on what happened.
I'm sure not an angel. Not close. But when my livelihood depended on my CDL, I would not drink a single drink and drive. I knew the risks, and there was no way it was worth it. Can't begin to understand those that don't see this. Driving is not my main income anymore, and I still don't drink more than ONE and drive. And one, is 1.
If this would affect her job, I'm sure she knew it. As unfortunate as losing her license would be, she wasn't truly worried about that.
Most are when it comes to this type of thing. We had a cop who was a tenant of ours in Alaska, young guy, go-getter type. I bumped into him at the duplex and asked how his previous Friday night went on the job, his reply was astonishing, he said it was a terrible night, not a single DUI arrest!
I told him that was a GOOD THING. But he had financial motivations as a young cop.
He actually bought that duplex from us when we left AK.
Couldn't have been that the cop watched her "stumble run" a block down the street then jump into a truck and start backing out on the road could it? Or is that just too obvious?
Could have been he watched the whole bunch leave the bar where he was hiding in the shadows just hoping someone would do something he with his 3rd grade hall monitor/bully now with a badge mentality could harass someone for.. Made his day I betcha.
Most are when it comes to this type of thing. We had a cop who was a tenant of ours in Alaska, young guy, go-getter type. I bumped into him at the duplex and asked how his previous Friday night went on the job, his reply was astonishing, he said it was a terrible night, not a single DUI arrest!
I told him that was a GOOD THING. But he had financial motivations as a young cop.
He actually bought that duplex from us when we left AK.
Financial motivations? Was he getting a percentage per arrest?
Fyi you get paid the same, no matter how many or how few arrests you make.
Couldn't have been that the cop watched her "stumble run" a block down the street then jump into a truck and start backing out on the road could it? Or is that just too obvious?
Could have been he watched the whole bunch leave the bar where he was hiding in the shadows just hoping someone would do something he with his 3rd grade hall monitor/bully now with a badge mentality could harass someone for.. Made his day I betcha.
Maybe we'll never know, since the op hasn't responded to any questions....like what her BAC was. Would your tone change if it was .20 or higher?
Financial motivations? Was he getting a percentage per arrest?
Fyi you get paid the same, no matter how many or how few arrests you make.
Some departments do indeed have quotas on traffic tickets and/or arrests.
More common is a gung ho rookie trying to get noticed, or get in favor with the brass by giving out lots of tickets, and making lots of arrests.
So let me get this correct.... you're going off of a third party (maybe 4th party) report of what happened as if it was gospel, taking into account it was a description given by a women (intoxicated at a minimum, trashed at a max) that was inquiring whether she should provide a breath sample that she is civilly required to provide?
Niiiice......
Even if it was a gung ho rookie, reasonable suspicion is what it is, along with sfst's.
I am a criminal lawyer and handle my fair share of DUI cases. Most advantages in DUI cases from legal technicalities rather than prosecutors giving a break out of the goodness of their heart. It takes a good lawyer to navigate the facts and the law. Most cases are straight forward enough and are not getting reduced or tossed. The law is very different from state to state.
However, jury's are fairly lenient on DUIs if there is any question mark about the facts of the case and the person has an otherwise clean record.
If a person was caught in their own driveway, and they have a clean record, and they didn't blow very high. That might make a good case to let a jury a hear. Especially if they didn't make any statement to the police about where they were going. Who knows, they may have been moving the car to let somebody out, or to park on the street overnight? Also, what was it out about there driving that gave suspicion of a violation of the law to form the basis of the stop in the first place (Terry stop)?
I just picked up a DUI 2nd case the other day. Carries a mandatory minimum of 10 days jail and license suspension and 3 year OL suspension. However I know I will be able to get it reduced to a 1st with no mandatory minimum jail and 1 year license suspension because the out of state 1st offense is from a state whose DUI statute is dissimilar enough from this state's statute that our supreme court ruled years ago that convictions from that state can't be used to enhance DUI's in this state to a subsequent offense. The average attorney who dabbles in DUIs wouldn't know that, and wouldn't bother to find it out. So getting a good lawyer can make the difference.
Couldn't have been that the cop watched her "stumble run" a block down the street then jump into a truck and start backing out on the road could it? Or is that just too obvious?
Could have been he watched the whole bunch leave the bar where he was hiding in the shadows just hoping someone would do something he with his 3rd grade hall monitor/bully now with a badge mentality could harass someone for.. Made his day I betcha.
Maybe we'll never know, since the op hasn't responded to any questions....like what her BAC was. Would your tone change if it was .20 or higher?
.20 or higher probably isn't jogging down the road.
I am a criminal lawyer and handle my fair share of DUI cases. Most advantages in DUI cases from legal technicalities rather than prosecutors giving a break out of the goodness of their heart. It takes a good lawyer to navigate the facts and the law. Most cases are straight forward enough and are not getting reduced or tossed. The law is very different from state to state.
However, jury's are fairly lenient on DUIs if there is any question mark about the facts of the case and the person has an otherwise clean record.
If a person was caught in their own driveway, and they have a clean record, and they didn't blow very high. That might make a good case to let a jury a hear. Especially if they didn't make any statement to the police about where they were going. Who knows, they may have been moving the car to let somebody out, or to park on the street overnight? Also, what was it out about there driving that gave suspicion of a violation of the law to form the basis of the stop in the first place (Terry stop)?
I just picked up a DUI 2nd case the other day. Carries a mandatory minimum of 10 days jail and license suspension and 3 year OL suspension. However I know I will be able to get it reduced to a 1st with no mandatory minimum jail and 1 year license suspension because the out of state 1st offense is from a state whose DUI statute is dissimilar enough from this state's statute that our supreme court ruled years ago that convictions from that state can't be used to enhance DUI's in this state to a subsequent offense. The average attorney who dabbles in DUIs wouldn't know that, and wouldn't bother to find it out. So getting a good lawyer can make the difference.
Maybe on their 3rd they can kill a family of 4 and you can catch a manslaughter case.....here's hoping!
Couldn't have been that the cop watched her "stumble run" a block down the street then jump into a truck and start backing out on the road could it? Or is that just too obvious?
Could have been he watched the whole bunch leave the bar where he was hiding in the shadows just hoping someone would do something he with his 3rd grade hall monitor/bully now with a badge mentality could harass someone for.. Made his day I betcha.
Maybe we'll never know, since the op hasn't responded to any questions....like what her BAC was. Would your tone change if it was .20 or higher?
.20 or higher probably isn't jogging down the road.
Wanna bet? I've seen people over .3 that were high functioning.
And people at a .15 that aced sfst's.....actually .17 per pbt
I remember back before MADD when DWI wasn't such a big deal. Cops pulled me over drunk a couple times back then. Asked me if I'd been drinking and I admitted I had, more than a couple, and was headed for home. Both times they asked me where I lived and then told me to get back in my car, drive slow and they'd follow me home. No tickets involved.
Couldn't have been that the cop watched her "stumble run" a block down the street then jump into a truck and start backing out on the road could it? Or is that just too obvious?
Could have been he watched the whole bunch leave the bar where he was hiding in the shadows just hoping someone would do something he with his 3rd grade hall monitor/bully now with a badge mentality could harass someone for.. Made his day I betcha.
Maybe we'll never know, since the op hasn't responded to any questions....like what her BAC was. Would your tone change if it was .20 or higher?
.20 or higher probably isn't jogging down the road.
Wanna bet? I've seen people over .3 that were high functioning.
And people at a .15 that aced sfst's.....actually .17 per pbt
Maybe I should have added the 1st time that "no" it wouldn't change my tone
Couldn't have been that the cop watched her "stumble run" a block down the street then jump into a truck and start backing out on the road could it? Or is that just too obvious?
Could have been he watched the whole bunch leave the bar where he was hiding in the shadows just hoping someone would do something he with his 3rd grade hall monitor/bully now with a badge mentality could harass someone for.. Made his day I betcha.
Maybe we'll never know, since the op hasn't responded to any questions....like what her BAC was. Would your tone change if it was .20 or higher?
.20 or higher probably isn't jogging down the road.
Wanna bet? I've seen people over .3 that were high functioning.
And people at a .15 that aced sfst's.....actually .17 per pbt
Maybe I should have added the 1st time that "no" it wouldn't change my tone
Maybe on their 3rd they can kill a family of 4 and you can catch a manslaughter case.....here's hoping!
Don't worry, I've had my fair share of uppity clients that never thought they or their kid would end up on the wrong side of the law (including several cops). But when they did, they sure were glad I was there for them. Hope you never find yourself in that spot.
Maybe on their 3rd they can kill a family of 4 and you can catch a manslaughter case.....here's hoping!
Don't worry, I've had my fair share of uppity clients that never thought they or their kid would end up on the wrong side of the law (including several cops). But when they did, they sure were glad I was there for them. Hope you never find yourself in that spot.
Oh have no fear, I know attorney's are a necessary evil. Your profession serves an important service, but so does law enforcement.
I handled hundreds of DUI cases as a prosecutor and tried a few. Get her case evaluated by a local attorney, sometimes the cops make procedural mistakes and you'll never know if you don't seek professional help. If nothing else, a good lawyer will help her cut a deal with the prosecutor.
I remember back before MADD when DWI wasn't such a big deal. Cops pulled me over drunk a couple times back then. Asked me if I'd been drinking and I admitted I had, more than a couple, and was headed for home. Both times they asked me where I lived and then told me to get back in my car, drive slow and they'd follow me home. No tickets involved.
Yeah, then some dipshitt the cops let drive off hit and killed a kid whose grieving parents sued and ruined it for everyone. You truly are ratarded.
I remember back before MADD when DWI wasn't such a big deal. Cops pulled me over drunk a couple times back then. Asked me if I'd been drinking and I admitted I had, more than a couple, and was headed for home. Both times they asked me where I lived and then told me to get back in my car, drive slow and they'd follow me home. No tickets involved.
Yeah, then some dipshitt the cops let drive off hit and killed a kid whose grieving parents sued and ruined it for everyone. You truly are ratarded.
Shyt, everybody did it back then, including the town judge who was caught driving drunk and given a ride home by the cops many times. I never did end up getting a ticket or having an accident. I told you it just wasn't a big deal. Hell, we could still even buy lawn darts, drive without a seat belt and ride a bike without a helmet back then. Now STFU and GFY you worthless, ass sucking, non producing, scumbag leach.
Maybe on their 3rd they can kill a family of 4 and you can catch a manslaughter case.....here's hoping!
Don't worry, I've had my fair share of uppity clients that never thought they or their kid would end up on the wrong side of the law (including several cops). But when they did, they sure were glad I was there for them. Hope you never find yourself in that spot.
RO,
That you for doing your part to preserve the constitutions rights of the common person.
Our country wouldn't be the same with out the services of your profession.
There's a reason access is a constitutionally protected right.
I handled hundreds of DUI cases as a prosecutor and tried a few. Get her case evaluated by a local attorney, sometimes the cops make procedural mistakes and you'll never know if you don't seek professional help. If nothing else, a good lawyer will help her cut a deal with the prosecutor.
I am sure they can. I have a older brother that never did a night in jail until his 8th DUI, then he did 18 months. He could always afford the best of lawyers..
He now has 13 DUI's to his name, had to leave his home state to avoid prison and of course they will not extradite him on the charges, they don't want him back in their state. He's recently found he is banned from having a drivers licenses in any state due to his driving history and he if furious about it. He has been hiring lawyers and fighting it.
He just got a driving with no licence charge and did 10 days for it, that is the only time he has ever served other that 18 months he did after his 8th.
I haven't any idea how he has never killed anyone driving. All his DUI related accidents have been single vehicle.
I seldom see him and avoid the subject of his driving issues when I do see him. I once asked him exactly how many DUI's he had. He gave me a schitty smirk and and asked "arrested for or prosecuted for?" I didn't respond and the topic was closed.
Maybe on their 3rd they can kill a family of 4 and you can catch a manslaughter case.....here's hoping!
Don't worry, I've had my fair share of uppity clients that never thought they or their kid would end up on the wrong side of the law (including several cops). But when they did, they sure were glad I was there for them. Hope you never find yourself in that spot.
Just curious... 8 blocks is about 1.3miles, I looked on Uber for a place 1.3miles away and was quoted $5.55 just now...
I take it all back. I would NOT hire you for $1/hour and let you drink my urine for lunch.
One more lost opportunity for you.
Congrats, you didn’t kill an innocent. You likely can’t help yourself....texting while driving.
Typical liberal......no respect for anyone.
Originally Posted by Blackheart
I remember back before MADD when DWI wasn't such a big deal. Cops pulled me over drunk a couple times back then. Asked me if I'd been drinking and I admitted I had, more than a couple, and was headed for home. Both times they asked me where I lived and then told me to get back in my car, drive slow and they'd follow me home. No tickets involved.
What causes the disagreements bout DUIs is the hysteria connected to em, just like COVID.
And the fact that .gov has an obvious monetary/political interest in DUI prosecution, and has set ridiculous standards for what is "drunk".
Shouldn't matter if its a first time, or 15th.
The danger to other motorists is the same, which is to say, minimal.
Only important thing is the actual impact on others.
DUI like the one described in the OP, should be little more than a speedin ticket.
DUI that involves a wreck (caused by the DUI'er), first time or not, go to jail.
Wreck with injuries = more jail.
Death = Even more jail.
The penalty should be associated with the damage to others, not the hysteria.
That sounds mostly right.
The behavior itself poses real risk to other parties. Minimal isn’t accurate.
For sure not everyone wears a .08 the same.
The "minimal" description results from the number of individuals driving "drunk" by .gov standards every day, that go undetected because they drive in a manner that does not result in any damage to others.
Similar to young drivers.
They get in fewer wrecks than any other category of drivers, but the wrecks they have tend to be more serious, because of the inexperience and tendency to take chances at a higher speed.
The danger from young drivers is also minimal, but when things go bad, they can go really bad.
I handled hundreds of DUI cases as a prosecutor and tried a few. Get her case evaluated by a local attorney, sometimes the cops make procedural mistakes and you'll never know if you don't seek professional help. If nothing else, a good lawyer will help her cut a deal with the prosecutor.
WH,
In your experience as a prosecutor, of the hundreds of DUI cases that crossed your desk, what portion were "Obvious BS"?
I take it all back. I would NOT hire you for $1/hour and let you drink my urine for lunch.
One more lost opportunity for you.
Congrats, you didn’t kill an innocent. You likely can’t help yourself....texting while driving.
Typical liberal......no respect for anyone.
Originally Posted by Blackheart
I remember back before MADD when DWI wasn't such a big deal. Cops pulled me over drunk a couple times back then. Asked me if I'd been drinking and I admitted I had, more than a couple, and was headed for home. Both times they asked me where I lived and then told me to get back in my car, drive slow and they'd follow me home. No tickets involved.
Presumptuous cock sucker too aren't you ? FYI, I don't text at all, while driving or otherwise and my driving record is clean as a whistle to this day. Quite likely I'm more employable than you are so don't worry, you can drink all the piss. I won't be needing it.
You can sure tell who has had DUI'S from just their post. hehehe
Or those who haven’t been caught!
Not necessarily. I was a teenager in the 70’s, driving drunk was frequent back then, even (or especially) among teenagers.
I’ve come close to DWI’s twicesince then, both on motorcycles, both more’n thirty years back. Once I was way over the limit, riding behind an acquaintance. Cop lit up the night behind us, I took a right turn, Cop stayed with the other motorcycle.
Actually getting drunk when out on a motorcycle was rare it just weren’t fun to ride that way. So I would stop at three beers, stretched out over the whole evening.
One time I was just leaving a bar when a woman bought me beer number four, which I drank pretty quick. It was late, a Cop was watching the bar, pulls me over right away saying the yellow traffic light I went though turned red when I was less than half way through the intersection.
Did the field sobriety test OK, veteran Cop said he thought I would blow positive on a breath test but since I was a schoolteacher at the rough local high school and lived like four blocks away from the bar, told me to ride directly home and not do it again. Never have.
I take it all back. I would NOT hire you for $1/hour and let you drink my urine for lunch.
One more lost opportunity for you.
Congrats, you didn’t kill an innocent. You likely can’t help yourself....texting while driving.
Typical liberal......no respect for anyone.
Originally Posted by Blackheart
I remember back before MADD when DWI wasn't such a big deal. Cops pulled me over drunk a couple times back then. Asked me if I'd been drinking and I admitted I had, more than a couple, and was headed for home. Both times they asked me where I lived and then told me to get back in my car, drive slow and they'd follow me home. No tickets involved.
Presumptuous cock sucker too aren't you ? FYI, I don't text at all, while driving or otherwise and my driving record is clean as a whistle to this day. Quite likely I'm more employable than you are so don't worry, you can drink all the piss. I won't be needing it.
Good evening, long time no see. I see you are doing well
So, you obviously have no issues with a hunting partner that continually points his loaded firearm in your face?
Originally Posted by Fubarski
Only important thing is the actual impact on others.
DUI like the one described in the OP, should be little more than a speedin ticket.
DUI that involves a wreck (caused by the DUI'er), first time or not, go to jail.
Wreck with injuries = more jail.
Death = Even more jail.
The penalty should be associated with the damage to others, not the hysteria.
Moronic comparison.
If a person points a loaded firearm at my face, there's a penalty for that.
The simple fact is that there are millions, if not billions, of drivers that .gov has declared "drunk", due to artificially low standards that make it easy for .gov to extract money from them, while branding them as bad people.
And, there are the same amount of drivers driving, every day, whether you like it or not, that cause no damage to others and behave no different than "sober" drivers.
Every day. All day.
I would have no issues with you posting something intelligent, and though the odds are against it, I don't consider it a danger.
I take it all back. I would NOT hire you for $1/hour and let you drink my urine for lunch.
One more lost opportunity for you.
Congrats, you didn’t kill an innocent. You likely can’t help yourself....texting while driving.
Typical liberal......no respect for anyone.
Originally Posted by Blackheart
I remember back before MADD when DWI wasn't such a big deal. Cops pulled me over drunk a couple times back then. Asked me if I'd been drinking and I admitted I had, more than a couple, and was headed for home. Both times they asked me where I lived and then told me to get back in my car, drive slow and they'd follow me home. No tickets involved.
Presumptuous cock sucker too aren't you ? FYI, I don't text at all, while driving or otherwise and my driving record is clean as a whistle to this day. Quite likely I'm more employable than you are so don't worry, you can drink all the piss. I won't be needing it.
Good evening, long time no see. I see you are doing well
I take it all back. I would NOT hire you for $1/hour and let you drink my urine for lunch.
One more lost opportunity for you.
Congrats, you didn’t kill an innocent. You likely can’t help yourself....texting while driving.
Typical liberal......no respect for anyone.
Originally Posted by Blackheart
I remember back before MADD when DWI wasn't such a big deal. Cops pulled me over drunk a couple times back then. Asked me if I'd been drinking and I admitted I had, more than a couple, and was headed for home. Both times they asked me where I lived and then told me to get back in my car, drive slow and they'd follow me home. No tickets involved.
Presumptuous cock sucker too aren't you ? FYI, I don't text at all, while driving or otherwise and my driving record is clean as a whistle to this day. Quite likely I'm more employable than you are so don't worry, you can drink all the piss. I won't be needing it.
I disagree... dont text? That lacking communication skills and shows you dont adapt... it also says your probably old as [bleep]... and age discrimination is more real than face tattoo discrimination these days. No one wants an old geezer that cant figure out a cell phone! For [bleep] sake, Ive done millions of dollars of business transactions via text...
I knew a case where a 2 year old girl got killed from DWI.
Driver hit the curb on residential street, lost control of car, and drove it through the front of the house. Her father was a doctor, and had to dig through the debris to get to her, where she had been asleep in her cradle bed that night.
Her doctor dad had to perform a tracheostomy, because her windpipe was crushed, and she wasn’t breathing. She didn’t make it. Her mother had a nervous breakdown, and it haunted her, her whole life. Her sister and brother lost a sibling, and she never got to meet and play with her cousins at family gatherings throughout the year/s.
The lady DWI driver only got 10 years for manslaughter, and her husband divorced her while she served her sentence. That happened back in the 1960’s in Texas, before the laws started getting harsher across the country.
I never got to enjoy the holidays together...with my cousin.
Is it legal to drink alcohol and drive? The answer is NO. Period!!! Have I done it? Answer is yes. Am I proud of it like Blackshart ??? Answer is NO!!! Actually I’m ashamed of my lack of judgment and stupidity.
Carry on Blackshart. You’re obviously a legend in your own mind...
I take it all back. I would NOT hire you for $1/hour and let you drink my urine for lunch.
One more lost opportunity for you.
Congrats, you didn’t kill an innocent. You likely can’t help yourself....texting while driving.
Typical liberal......no respect for anyone.
Originally Posted by Blackheart
I remember back before MADD when DWI wasn't such a big deal. Cops pulled me over drunk a couple times back then. Asked me if I'd been drinking and I admitted I had, more than a couple, and was headed for home. Both times they asked me where I lived and then told me to get back in my car, drive slow and they'd follow me home. No tickets involved.
Presumptuous cock sucker too aren't you ? FYI, I don't text at all, while driving or otherwise and my driving record is clean as a whistle to this day. Quite likely I'm more employable than you are so don't worry, you can drink all the piss. I won't be needing it.
I disagree... dont text? That lacking communication skills and shows you dont adapt... it also says your probably old as [bleep]... and age discrimination is more real than face tattoo discrimination these days. No one wants an old geezer that cant figure out a cell phone! For [bleep] sake, Ive done millions of dollars of business transactions via text...
Never said I couldn't, just said I don't. I am getting old but not as old as most here. I don't give a shyt what you've done via text or otherwise. Nor do I give a damn what you do or don't agree with.
Is it legal to drink alcohol and drive? The answer is NO. Period!!! Have I done it? Answer is yes. Am I proud of it like Blackshart ??? Answer is NO!!! Actually I’m ashamed of my lack of judgment and stupidity.
Carry on Blackshart. You’re obviously a legend in your own mind...
I never said I was proud of it. Simply stated how things used to be before hysteria set in amongst you ladies. You'd know that if you weren't a fuuckin retard but alas, you are a fuuckin retard.
I take it all back. I would NOT hire you for $1/hour and let you drink my urine for lunch.
One more lost opportunity for you.
Congrats, you didn’t kill an innocent. You likely can’t help yourself....texting while driving.
Typical liberal......no respect for anyone.
Originally Posted by Blackheart
I remember back before MADD when DWI wasn't such a big deal. Cops pulled me over drunk a couple times back then. Asked me if I'd been drinking and I admitted I had, more than a couple, and was headed for home. Both times they asked me where I lived and then told me to get back in my car, drive slow and they'd follow me home. No tickets involved.
Presumptuous cock sucker too aren't you ? FYI, I don't text at all, while driving or otherwise and my driving record is clean as a whistle to this day. Quite likely I'm more employable than you are so don't worry, you can drink all the piss. I won't be needing it.
I disagree... dont text? That lacking communication skills and shows you dont adapt... it also says your probably old as [bleep]... and age discrimination is more real than face tattoo discrimination these days. No one wants an old geezer that cant figure out a cell phone! For [bleep] sake, Ive done millions of dollars of business transactions via text...
Never said I couldn't, just said I don't. I am getting old but not as old as most here. I don't give a shyt what you've done via text or otherwise. Nor do I give a damn what you do or don't agree with.
Is it legal to drink alcohol and drive? The answer is NO. Period!!! Have I done it? Answer is yes. Am I proud of it like Blackshart ??? Answer is NO!!! Actually I’m ashamed of my lack of judgment and stupidity.
Carry on Blackshart. You’re obviously a legend in your own mind...
I never said I was proud of it. Simply stated how things used to be before hysteria set in amongst you ladies. You'd know that if you weren't a fuuckin retard but alas, you are a fuuckin retard.
To bad it’s not illegal to be old, Asian, Indian, female and under 30 to drive.....
Is it legal to drink alcohol and drive? The answer is NO. Period!!! Have I done it? Answer is yes. Am I proud of it like Blackshart ??? Answer is NO!!! Actually I’m ashamed of my lack of judgment and stupidity.
Carry on Blackshart. You’re obviously a legend in your own mind...
I never said I was proud of it. Simply stated how things used to be before hysteria set in amongst you ladies. You'd know that if you weren't a fuuckin retard but alas, you are a fuuckin retard.
You poor little man you definitely have some serious issues...
I’m surprised how many people seem to be holier than thou and pretend to never to have been under the influence of something while operating any vehicle......
I take it all back. I would NOT hire you for $1/hour and let you drink my urine for lunch.
One more lost opportunity for you.
Congrats, you didn’t kill an innocent. You likely can’t help yourself....texting while driving.
Typical liberal......no respect for anyone.
Originally Posted by Blackheart
I remember back before MADD when DWI wasn't such a big deal. Cops pulled me over drunk a couple times back then. Asked me if I'd been drinking and I admitted I had, more than a couple, and was headed for home. Both times they asked me where I lived and then told me to get back in my car, drive slow and they'd follow me home. No tickets involved.
Presumptuous cock sucker too aren't you ? FYI, I don't text at all, while driving or otherwise and my driving record is clean as a whistle to this day. Quite likely I'm more employable than you are so don't worry, you can drink all the piss. I won't be needing it.
I disagree... dont text? That lacking communication skills and shows you dont adapt... it also says your probably old as [bleep]... and age discrimination is more real than face tattoo discrimination these days. No one wants an old geezer that cant figure out a cell phone! For [bleep] sake, Ive done millions of dollars of business transactions via text...
Never said I couldn't, just said I don't. I am getting old but not as old as most here. I don't give a shyt what you've done via text or otherwise. Nor do I give a damn what you do or don't agree with.
By you simply replying, indicates otherwise...
Since my previous response was obviously too much for you to cypher I'll simplify. GFY you insignificant little peeon..
Is it legal to drink alcohol and drive? The answer is NO. Period!!! Have I done it? Answer is yes. Am I proud of it like Blackshart ??? Answer is NO!!! Actually I’m ashamed of my lack of judgment and stupidity.
Carry on Blackshart. You’re obviously a legend in your own mind...
I never said I was proud of it. Simply stated how things used to be before hysteria set in amongst you ladies. You'd know that if you weren't a fuuckin retard but alas, you are a fuuckin retard.
You poor little man you definitely have some serious issues...
One of them is being a fuuckin retard.... because when you make a statement, then use an interjection, and a proclamation all in the same sentence body only using comma’s.... the sentence structure is 100000% wrong... which wouldn’t typically be pointed out or funny, but declaring someone is a [bleep] retard twice in that same marvelous masterpiece of an extremely failing basic english structure... well... what can I say.
I take it all back. I would NOT hire you for $1/hour and let you drink my urine for lunch.
One more lost opportunity for you.
Congrats, you didn’t kill an innocent. You likely can’t help yourself....texting while driving.
Typical liberal......no respect for anyone.
Originally Posted by Blackheart
I remember back before MADD when DWI wasn't such a big deal. Cops pulled me over drunk a couple times back then. Asked me if I'd been drinking and I admitted I had, more than a couple, and was headed for home. Both times they asked me where I lived and then told me to get back in my car, drive slow and they'd follow me home. No tickets involved.
Presumptuous cock sucker too aren't you ? FYI, I don't text at all, while driving or otherwise and my driving record is clean as a whistle to this day. Quite likely I'm more employable than you are so don't worry, you can drink all the piss. I won't be needing it.
I disagree... dont text? That lacking communication skills and shows you dont adapt... it also says your probably old as [bleep]... and age discrimination is more real than face tattoo discrimination these days. No one wants an old geezer that cant figure out a cell phone! For [bleep] sake, Ive done millions of dollars of business transactions via text...
Never said I couldn't, just said I don't. I am getting old but not as old as most here. I don't give a shyt what you've done via text or otherwise. Nor do I give a damn what you do or don't agree with.
By you simply replying, indicates otherwise...
Since my previous response was obviously too much for you to cypher I'll simplify. GFY you insignificant little peeon..
Your using the wrong word, cypher doesn’t fit there you fuuckin retard.
Is it legal to drink alcohol and drive? The answer is NO. Period!!! Have I done it? Answer is yes. Am I proud of it like Blackshart ??? Answer is NO!!! Actually I’m ashamed of my lack of judgment and stupidity.
Carry on Blackshart. You’re obviously a legend in your own mind...
I never said I was proud of it. Simply stated how things used to be before hysteria set in amongst you ladies. You'd know that if you weren't a fuuckin retard but alas, you are a fuuckin retard.
You poor little man you definitely have some serious issues...
One of them is being a fuuckin retard.... because when you make a statement, then use an interjection, and a proclamation all in the same sentence body only using comma’s.... the sentence structure is 100000% wrong... which wouldn’t typically be pointed out or funny, but declaring someone is a [bleep] retard twice in that same marvelous masterpiece of an extremely failing basic english structure... well... what can I say.
I used to like knockin punkass nerds like you around when I was younger. Your type hasn't changed.
I take it all back. I would NOT hire you for $1/hour and let you drink my urine for lunch.
One more lost opportunity for you.
Congrats, you didn’t kill an innocent. You likely can’t help yourself....texting while driving.
Typical liberal......no respect for anyone.
Originally Posted by Blackheart
I remember back before MADD when DWI wasn't such a big deal. Cops pulled me over drunk a couple times back then. Asked me if I'd been drinking and I admitted I had, more than a couple, and was headed for home. Both times they asked me where I lived and then told me to get back in my car, drive slow and they'd follow me home. No tickets involved.
Presumptuous cock sucker too aren't you ? FYI, I don't text at all, while driving or otherwise and my driving record is clean as a whistle to this day. Quite likely I'm more employable than you are so don't worry, you can drink all the piss. I won't be needing it.
I disagree... dont text? That lacking communication skills and shows you dont adapt... it also says your probably old as [bleep]... and age discrimination is more real than face tattoo discrimination these days. No one wants an old geezer that cant figure out a cell phone! For [bleep] sake, Ive done millions of dollars of business transactions via text...
Never said I couldn't, just said I don't. I am getting old but not as old as most here. I don't give a shyt what you've done via text or otherwise. Nor do I give a damn what you do or don't agree with.
By you simply replying, indicates otherwise...
Since my previous response was obviously too much for you to cypher I'll simplify. GFY you insignificant little peeon..
Your using the wrong word, cypher doesn’t fit there you fuuckin retard.
It fits perfectly you dumb son of a bitch. My first response was not in code. To anybody but you that is.
Typical liberal response from dope-smokin’ Colorado.
Originally Posted by antelope_sniper
Originally Posted by jnyork
You boys play nice now.
That's funny.
Blackheart, Fubarsky, and Miketheliberal Warner all on the same thread??
You just know that's going to be a chitshow.
Get it right. That's libertarian, not liberal. You know, small government, stay out of peoples business, let people live their lives as they see fit. You should try it sometime.
Is it legal to drink alcohol and drive? The answer is NO. Period!!! Have I done it? Answer is yes. Am I proud of it like Blackshart ??? Answer is NO!!! Actually I’m ashamed of my lack of judgment and stupidity.
Carry on Blackshart. You’re obviously a legend in your own mind...
I never said I was proud of it. Simply stated how things used to be before hysteria set in amongst you ladies. You'd know that if you weren't a fuuckin retard but alas, you are a fuuckin retard.
You poor little man you definitely have some serious issues...
I knew a cop that would sit and watch the drunks walk out of a bar, obviously intoxicated. He would wait until they got in their car and start it before arresting them.
Thus they were charged with DWI vs being charged with Public Intoxication if he'd arrested them before getting in the car.
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.
Money probably swapped hands for the drunks to get a pass.
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.
Money probably swapped hands for the drunks to get a pass.
That’s a foreign idea to you, isn’t it? Male – male swapping money, instead of body fluids….
I think to settle this "argument" some seem to be having regarding who is capable of driving at what BAC, the gooberment should require baseline testing of everyone applying for a license, even non-drinkers (they might decide to take it up before their license expires).
Simple function testing might suffice. Coupla drinks, test BAC, put the pegs in the holes in x amount of time, walk this line, take the car out on the crash pad for spin. If one passes, they get another drink (Costco has some vodka I hear, for a good price, keep the costs down), another BAC test, and so on until they fail.
That way, if they are seemingly unimpaired at the old limit of 0.1 or whatever it was in your state, they could still drive. If they are a real alcoholic, who has developed some tolerance for lets say a six pack in an hour or so, ,maybe they can actually still function at 0.15 or even 0.2. Why should they be limited by an arbitrary number based on the rest of the population?
Of course, all this baseline testing will come at a cost, to be determined by the Commissioners who run your State's DMV. Those costs will have to include administrative "fees" and there will be more gooberment employees and the associated salaries and benefits for them (good job creation program, no?)
I know when I was a drinking man I operated in life at way more than a 0.08 level as established now. Why should drinkers nowadays be limited to that number?
Get the best, nastiest, and most feared lawyer in the area. Then tell her you will tan her hide if she ever thinks about doing it again. If it is a first offense, and she doesn't have anything else on her record, a good attorney can probably get it reduced to reckless with a fine.
Okay, who's drinking and driving tonight? You know who you are. So cool.
Well, I don't drink...................but I'm not going out driving.
No one knows anything about the dreaded Coronavirus. That stuff might just be drifitn' around out there near where people live. I live out near the end of the road, so very few neighbors to act as vectors, so I'm kind of in isolation. I'm not sure we have enough TP to handle getting a case of it now, so I'm limiting trips out "past the wire".
Reckless is no joke. One of the most serious charges actually.
1st offenders here usually get ARD a decent fine, counseling, And some funky deal with their record. the DUI isn't on their record. Unless they get another. Then the first shows up.
A reckless will cause insurance bills you can't begin to imagine.
Reckless is no joke. One of the most serious charges actually.
1st offenders here usually get ARD a decent fine, counseling, And some funky deal with their record. the DUI isn't on their record. Unless they get another. Then the first shows up.
A reckless will cause insurance bills you can't begin to imagine.
Oh yes I can.
By wife's gotten a few DWA's (Driving while Asian), also known as careless driving. Ok, not Reckless, but each time she go the maximum fine...
I handled hundreds of DUI cases as a prosecutor and tried a few. Get her case evaluated by a local attorney, sometimes the cops make procedural mistakes and you'll never know if you don't seek professional help. If nothing else, a good lawyer will help her cut a deal with the prosecutor.
I am sure they can. I have a older brother that never did a night in jail until his 8th DUI, then he did 18 months. He could always afford the best of lawyers..
He now has 13 DUI's to his name, had to leave his home state to avoid prison and of course they will not extradite him on the charges, they don't want him back in their state. He's recently found he is banned from having a drivers licenses in any state due to his driving history and he if furious about it. He has been hiring lawyers and fighting it.
He just got a driving with no licence charge and did 10 days for it, that is the only time he has ever served other that 18 months he did after his 8th.
I haven't any idea how he has never killed anyone driving. All his DUI related accidents have been single vehicle.
I seldom see him and avoid the subject of his driving issues when I do see him. I once asked him exactly how many DUI's he had. He gave me a schitty smirk and and asked "arrested for or prosecuted for?" I didn't respond and the topic was closed.
sparky,
has your family tried an intervention or anything to attempt to help your bro?
Certainly sounds as though he needs it, before he does kill someone or himself.
Best wishes for him, you, and the rest of your family.
Reckless is no joke. One of the most serious charges actually.
1st offenders here usually get ARD a decent fine, counseling, And some funky deal with their record. the DUI isn't on their record. Unless they get another. Then the first shows up.
A reckless will cause insurance bills you can't begin to imagine.
Oh yes I can.
By wife's gotten a few DWA's (Driving while Asian), also known as careless driving. Ok, not Reckless, but each time she go the maximum fine...
Do you warn friends and relatives to avoid them Asian wimmins now?
Why do folks continue to marry them?
I married a Mexican American gal...................don't think she ever even got a ticket for failure to use a turn signal. I know nothing at all since we've been together.
Does your wife drive a Mercedes Benz? I find Asian women in them cars to be the worst
Geno
PS, Just kidding. I feel for you and hope your insurance costs aren't too terribly high.
Reckless is no joke. One of the most serious charges actually.
1st offenders here usually get ARD a decent fine, counseling, And some funky deal with their record. the DUI isn't on their record. Unless they get another. Then the first shows up.
A reckless will cause insurance bills you can't begin to imagine.
Oh yes I can.
By wife's gotten a few DWA's (Driving while Asian), also known as careless driving. Ok, not Reckless, but each time she go the maximum fine...
Do you warn friends and relatives to avoid them Asian wimmins now?
Why do folks continue to marry them?
I married a Mexican American gal...................don't think she ever even got a ticket for failure to use a turn signal. I know nothing at all since we've been together.
Does your wife drive a Mercedes Benz? I find Asian women in them cars to be the worst
Geno
PS, Just kidding. I feel for you and hope your insurance costs aren't too terribly high.
My wife likes huge luxury SUV's. She's wrecked a GMC Suburban (twice), Lincoln Navigator, and Cadillac Escalade in that order. She's not allowed to drive my new Suburban I purchased after the Escalade.
But there's always a trade off when you marry a .223AI.
Reckless is no joke. One of the most serious charges actually.
1st offenders here usually get ARD a decent fine, counseling, And some funky deal with their record. the DUI isn't on their record. Unless they get another. Then the first shows up.
A reckless will cause insurance bills you can't begin to imagine.
Oh yes I can.
By wife's gotten a few DWA's (Driving while Asian), also known as careless driving. Ok, not Reckless, but each time she go the maximum fine...
Do you warn friends and relatives to avoid them Asian wimmins now?
Why do folks continue to marry them?
I married a Mexican American gal...................don't think she ever even got a ticket for failure to use a turn signal. I know nothing at all since we've been together.
Does your wife drive a Mercedes Benz? I find Asian women in them cars to be the worst
Geno
PS, Just kidding. I feel for you and hope your insurance costs aren't too terribly high.
My wife likes huge luxury SUV's. She's wrecked a GMC Suburban (twice), Lincoln Navigator, and Cadillac Escalade in that order. She's not allowed to drive my new Suburban I purchased after the Escalade.
But there's always a trade off when you marry a .223AI.
Gotcha.
Mine likes relatively small Toyotas.
Had to drive F-350s at work and hated it. Crowd the seat forward so she can reach the pedals. At 5'2" tall she damn near needs a stepladder to get in my Tacoma.
The cop in that case was a shickenchit. But she still needs a good lawyer.
I disagree. He was probably "notified" of the party via a dispatcher because it got loud or pissed off a neighbor who called it in. Your wife just happened to fall into the trap that was set when the neighbor called. You were right to have her give the test and ask for a blood test. Arranging for the test and setting it up is time consuming and her BAC would have gone down. A breath or urine test would have been done sooner and her BAC would have been higher. By Iowa Code we have to offer the breath test first. We only go after a blood test when we needed the evidence for a serious misdemeanor or above and the dependent was unconscious or probably needed an attorney for a Capitol offense. kwg
Reckless is no joke. One of the most serious charges actually.
1st offenders here usually get ARD a decent fine, counseling, And some funky deal with their record. the DUI isn't on their record. Unless they get another. Then the first shows up.
A reckless will cause insurance bills you can't begin to imagine.
Oh yes I can.
By wife's gotten a few DWA's (Driving while Asian), also known as careless driving. Ok, not Reckless, but each time she go the maximum fine...
Do you warn friends and relatives to avoid them Asian wimmins now?
Why do folks continue to marry them?
I married a Mexican American gal...................don't think she ever even got a ticket for failure to use a turn signal. I know nothing at all since we've been together.
Does your wife drive a Mercedes Benz? I find Asian women in them cars to be the worst
Geno
PS, Just kidding. I feel for you and hope your insurance costs aren't too terribly high.
My wife likes huge luxury SUV's. She's wrecked a GMC Suburban (twice), Lincoln Navigator, and Cadillac Escalade in that order. She's not allowed to drive my new Suburban I purchased after the Escalade.
But there's always a trade off when you marry a .223AI.
Gotcha.
Mine likes relatively small Toyotas.
Had to drive F-350s at work and hated it. Crowd the seat forward so she can reach the pedals. At 5'2" tall she damn near needs a stepladder to get in my Tacoma.
Geno
Mines 4'9"
She sits on a cushion on about a 3" in her little Buick suv.
I proposed a baseline test before granting a driver's license. See how much one can tolerate before becoming "impaired". Some folks were complaining they were being held to too low of a standard.
I proposed a baseline test before granting a driver's license. See how much one can tolerate before becoming "impaired". Some folks were complaining they were being held to too low of a standard.
I proposed a baseline test before granting a driver's license. See how much one can tolerate before becoming "impaired". Some folks were complaining they were being held to too low of a standard.
Geno
Rolling a joint blindfolded?
No, nothing so hard.
Cones in the parking lot, after a few drinks, maybe a lincoln log cabin building test under time constraints. Start with 2 drinks, test BAC, perform exercise, etc etc until one fails.
A good alky ought to get to about a 0.15. So they should be OK to drive at 0.1, right?
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
I think it all will boil down to her blood/alcohol level, if she was just barely over, an attorney has a good chance of getting it knocked tow to a wet & wreckace, if it's her first, if she was 2X I think you should save the money you will pay a lawyer, and put that toward the fine. Just my opinion.
I handled hundreds of DUI cases as a prosecutor and tried a few. Get her case evaluated by a local attorney, sometimes the cops make procedural mistakes and you'll never know if you don't seek professional help. If nothing else, a good lawyer will help her cut a deal with the prosecutor.
I am sure they can. I have a older brother that never did a night in jail until his 8th DUI, then he did 18 months. He could always afford the best of lawyers..
He now has 13 DUI's to his name, had to leave his home state to avoid prison and of course they will not extradite him on the charges, they don't want him back in their state. He's recently found he is banned from having a drivers licenses in any state due to his driving history and he if furious about it. He has been hiring lawyers and fighting it.
He just got a driving with no licence charge and did 10 days for it, that is the only time he has ever served other that 18 months he did after his 8th.
I haven't any idea how he has never killed anyone driving. All his DUI related accidents have been single vehicle.
I seldom see him and avoid the subject of his driving issues when I do see him. I once asked him exactly how many DUI's he had. He gave me a schitty smirk and and asked "arrested for or prosecuted for?" I didn't respond and the topic was closed.
sparky,
has your family tried an intervention or anything to attempt to help your bro?
Certainly sounds as though he needs it, before he does kill someone or himself.
Best wishes for him, you, and the rest of your family.
Geno
Thanks for your show of concern. It's a long story, over the years he's been through a few of the best re-hab's. That's what kept him out of jail, deals with the courts and good lawyers.
He could be a poster child for DUI Lawyer advertisement.
He is a highly functional drunk in total denial of his drinking even slightly being an issue he needs to deal with. All in all, he drinks really well, it's just the driving he has issues with.
Closest he ever came to being sober any length of time other than his 18 months in prison was a 6 month stay in the hospital after slamming his Harley into a stone wall. Busted his head open real good, they couldn't do anything for him for days due to needing to give his body time for detoxification. After the 6 month stay in the hospital he slowly got back to his regular drinking over the 18 months it took him to heal up. Still just wears a do-rag when he rides. There is on and off Coke issues as well.
That accident left him with traumatic brain injuries he will be dealing with the rest of his life. It's added a new slightly humorous characteristic to his personality, he's a little goofy now.
Has a BMW car and a Harley sitting at home, family says he doesn't drive that much, just to the grocery and golf course now days. The family he has drawn close to are some of the most supportive enablers on earth.
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
No excuses for driving drunk. She should have been thinking about her career and reputation, not to mention public safety. Thank god that cop was watching. She could have killed somebody.
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
She had been drinking, if it was even a close guess she might be over your states limit I think I'd have advised to refuse the test at the PD, delay the blood test for 2-hours, pass that blood test, and loose her license for a year. Take Uber for 12-months. Small price to pay compared to what she may now face.
But whatever happens, you'll want a good lawyer and work to plead it down or gone.
Those types of comments will get you lambasted by the dunderhead drinking liberals on this forum. Liberals believe they are the only occupants on this planet, or the only occupants that actually matter. Accountability.....nope.
BAC limits are too low.....but some real idiots drove vehicles last night.
Originally Posted by OAM
No excuses for driving drunk. She should have been thinking about her career and reputation, not to mention public safety. Thank god that cop was watching. She could have killed somebody.
Those types of comments will get you lambasted by the dunderhead drinking liberals on this forum. Liberals believe they are the only occupants on this planet, or the only occupants that actually matter. Accountability.....nope.
BAC limits are too low.....but some real idiots drove vehicles last night.
Originally Posted by OAM
No excuses for driving drunk. She should have been thinking about her career and reputation, not to mention public safety. Thank god that cop was watching. She could have killed somebody.
Yep, many good folks are getting their lives screwed over for having 2 glasses of wine at a Christmas party. It's a money maker for the state and lieberal lowyers however.
Those types of comments will get you lambasted by the dunderhead drinking liberals on this forum. Liberals believe they are the only occupants on this planet, or the only occupants that actually matter. Accountability.....nope.
BAC limits are too low.....but some real idiots drove vehicles last night.
Originally Posted by OAM
No excuses for driving drunk. She should have been thinking about her career and reputation, not to mention public safety. Thank god that cop was watching. She could have killed somebody.
Yep, many good folks are getting their lives screwed over for having 2 glasses of wine at a Christmas party.
Once again, blame an overreaching Fed for that. Don't want to lower your State's BAC to 0.08............goodbye federal highway funds. In all honesty, .08s don't get hooked often and those cases (at least locally) generally don't survive prosecution.
.08 is stupid low and I mentioned that early in this thread. It is currently all about revenue, not safety.
But there is still no excuse for a .23....even if you’re only 2 miles from home. You have other vehicles, property, even your own passengers.
Originally Posted by jaguartx
Originally Posted by MIKEWERNER
Those types of comments will get you lambasted by the dunderhead drinking liberals on this forum. Liberals believe they are the only occupants on this planet, or the only occupants that actually matter. Accountability.....nope.
BAC limits are too low.....but some real idiots drove vehicles last night.
Originally Posted by OAM
No excuses for driving drunk. She should have been thinking about her career and reputation, not to mention public safety. Thank god that cop was watching. She could have killed somebody.
Yep, many good folks are getting their lives screwed over for having 2 glasses of wine at a Christmas party. It's a money maker for the state and lieberal lowyers however.
That depends, doesn’t it. A .08 that is curb to curb? Four tires in the air? Video evidence.....lots of variables and it depends on the SA.
In 20+ years I've never seen a 'curb-curb' 0.08. If wager most .08s are picked up on stops for 'other' reasons (speed, etc). Further, unless an individual is a very inexperienced drinker, an .08 isn't likely to be terrible I'm SFTs. Personally, I'm not looking for an .08 when I'm out there I'm not saying there aren't exceptions, but they're definitely not the norm.
I proposed a baseline test before granting a driver's license. See how much one can tolerate before becoming "impaired". Some folks were complaining they were being held to too low of a standard.
my younger brother is a RN and he's had to fight two dui over the yrs, so he wouldn't lose his nursing license. cost him a lot of money. both times just borderline over the limit. his lawyer beat both in court.
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.
In my opinion operating a motor vehicle while under the influence of alcohol is illegal.
But you spin it.... Whatever helps you sleep at night.
But, don't ever say anything about people who make excuses for their criminal family members.
Wrong is wrong.
So is riding your John deer mower while drinkin a few beers , mowing your lawn on your property, while technically illegal in many states... is that wrong because it is against the "law" ?
Some people need to get a life and mind their own business.....
I handled hundreds of DUI cases as a prosecutor and tried a few. Get her case evaluated by a local attorney, sometimes the cops make procedural mistakes and you'll never know if you don't seek professional help. If nothing else, a good lawyer will help her cut a deal with the prosecutor.
WH,
In your experience as a prosecutor, of the hundreds of DUI cases that crossed your desk, what portion were "Obvious BS"?
Hard to put a number on it but there were plenty. Easiest way to determine whether a case was BS would be the arresting officer. We had a couple who did hundreds of arrests per year.
Funny thing was that lots of the cases with borderline BACs (right around 0.08) were often the most trashed on the dash cam videos. I always assumed these were people who didn’t drink very often. The pros who got trashed every night would blow a 0.2 and look and speak fine.
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.
In my opinion operating a motor vehicle while under the influence of alcohol is illegal.
But you spin it.... Whatever helps you sleep at night.
But, don't ever say anything about people who make excuses for their criminal family members.
Wrong is wrong.
So is riding your John deer mower while drinkin a few beers , mowing your lawn on your property, while technically illegal in many states... is that wrong because it is against the "law" ?
Some people need to get a life and mind their own business.....
Who?
The guy who posted his family business online, or the guy who posted directly to him?
Or maybe the guy who just inserted himself into the conversation with some lawncare advise?
I don't think she was riding a lawn mower or cutting grass or touring a golf course. I think she was intentional in her actions. Operate a vehicle on a public roadway after drinking.
actually its simple.. you get a DUI . stop bitching, pay the fine, move on,, the fines are BIG so you wont do it again. if it were $10.00 she would pay it and do it again until she killed someone. don't say she wouldent do it again, she did it already. so sorry to have to tell you that..
It's really simple, don't drink and drive....on public property. I feel you should be able to drink and drive on your own property if you choose to.
I agree with this.... this nanny state bullsheit has gone too far.... The cop could have simply blocked the driveway preventing her from leaving, told her to shut off the vehicle stay home and sober up. He was a chickenshit revenuer.
.08 is stupid low and I mentioned that early in this thread. It is currently all about revenue, not safety.
But there is still no excuse for a .23....even if you’re only 2 miles from home. You have other vehicles, property, even your own passengers.
Originally Posted by jaguartx
Originally Posted by MIKEWERNER
Those types of comments will get you lambasted by the dunderhead drinking liberals on this forum. Liberals believe they are the only occupants on this planet, or the only occupants that actually matter. Accountability.....nope.
BAC limits are too low.....but some real idiots drove vehicles last night.
Originally Posted by OAM
No excuses for driving drunk. She should have been thinking about her career and reputation, not to mention public safety. Thank god that cop was watching. She could have killed somebody.
Yep, many good folks are getting their lives screwed over for having 2 glasses of wine at a Christmas party. It's a money maker for the state and lieberal lowyers however.
My wife's an addictions counselor.
The vast majority of BAC's she see come through are much closer to you ladder number, the 0.23 then the former.
I handled hundreds of DUI cases as a prosecutor and tried a few. Get her case evaluated by a local attorney, sometimes the cops make procedural mistakes and you'll never know if you don't seek professional help. If nothing else, a good lawyer will help her cut a deal with the prosecutor.
WH,
In your experience as a prosecutor, of the hundreds of DUI cases that crossed your desk, what portion were "Obvious BS"?
Hard to put a number on it but there were plenty. Easiest way to determine whether a case was BS would be the arresting officer. We had a couple who did hundreds of arrests per year.
Funny thing was that lots of the cases with borderline BACs (right around 0.08) were often the most trashed on the dash cam videos. I always assumed these were people who didn’t drink very often. The pros who got trashed every night would blow a 0.2 and look and speak fine.
Thanks WH. I was hoping the answer would be "very few" or something of that nature, but, on the other hand, I appreciate your willing to call out the BS, and how you are able to identify it. Constitutionally minded prosecutors are one of the most important checks in our system.
Thanks WH. I was hoping the answer would be "very few" or something of that nature, but, on the other hand, I appreciate your willing to call out the BS, and how you are able to identify it. Constitutionally minded prosecutors are one of the most important checks in our system.
Thanks.[/quote]
I took my oath seriously and tried my best to do the right thing. I never agreed with the "score" mentality that some of my colleagues and most of the cops seemed to have. The good news was that I worked with a very good judge who felt the same why that I did. Ultimately, I left the practice of law altogether since everyone that I seemed to deal with was a liar. Other lawyers, defendants, cops and even the victims-- pretty toxic way to live.
I took my oath seriously and tried my best to do the right thing. I never agreed with the "score" mentality that some of my colleagues and most of the cops seemed to have. The good news was that I worked with a very good judge who felt the same why that I did. Ultimately, I left the practice of law altogether since everyone that I seemed to deal with was a liar. Other lawyers, defendants, cops and even the victims-- pretty toxic way to live.
Thanks WH. I was hoping the answer would be "very few" or something of that nature, but, on the other hand, I appreciate your willing to call out the BS, and how you are able to identify it. Constitutionally minded prosecutors are one of the most important checks in our system.
Thanks.
I took my oath seriously and tried my best to do the right thing. I never agreed with the "score" mentality that some of my colleagues and most of the cops seemed to have. The good news was that I worked with a very good judge who felt the same why that I did. Ultimately, I left the practice of law altogether since everyone that I seemed to deal with was a liar. Other lawyers, defendants, cops and even the victims-- pretty toxic way to live. [/quote]
80 % of the time the cops are dead on with their reports. Its not like it was 50 years ago, you and your family's decision will have an effect on your daughters life for the rest of her life. A conviction can have a large effect on future employment and education. Get a (trusted) lawyer if you can afford. If not, I wouldn't want to leave it up to a public defender, but if that's the only option don't make it difficult in trying to argue innocence against what might be both voice and video evidence. Try to work out a plea.
I took my oath seriously and tried my best to do the right thing. I never agreed with the "score" mentality that some of my colleagues and most of the cops seemed to have. The good news was that I worked with a very good judge who felt the same why that I did. Ultimately, I left the practice of law altogether since everyone that I seemed to deal with was a liar. Other lawyers, defendants, cops and even the victims-- pretty toxic way to live.
Lol
My BIL, a good cop of 32 years, felt the same way.
80 % of the time the cops are dead on with their reports. Its not like it was 50 years ago, you and your family's decision will have an effect on your daughters life for the rest of her life. A conviction can have a large effect on future employment and education. Get a (trusted) lawyer if you can afford. If not, I wouldn't want to leave it up to a public defender, but if that's the only option don't make it difficult in trying to argue innocence against what might be both voice and video evidence. Try to work out a plea.
Phil
80% is not very good.
If I was only "dead on" 80% of the time in my job, I'd be fired.
Most are when it comes to this type of thing. We had a cop who was a tenant of ours in Alaska, young guy, go-getter type. I bumped into him at the duplex and asked how his previous Friday night went on the job, his reply was astonishing, he said it was a terrible night, not a single DUI arrest!
I told him that was a GOOD THING. But he had financial motivations as a young cop.
He actually bought that duplex from us when we left AK.
Financial motivations? Was he getting a percentage per arrest?
Fyi you get paid the same, no matter how many or how few arrests you make.
Quotas? I can't say whether he received a bonus for 'x' # of collars, but he certainly acted like it.
Young man who hit her was about a mile and half from his home, quarter mile from The Tavern. He never recovered from it. Committed suicide years later.
I commend the cop who stopped her. She may never have to suffer the kind of guilt he did.
A very good atty, defended him and he ended up with a minimal charge.
Lost our daughter. Our whole family deeply scarred. Still evokes STRONG feelings/emotions. Young man's life ruined. Suicide. Probably far more ramifications then I'll ever know.
Young man who hit her was about a mile and half from his home, quarter mile from The Tavern. He never recovered from it. Committed suicide years later.
I commend the cop who stopped her. She may never have to suffer the kind of guilt he did.
A very good atty, defended him and he ended up with a minimal charge.
Lost our daughter. Our whole family deeply scarred. Still evokes STRONG feelings/emotions. Young man's life ruined. Suicide. Probably far more ramifications then I'll ever know.
If she were my daughter, I'd defend her and thank the cop. I realize that I come at this issue from a different perspective then most here. Jim
Your son was by earlier to pick up a couple rifles and I had considered bringing up the subject but nothing opened up so we never went there... cannot imagine dealing with it, but an uncle killed his younger brother in your area driving home down the lane to his own house. His brother lived with them and he found him in the AM,.
![[Linked Image from i.imgur.com]](https://i.imgur.com/QBdI8qh.jpg)
