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Author Topic: Beat DUI stop by drinking
Troberg
Angels Wii Have Heard on High


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quote:
When I lived in Sweden (where I was living up until eight years ago), I briefly knew two people who had been part of a similar incident. They were husband and wife, one was in jail (I believe on an 8 month sentence) and the other had served her time already (his sentence had been suspended until her release to enable them to not be in at the same time). Their son had at one point been in an accident after drinking (not tons, but certainly over the limit which doesn't take much in Sweden). He called them before the police arrived and they (jointly) told him that perhaps he could try to argue that he'd been drinking during the time he was waiting (shock and all that), thus making proving that he was drunk during the accident hard. He did, but then gave up his story during further questioning after he and his friends didn't manage to keep the rest of the story together. He also admitted that his parents had adviced him to tell it, figuring this wasn't a huge deal. It was, advicing someone to lie under investigation (i.e. commit a crime) was in fact worse under the law then the actual initial offense. Not a good outcome all around.
Which just proves that it is stupid to lie in an investigation unless you are 100% sure that you can keep your story straight and that no new fact will surface which will break it (which there almost always do, the police are not stupid just because they are idiots). In fact, this is a good rule in any situation.

I thought that parents could not be held responsible for trying to protect their children, but it may be that that law is removed. Perhaps it was never there, it may be that you can never be forced to testify against your children.

--------------------
/Troberg

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CreamyBoy
I'm Dreaming of a White Sale


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Troberg posted (my bold)
quote:
Which just proves that it is stupid to lie in an investigation unless you are 100% sure that you can keep your story straight and that no new fact will surface which will break it .....
I'm not sure the phrase "Which just proves that it is stupid to lie in an investigation." should be qualified with an "unless".
I'd say lying in an investigation is just stupid. [Frown]

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nod
I Saw Three Shipments


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Here's an idea!

If you're going to be drinking, DON'T DRIVE! Likewise, if you're going to be driving, DON'T DRINK!
If you NEED to drink to have a good time, get some help.

--------------------
Many a True Word Spoken in Jest!

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Seaboe Muffinchucker
Let There Be PCs on Earth


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I almost always drink when I'm out having a good time. My throat gets awfully dry otherwise---

Ooohhh. You mean don't drink alcohol.

Seaboe

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Education is not the filling of a hard drive, but the lighting of a bulb. -- Yeats via Esprise Me

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nod
I Saw Three Shipments


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Oops! Yes! Don't drink alcohol. Not drinking at all is a bad thing - dehydration can cause similar effects to booze.

Years ago, I wrote a reaction tester for a ZX81 (Was it really that long ago?) and was very surprised to see how much even one pint of 6% (ABV) cider (?applejack) slowed my reactions. In fact, the reaction time almost doubled after 1 pint and got far worse thereafter. Try it now on a videogame!

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Many a True Word Spoken in Jest!

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Seaboe Muffinchucker
Let There Be PCs on Earth


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I have to say, Justtgyk, I appreciate it a lot that you got it when I didn't even remember to use smilies or anything.

[Smile]

Seaboe

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Education is not the filling of a hard drive, but the lighting of a bulb. -- Yeats via Esprise Me

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emperor_genghis_khan
Deck the Malls


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quote:
Not that I drink and drive, but personally, my advise would be this:

Refuse the test, go downtown, get out, pay your ticket, let your license be suspended for a year, swallow your pride and let your spouse drive you to work, learn your lesson and dont drink and drive.

You'll save anywhere from 3 to 4 thousand dollars in the long run, ie. lawyers fees, repeated court costs, treatment costs, gas/time/trouble going to required places, and a host of other hidden costs that continually add up.

First off I know laws vary. But here in Puerto Rico, If I pull you over and you take a swig of a alcoholic drink I will, first off ticket you for whatever i pulled you over, ticket you for having the open bottle, arrest you and if you refuse to take a breath test it will cost you your licence for 2 years even if you are not drunk, and I have the power to take you to a hospital(all this while handcuffed) and have the nurse administer a blood test. This takes at most an hour from start to end meaning at most a drop of 0.02% on the BAC (legal limit here is 0.08. And the fines range from 2000 for first conveiciton to 6 months in jail 5000 fine and confiscation of the persons car for a 3rd conviction.

--------------------
Excuses satisfy only those who offer them. Your enemies won't believe them and your friends don't need them.

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I saw Mommy kismet Santa Claus
Happy Xmas (Warranty Is Over)


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Here in Houston, there was a guy who got off another way (pun intended). A co-worker was on the jury of this case.

The guy was swerving, cops pulled him over. He claimed he was not drunk, he had been receiving oral sex while driving. He argued with them for a while, then asked for a blood test rather than a breathalizer. He was just under the legal limit. The cops only wrote him up for DUI. The jury decided there was reasonable doubt as to whether he had been DUI, even though there was no doubt that he had been driving dangerously. He was found 100% not guilty. Makes me feel safe on the streets of my city, let me tell you!

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qualli
We Wish You a Merry Giftmas


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Kind of random question, but if the police are allowed to oder you out of the car, what do you do if you suspect that it might not be a real cop. I've always heard to call and confirm, but which is more important to the cop, get out of the car, or make sure the cop is legit?

I've heard (UL alert) that a man was pulled over by the cops, he turned on his caution lights, slowed down, and went about 5 miles to the nearest, well lit gas station, where he pulled over. he cop arrested him for "trying to run". I've always heard you should do this, but can they really arrest you?

--------------------
"I still say Obi-wan Kenobi was The Force's bitch."

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beaver_slayer
Deck the Malls


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In Ontario, you can be charged with trunk driving if you are drunk and sitting in the front row of a vehicle regardless of whether it is moving or not. I believe you won't get a ticket if your wife drives you from a pub (and you sit in a first row); however, the story as described definitely won't work.
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Hero_Mike
Happy Holly Days


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quote:
Originally posted by beaver_slayer:
In Ontario, you can be charged with trunk driving if you are drunk and sitting in the front row of a vehicle regardless of whether it is moving or not. I believe you won't get a ticket if your wife drives you from a pub (and you sit in a first row); however, the story as described definitely won't work.

This happened to my friend's father. He was drunk and knew it, so he pulled over in a rural area and decided to sleep it off *in the front seat*. Police came by several hours later, breathalyzed him and arrested him. He was still over the limit, and at trial it was argued that for where he was found, he had to have been over the limit *and* driving to get to where he pulled over and took a nap. He could not provide any proof that anyone else had been driving with him, or that he drank something after he stopped (i.e. he had no alcohol or empty containers in the car).

The "lesson" to be learned was that if you do pull over to sleep off your drinking, do it in the back seat, keys out of the ignition. This was, according to the trial, the way to avoid legal problems. But if you are alone in the car the same arguments could be made that there was no one else who could have been driving, nor that you did the driving while drunk. And if you own a regular cab pickup truck, there is no back seat.

I really hope to never have to find out if this is really rumour or fact...

--------------------
"The fate of *billions* depends on you! Hahahahaha....sorry." Lord Raiden - Mortal Kombat

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Troberg
Angels Wii Have Heard on High


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quote:
Kind of random question, but if the police are allowed to oder you out of the car, what do you do if you suspect that it might not be a real cop. I've always heard to call and confirm, but which is more important to the cop, get out of the car, or make sure the cop is legit?

I've heard (UL alert) that a man was pulled over by the cops, he turned on his caution lights, slowed down, and went about 5 miles to the nearest, well lit gas station, where he pulled over. he cop arrested him for "trying to run". I've always heard you should do this, but can they really arrest you?

At least here in Sweden, you are not only allowed to, you should stop in a safe place. Just make some sign to acknoledge the police car, then drive in a normal manner to a safe place to stop.

You can also, at your discretion, ask to see some form of ID and call the police station to have it verified.

--------------------
/Troberg

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Damian
We Wish You a Merry Giftmas


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quote:
Originally posted by Just_this_guy_you_know?:
Here's an idea!

If you're going to be drinking, DON'T DRIVE! Likewise, if you're going to be driving, DON'T DRINK!
If you NEED to drink to have a good time, get some help.

If you drink/drive, you are endangering my life. You deserve a punch in the face. [flame]

--------------------
"I always tell the truth. Even when I lie." - Tony Montana

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Seaboe Muffinchucker
Let There Be PCs on Earth


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quote:
Originally posted by Hero_Mike:
And if you own a regular cab pickup truck, there is no back seat.

Sure there is. It's called the truck bed. And let me tell you, it's a lot easier to sleep there than in the car.

In Washington state, the reason you can get a DUI when the vehicle is not moving is because by having the keys and being in the front seat, you are in control of the vehicle.

I don't have a problem with that law in the slightest.

Seaboe

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Education is not the filling of a hard drive, but the lighting of a bulb. -- Yeats via Esprise Me

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diddy
Markdown, the Herald Angels Sing


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quote:
Originally posted by qualli:
Kind of random question, but if the police are allowed to oder you out of the car, what do you do if you suspect that it might not be a real cop. I've always heard to call and confirm, but which is more important to the cop, get out of the car, or make sure the cop is legit?

I've heard (UL alert) that a man was pulled over by the cops, he turned on his caution lights, slowed down, and went about 5 miles to the nearest, well lit gas station, where he pulled over. he cop arrested him for "trying to run". I've always heard you should do this, but can they really arrest you?

Well im pretty sure that most cops that pull you over for traffic citatations arent driving in unmarked cars but if they are, im very sure you can ask to see a badge # and ask if you can verify their identity. If its an unmarked car im sure they would allow it. Marked cars though the cop would probably be less willing since its obviously real.

--------------------
W.W.F.S.M.D?
But this image of Bush as some sort of Snidely Whiplash tying the fair maiden to the railroad tracks is beyond the pale. - Joe Bentley

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Troberg
Angels Wii Have Heard on High


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Don't be so sure of that, here in Sweden there was a gang of robbers who specialised in masquerading as police officers, complete with fake/stolen cars.

--------------------
/Troberg

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noreen
We Three Blings


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quote:
Originally posted by snopes:
Comment: This is cut from an e-mail forwarded to me... wanted to see if
this is works/has happened:

-----------------------------------

Hey, I thought you guys would get a kick out of this. My friends brother
was coming home from the bar two nights ago, after having a few beers
(more than enough to put him over the legal limit). He must have been
swerving because a police car saw him and pulled him over.

What he did next is classic. While the cop was in the car behind him, he
took the keys out, held them up and dropped them so the cop could see that
they were out of the ignition. Then he took a bottle of vodka that he had
in his back seat, opened it, and took three huge gulps in plain sight of
the cop.

The came up running up to the car, but there was nothing he could do. He
gave him an open alcohol ticket and that was it. He couldn't even test
him for driving while intoxicated. The guy called his friend to come and
give him a ride home, and got his car the next day. Saved himself a lot
of money.

I first heard this 'advice' almost 40 years ago.

--------------------
"No matter what kind of a twisted sexual mutant you happen to be, you've got millions of pals out there. Type in 'Find people that have sex with goats that are on fire' and the computer will say, 'Specify type of goat.'"

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diddy
Markdown, the Herald Angels Sing


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quote:
Originally posted by Troberg:
Don't be so sure of that, here in Sweden there was a gang of robbers who specialised in masquerading as police officers, complete with fake/stolen cars.

I was referring to the US since I have no knowledge of criminal activities in Sweeden. Ive never heard of something like this in the US since it would be far more work than it would be worth.

I still cant understand why a cop would object to having his identity confirmed via cell phone.

--------------------
W.W.F.S.M.D?
But this image of Bush as some sort of Snidely Whiplash tying the fair maiden to the railroad tracks is beyond the pale. - Joe Bentley

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Ulkomaalainen
Jingle Bell Hock


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Probably he would be annoyed if it is a clear stalling technique. I have no idea of how long this qould take, though.

Other advice: criminals who get hold of a whole police car plus uniforms plus badges have some methods of stopping you if they want. Better play their game anyway, don't think you're safe just because you don't open the car door.

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Movie characters never make typing mistakes.

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Roadie
Little Sales Drummer Boy


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quote:
Originally posted by emperor_genghis_khan:
First off I know laws vary. But here in Puerto Rico, If I pull you over and you take a swig of a alcoholic drink I will, first off ticket you for whatever i pulled you over, ticket you for having the open bottle, arrest you and if you refuse to take a breath test it will cost you your licence for 2 years even if you are not drunk, and I have the power to take you to a hospital(all this while handcuffed) and have the nurse administer a blood test. This takes at most an hour from start to end meaning at most a drop of 0.02% on the BAC (legal limit here is 0.08. And the fines range from 2000 for first conveiciton to 6 months in jail 5000 fine and confiscation of the persons car for a 3rd conviction.

EGK, is there an open container law in PR? I was under the (apparently misguided) perception that there wasn't one. Thank goodness you didn't pull me over! While our drivers were always sober, the rest of us certainly weren't! My cousins who live there told me it wasn't illegal for the passengers to imbibe in the car.

ETA: With the way Puerto Ricans drive, how can you tell who is drinking? [Wink]

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"The little local company I buy from has CHEAP shipping and I have met their goats." (snapdragonfly)

"And that's one lost erection I'll never get back! You hear me Dan! I'm owed an erection!" (I'mNotDedalus)

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NickFun
I'll Be Home for After Christmas Sales


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A better course of action. Right before taking the breathalyzer test - belch! They have to wait 15 minutes after you belch in order to get a correct reading. After 10 minutes belch again. I have heard this has worked succesfully.

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"I know how hard it is for you to put food on your family." —George W. Bush, Greater Nashua, N.H., Jan. 27, 2000

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NickFun
I'll Be Home for After Christmas Sales


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I posted here. Why does my post show up in my list but I don't see it here?

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"I know how hard it is for you to put food on your family." —George W. Bush, Greater Nashua, N.H., Jan. 27, 2000

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diddy
Markdown, the Herald Angels Sing


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quote:
Originally posted by NickFun:
I posted here. Why does my post show up in my list but I don't see it here?

If your using Firefox or netscape you might be affected by the cache issue. You can hold shift and reload the page and your post will appear just fine

--------------------
W.W.F.S.M.D?
But this image of Bush as some sort of Snidely Whiplash tying the fair maiden to the railroad tracks is beyond the pale. - Joe Bentley

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diddy
Markdown, the Herald Angels Sing


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quote:
Originally posted by NickFun:
A better course of action. Right before taking the breathalyzer test - belch! They have to wait 15 minutes after you belch in order to get a correct reading. After 10 minutes belch again. I have heard this has worked succesfully.

I doubt that its really true, but if they think your stalling they can just haul you in to get a blood test. Cops will still smell teh alcohol and the ammount of time that passes wont have any affect on your BAC. And blood tests are definitive.

A person said on another forum that the breathalizer is the nail in the coffin. They are allready suspicious that you are driving drunk if they feel teh need to pull you over.

--------------------
W.W.F.S.M.D?
But this image of Bush as some sort of Snidely Whiplash tying the fair maiden to the railroad tracks is beyond the pale. - Joe Bentley

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Thera
I Saw Three Shipments


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I have a business card with info from a very good DUI lawyer who is a friend of my boss. According to him, when the officer approaches your car and starts asking questions, all you have to do is say, "I will not answer any questions without my lawyer present."

If the officer asks you even one more question - which nowadays the camera will catch on tape - you will automatically get off.

This is in Georgia.

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Pogue Ma-humbug
Happy Christmas (Malls are Open)


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quote:
Originally posted by Thera:
I have a business card with info from a very good DUI lawyer who is a friend of my boss. According to him, when the officer approaches your car and starts asking questions, all you have to do is say, "I will not answer any questions without my lawyer present."

If the officer asks you even one more question - which nowadays the camera will catch on tape - you will automatically get off.

This is in Georgia.

That's not true at all. He still has the evidence of your poor driving and your actions during the stop. And he can still demand that you take a BA test -- although in some states, you have the right to refuse, but it's an extra penalty.

Pogue

--------------------
Let's drink to the causes in your life:
Your family, your friends, the union, your wife.

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Joe Bentley
Ding Dong! Merrily on High Definition TV


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quote:
Originally posted by Thera:
I have a business card with info from a very good DUI lawyer who is a friend of my boss. According to him, when the officer approaches your car and starts asking questions, all you have to do is say, "I will not answer any questions without my lawyer present."

If the officer asks you even one more question - which nowadays the camera will catch on tape - you will automatically get off.

This is in Georgia.

Miranda Rights only state that the person being arrested has the right to remain silent, it says nothing about the arresting officer or any other law enforcement offical. The officer can yake away all he wants, ask you anything. Miranda Rights only state that you don't have to respond.

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"Existence has no pattern save what we imagine after staring at it for too long." - Rorschach, The Watchmen

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GenYus
Away in a Manager's Special


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quote:
Originally posted by diddy:
quote:
Originally posted by NickFun:
A better course of action. Right before taking the breathalyzer test - belch! They have to wait 15 minutes after you belch in order to get a correct reading. After 10 minutes belch again. I have heard this has worked succesfully.

I doubt that its really true, but if they think your stalling they can just haul you in to get a blood test. Cops will still smell teh alcohol and the ammount of time that passes wont have any affect on your BAC. And blood tests are definitive.

A person said on another forum that the breathalizer is the nail in the coffin. They are allready suspicious that you are driving drunk if they feel teh need to pull you over.

That is true, but I think the time frame may be even longer. I was on a DUI trial here in Arizona. The breathalyzer portion of the evidence was thrown out because none of the cops had watched to be sure she hadn't belched before they did the breathalyzer test.

But you are correct that they will simply get a blood test if they can't do the breathalyzer test.

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IIRC, it wasn't the shoe bomber's loud prayers that sparked the takedown by the other passengers; it was that he was trying to light his shoe on fire. Very, very different. Canuckistan

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Eve MG
Happy Holly Days


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quote:
Originally posted by NickFun:
A better course of action. Right before taking the breathalyzer test - belch! They have to wait 15 minutes after you belch in order to get a correct reading. After 10 minutes belch again. I have heard this has worked succesfully.

My husband was on a jury for a DWI case, and the defendant tried this. They had him on video doing it in the police station, even saying things like, "Oh, I burped again." They still had enough evidence to find him guilty. (Which I was very happy about, as I thought the guy was a jerk for doing this.)

Am I the only one who keeps reading this title as "Beat DUI by stop drinking"? Cause that would work too. [Smile]

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I love dairy! Does that mean I can't be a vegan?

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Dark Blue
The First USA Noel


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quote:
Miranda Rights only state that the person being arrested has the right to remain silent, it says nothing about the arresting officer or any other law enforcement offical. The officer can yake away all he wants, ask you anything. Miranda Rights only state that you don't have to respond.

Ah, but if they request an attorney present for questioning (which is the other part of Miranda) and you ask questions without the lawyer present then there is a good chance that part of the evidence will get thrown out. At that point they have requested one of their rights and you pretty much arn't honoring it.

quote:
I have a business card with info from a very good DUI lawyer who is a friend of my boss. According to him, when the officer approaches your car and starts asking questions, all you have to do is say, "I will not answer any questions without my lawyer present."

I actually prefer my DUI suspects "lawyer up" It makes my paperwork easier, and really the questions don't make for as good evidence as does the behaviour, driving patterns, apperence, BAC etc. Even those that do answer my questions rarely admit to being intoxicate, drinking as much as they have, or feeling impaired. Some do, but most don't.

quote:
If the officer asks you even one more question - which nowadays the camera will catch on tape - you will automatically get off.

Not nesessarily. Only that portion of the evidence and any obtained from its "fruits". There is a lot of things that make up the evidence for DUI. Does it increase your chances of getting off? Sure, but it's not an automatic deal.

quote:
A better course of action. Right before taking the breathalyzer test - belch! They have to wait 15 minutes after you belch in order to get a correct reading. After 10 minutes belch again. I have heard this has worked succesfully.
Fortunately for me, AZ requires the driver to complete the tests which the officer chooses. The intoxilyzer just gives me an immediate result. I would much rather get blood. Slower results, but still there. If someone refuses the intoxilyzer or intentionally "delays" the testing I will simply get a search warrant, have their bood drawn. They still are considered to have refused the test by MVD and can kiss their license goodbye for a year.

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I'm a sheepdog. I live to protect the flock and confront the wolf. -- On Sheep, Wolves and Sheepdogs by LTC. Dave Grossman, USA (Ret)

Posts: 675 | From: Arizona | Registered: Jun 2003  |  IP: Logged | Report this post to a moderator
Damian
We Wish You a Merry Giftmas


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quote:
Ah, but if they request an attorney present for questioning (which is the other part of Miranda) and you ask questions without the lawyer present then there is a good chance that part of the evidence will get thrown out. At that point they have requested one of their rights and you pretty much aren't honoring it.
Is that right? Even though you've told the person he has the right to remain silent? Who came up with this stupid law?

Are you still required to "read them their rights", even though every person in the English speaking world knows them by now?

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"I always tell the truth. Even when I lie." - Tony Montana

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Black Belt and Socks
The First USA Noel


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quote:
Is that right? Even though you've told the person he has the right to remain silent? Who came up with this stupid law?

Are you still required to "read them their rights", even though every person in the English speaking world knows them by now?

In a word, yes.

BB&S

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"How dare your reality hinder my ability to believe what I want!" Joe Bentley

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diddy
Markdown, the Herald Angels Sing


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quote:
Originally posted by Damian:
quote:
Ah, but if they request an attorney present for questioning (which is the other part of Miranda) and you ask questions without the lawyer present then there is a good chance that part of the evidence will get thrown out. At that point they have requested one of their rights and you pretty much aren't honoring it.
Is that right? Even though you've told the person he has the right to remain silent? Who came up with this stupid law?

Are you still required to "read them their rights", even though every person in the English speaking world knows them by now?

Not everybody knows their rights, immagrants who are still learning english and are not familiar with their full rights for instance. Its a coverall. YOu are arresting them, they have know what they can and cannot do.

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W.W.F.S.M.D?
But this image of Bush as some sort of Snidely Whiplash tying the fair maiden to the railroad tracks is beyond the pale. - Joe Bentley

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emperor_genghis_khan
Deck the Malls


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quote:
Is that right? Even though you've told the person he has the right to remain silent? Who came up with this stupid law?
Yup just a way to protect the stupid I guess, although he can answer questions and the information can be used against him/her as long as the person understands that they do not have to answer.


quote:

I have a business card with info from a very good DUI lawyer who is a friend of my boss. According to him, when the officer approaches your car and starts asking questions, all you have to do is say, "I will not answer any questions without my lawyer present."

If the officer asks you even one more question - which nowadays the camera will catch on tape - you will automatically get off.

This is in Georgia.

this is iffy because you have to answer the questions pertaining to personal information. For example name, drivers permit the cars regristration, address et. al. if not and you have an evil cop like me [flame] you will probably find yourself in a cell on drunk driving, obstruction of justice and any other charges I can make stick

quote:

A better course of action. Right before taking the breathalyzer test - belch! They have to wait 15 minutes after you belch in order to get a correct reading. After 10 minutes belch again. I have heard this has worked succesfully.

For all the law here cares belch into the machine if you want [Smile]


quote:

EGK, is there an open container law in PR? I was under the (apparently misguided) perception that there wasn't one. Thank goodness you didn't pull me over! While our drivers were always sober, the rest of us certainly weren't! My cousins who live there told me it wasn't illegal for the passengers to imbibe in the car.

ETA: With the way Puerto Ricans drive, how can you tell who is drinking?

The law changes in 2004 making having any container with an alcoholic drink illegal. So they might have been right. And it does not matter if its the drivers drink or the passengers. And usually the drunk ones are the ones I watched leave the bar

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Excuses satisfy only those who offer them. Your enemies won't believe them and your friends don't need them.

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Joseph Z
Xboxing Day


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quote:

((The beginning of the story of taking alcohol again while the cop is coming to ticket you.))

Maybe this worked elsewhere, but in DC or Texas or a few other states, you would have been arrested off the spot.

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Joseph Z

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