Test results: Johnson's blood alcohol level was .072

[AbeBeta]

Horrible advice. Absolutely horrible. Unless you're completely sober.

In CA the suspension is automatic and the ancillary stuff is more harsh than a guilty conviction

 

[Bob Sacamano]

Horrible advice. Absolutely horrible. Unless you're completely sober.

^^^lawyer trying to pay his bills

don't refuse a breathalyzer and/or chemical test everyone

 

[AbeBeta]

^^^lawyer trying to pay his bills

don't refuse a breathalyzer and/or chemical test everyone

I thought theogt worked in finance

 

[Bob Sacamano]

I thought theogt worked in finance

I guess

 

[AbeBeta]

I guess

like I've said before -- hard to tell the professionals apart!

 

[Bob Sacamano]

like I've said before -- hard to tell the professionals apart!

you can't tell me apart, cuz you can't see me

professional hit-man, my specialty is knocking off ignorant posters

 

[Hoofbite]

I once had coach tell me that if I ever get pulled over do as follows.

don't say anything and don't take any test. Let them take you to the jail and sit you in a cell for a while. After some time has passed calmly come forward and offer a breath test. Because the arresting officer has to be present, its not worth his time to come all the way back and watch as you blow into the machine. Not only that but on the off chance he comes back, its been a couple of hours and you are much better off then to test on site.

Said you would lose your license for 6 months but you don't get a DUI which would most like result in a suspension anyway.

Don't know if its the way to go. Can't confirm it as I don't take the risk at all.

 

[ndanger]

you can't tell me apart, cuz you can't see me

professional hit-man, my specialty is knocking off ignorant posters

You either suck at or your not on your program cuz this place all up in them ignert posters.

 

[Bob Sacamano]

I once had coach tell me that if I ever get pulled over do as follows.

don't say anything and don't take any test. Let them take you to the jail and sit you in a cell for a while. After some time has passed calmly come forward and offer a breath test. Because the arresting officer has to be present, its not worth his time to come all the way back and watch as you blow into the machine. Not only that but on the off chance he comes back, its been a couple of hours and you are much better off then to test on site.

Said you would lose your license for 6 months but you don't get a DUI which would most like result in a suspension anyway.

Don't know if its the way to go. Can't confirm it as I don't take the risk at all.

that's the way to go about it, but out-right refusing to take one is not the way to go

 

[peplaw06]

Good info. How likely is that plea to a lesser charge though?

BTW - I thought the proper legal term was DUI rather than DWI. They don't teach you that at Pepperdine?

In CA it's DUI. But I practice in Texas, where it's DWI. Driving under the influence as opposed to driving while intoxicated. Basically the same thing.

A lesser charge is very likely if it's your first DWI/DUI offense and you have a pretty clean record. If it's a 2nd or 3rd offense or more, or if you have drug charges, etc., it's not so likely. In TX, they'll just plea you off on obstructing a highway and send you on your way. But you don't want to screw up again.

I'm dealing with a couple of these right now, but I'm still pretty new at it. We have a guy though who got charged with his first DWI and is your basic upstanding citizen... volunteers a lot and such. There's kind of an unwritten rule that if a defendant hires an attorney, the DA is supposed to give him a break... after all that's why the attorney was hired. If you could get the same deal without an attorney and not save yourself any money, no one would hire us... You know how we look out for each other... still.

Then we have a guy who's 83, and recently got charged with his 3rd DWI. A 3rd DWI is enhanced, and is supposed to be charged as a felony. But since he's 83... and hired us ... the DA refused to prosecute it as a felony. He said, "there was a defect in one of his previous offenses." No one wants to send an 83 year old guy to the klink for a DWI when he might die there.

 

[peplaw06]

^^^lawyer trying to pay his bills

don't refuse a breathalyzer and/or chemical test everyone

Maybe in your neck of the woods, but if you plan on trying to get out of it, a test will be the strongest evidence against you.

 

[Shango]

:write:

So have we signed him yet?

 

[peplaw06]

Hypothetical for some of the lawyers in this group....

Say I get pulled over and they want to test me for sobriety. Say I have nothing in my system because I haven't had a drink.

What would happen if I was to "mess" with the officer, like, fail to say the alphabet backwards correctly, fail the straight line test...but when it comes to the breathalyzer, pass with flying colors.

Obviously, I wouldn't get a ticket for anything alcohol related. But would I get a ticket for ****ing with the police?

I'm sure they'd come up with something to write you a ticket for. It may not be a DWI, but it's not a good idea to be a **** to the cops. It's fun... but not worth it.

 

[LittleBoyBlue]

While not legally drunk is there any question that he was impaired and therefore a danger to everyone on the road?

Yeah... like that newer commercial..... "buzzed" is dangerous....

 

[theogt]

I'm sure they'd come up with something to write you a ticket for. It may not be a DWI, but it's not a good idea to be a **** to the cops. It's fun... but not worth it.

Probably some obstruction of justice type charge.

 

[Bob Sacamano]

Maybe in your neck of the woods, but if you plan on trying to get out of it, a test will be the strongest evidence against you.

true, but the judge won't look too kindly on you if you refuse to take one

btw, my neck of the woods is Annapolis, MD, not exactly bumville

 

[AdamJT13]

What a great thread. Let's all discuss ways to get away with breaking the law and putting other people's lives at risk!

Pathetic.

 

[FuzzyLumpkins]

^^^lawyer trying to pay his bills

don't refuse a breathalyzer and/or chemical test everyone

Yeah people shouldnt take legal advice from lawyers but should rather listen to a part time waiter.

 

[Bob Sacamano]

Yeah people shouldnt take legal advice from lawyers but should rather listen to a part time waiter.

I've had a DUI charge, I talked to people, I did my research

try it sometime, you know, research before you speak

hack

yeah, that 4 month license suspension is going to really impress the judge :jerk:

 

[Bob Sacamano]

from a certified DUI lawyer

Q. Should I take the breathalyzer?

A. The answer is almost always yes.
If you don’t take the breathalyzer then the police can charge you with refusing to take the breathalyzer. This carries the same penalties as drunk driving, except jail time. It is also in addition to any sentence for drunk driving. For example, for a first time drunk driving offense you can lose your license for up to one year. And, if you refuse to take the breathalyzer, you can lose your license for up to one additional year! Thus, for a first time drunk driving offense and a refusal to take the breathalyzer, you are facing a loss of license for two years.

Another reason to take the breathalyzer is that it is very easy for the police to prove a refusal. The standard of proof is less - preponderance of the evidence - and anything other than an unequivocal yes is a refusal. It is harder for the police to prove the correct operation of the breathalyzer than a refusal to take the breathalyzer.

you're too easy FuzzyWuzzydoesn'thaveaclue