The best ovi lawyer in my little corner of here would charge him $1500 to 2000 for a 1st ovi and no operators license. A good bit more if it went to trial. Also, an attorney may tell someone not to submit to the breathalyzer because if you blow and blow over the limit, you lose a major opportunity to get a not guilty finding. Other than that, yeah, go ahead and blow.
When all is said and done more is said than done.
"Whatever you choose, however many roads you travel, I hope that you choose not to be a lady. I hope you will find some way to break the rules and make a little trouble out there. And I also hope that you will choose to make some of that trouble on behalf of women." - Nora Ephron
Don't forget, if you push it to a trial, nearly every crusier has a camera in it these days. Odds are very high the entire thing was recorded, and that tape will be shown to the jury. If you appear intoxicated, the trial is pretty much over.
"Whatever you choose, however many roads you travel, I hope that you choose not to be a lady. I hope you will find some way to break the rules and make a little trouble out there. And I also hope that you will choose to make some of that trouble on behalf of women." - Nora Ephron
I see where you are coming from here- but truthfully, they dont force you to blow, it's just if you don't, you get charged with aggravated DUI.
I think this is reasonable. The only way they can test your BAC is either a blood test or breathylyzer, it's not like you can test it next month, time is of the urgency.
I don't think there's a way the police can plant alcohol in your system to frame you- I just don't see the danger here.
I get the whole civil liberties point of view. It's just that also there is no constitutional right to drive a car on public roads either. I just think it should be quid pro quo...you drive on public roads, you agree to be given a breathalyzer at anytime. And if you blow under the legal limit, I would probably go as far to say the reading may not be used against you at all.
NM
Last edited by Dom Heffner; 02-27-2010 at 01:41 PM. Reason: Redundant LOL....
I understand the civil liberties angle but wouldn't it fall under probable cause? Cop notices the car weaving, pulls it over and the driver smells of alcohol, slurs his words and has bloodshot eyes he's going to think the driver is drunk. It'd be similar to the cops believing that something funny is going on in your house. They can ask you to search your house and you can agree or they have to get a warrant. You can refuse to take a breathalyzer just as you can refuse a search.
I realize that, and that's why I think I have a great case. On the video, I had a strong, noticeable limp, and in the cruiser, I was very coherent.
Police officers have quotas to meet. In February, it was more difficult to find drivers on the road due to the snow. I don't think it's a coincidence that the judge said, "Wow, eight DUIs?! I don't think I've ever seen that many."
I knew it was two or three, and I have since talked to some people and reviewed my bank account, and I came to the conclusion that it was three. I bought five drinks, four of which were alcoholic, and the fourth was for a friend of mine (who I was due to meet later on that night at the restaurant I was heading toward).
Yeah, I'm sure the police arrested you to meet a quota and not because you were asleep at the wheel, smelled like alcohol, and couldn't walk straight. Not to mention no insurance and a suspended license. To be honest, I'd be surprised if any of the other seven DUIs looked less guilty then you.
camis,
Ever get around to looking at what you were charged with?
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