Cops and professional coutesy
I can remember walking into the kitchen and seeing Wendy's wrappers all over the table and asking, "who ate all this?"
The wife looks at me and says "you ass, we did. Hell you were driving when we went thru the drive thru!"
I am glad I dont do that crap anymore. Looking back, we are lucky we didn't kill anyone or ourselves!
aint that the F'IN TRUTH !!!!!!!!
Ticket out of life is more along the lines of correctness!I think it's good that people don't drive drunk. About 2 years ago my band was recording in a rinky dink storage-space studio. I can't remember recording a single thing, yet I'm on tape doing it. All we'd do is get absolutely hammered and start our recording. I drove home 99% of the time from that studio, waking up having no idea how I even got home - it was the dumbest thing I could've ever done. Since then, even if I have a beer or two with my dad at the house, I'll give it an hour or so before I leave somewhere, especially being under 21 - BAC limit for me is .02.
Dont misunderstand I am in no way way condoning it, this was more about cops lying to another professional (public servent) for thier own benefit. There is alot of misinformation out there on this subject and people ASSume cops would tell them the truth when asked a direct question and not boldly lie.
Ok I've read the original post three times.....were is the lie??
Lemme repost "implied consent"
Florida's implied consent law states that any person who accepts the privilege of operating a motor vehicle within the state is, by so operating such vehicle, deemed to have given his or her consent to submit to an approved chemical test or physical test. These tests include, but are not limited to, an infrared light test of his or her breath for the purpose of determining the alcoholic content of his or her blood or breath if the person is lawfully arrested for any offense allegedly committed while the person was driving or was in actual physical control of a motor vehicle while under the influence of alcoholic beverages.
I have to edit this to add that the cops may have given these guys a way out by saying it's against the law to refuse a breathalyzer. It's against the law to refuse a BAT if you are a second time offender. First time offenders can refuse but it does come with conseqences as stated before.
If these cops did indeed tell these guys that it was "against the law to refuse a BAT" then a good lawyer will have grounds to dismiss the original charges based on coersion. I'm no lawyer but this one was bothering me so I did a shit load of research on it. There is case law out there stating this kind of circumstance and unfortunatley I can't find it!!
Additionally, Florida law stipulates that in DUI cases involving serious bodily injury or death, an officer may use reasonable force if necessary to require the driver to submit to the administration of a blood test. Even if you refuse, reasonable force may be used to draw blood for a BAC test under these circumstances.
Lemme repost "implied consent"
Florida's implied consent law states that any person who accepts the privilege of operating a motor vehicle within the state is, by so operating such vehicle, deemed to have given his or her consent to submit to an approved chemical test or physical test. These tests include, but are not limited to, an infrared light test of his or her breath for the purpose of determining the alcoholic content of his or her blood or breath if the person is lawfully arrested for any offense allegedly committed while the person was driving or was in actual physical control of a motor vehicle while under the influence of alcoholic beverages.
I have to edit this to add that the cops may have given these guys a way out by saying it's against the law to refuse a breathalyzer. It's against the law to refuse a BAT if you are a second time offender. First time offenders can refuse but it does come with conseqences as stated before.
If these cops did indeed tell these guys that it was "against the law to refuse a BAT" then a good lawyer will have grounds to dismiss the original charges based on coersion. I'm no lawyer but this one was bothering me so I did a shit load of research on it. There is case law out there stating this kind of circumstance and unfortunatley I can't find it!!
Additionally, Florida law stipulates that in DUI cases involving serious bodily injury or death, an officer may use reasonable force if necessary to require the driver to submit to the administration of a blood test. Even if you refuse, reasonable force may be used to draw blood for a BAC test under these circumstances.
Last edited by Shamus O'Toole; Nov 18, 2009 at 03:29 PM.
The consequenses is 30 days difference......What Im saying is tell them what the diiferences are, 60 days without a license if you submit....90 days if you dont submit. From one professional to another, that would be the right thing to do. The biggest difference is if you dont take it, you can beat it and that doesnt look good on thier arrest / conviction ratio. I deal with this daily, not just something I have pulled from my arse
When my family and I lived in Detroit, I first got caught drinking by the sheriff. I was with my buddy Willy Herstron, ol colored boy from down the road. We were 12, old sheriff rolled up, we tried to hide it, he said, you boys pour out beer and get you're tails home! I still remember the brand, Fitgers Beer. Talk bout some nasty stuff, But it wasnt a big deal back then. Ya gotta figure, this was 1980. If a sheriff catches a young boy with a bottle of Jack doing what boys do best and being curious, I feel bad for the parents, not the boy. I think "proffesional courtesy" is long gone and wont return with the new generation.
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a close personal friend of mine refused to test, had a terrible driving record previously, lost his license but with a good lawyer stayed out of trouble and had much lighter consequences than a friend I know who took it and failed. Luckily for him he has cleaned up his act since then, however his lawyer did tell him refusal to submit was the smartest thing he did that night.
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