Blinding attack of stupidity!!

Chauncey · 04-03-2006, 05:16 PM

Well, last night it finally happened: busted for DUI. I knew I shouldn't have driven, I ignored that little voice that was screaming at me all night long to not drive home but take a cab. Goddamnit I am fucking stupid!!

myself here...

Anyways, following home a couple buddies from the bar last night and the cherries and berries light up behind me. My first thought was "Your night just went from bad to worse." That's another story as to how it was bad to begin with. I immediately pull over and place my hands on the steering wheel. Cop walks up, asks for the usual, I hand it to him and then he asks the question, "Been drinking? I can smell it on ya." I answer in the affirmative, as it would do me no good to lie to the police. He pulls me out of the car, does the follow-the-pen, stand-on-one-foot-and-count-to-thirty and walk-and-turn tests. Pass 'em with no problem. Remember: I am being as polite and cooperative as humanly possible with the cop. He was actually pretty cool, he didn't get rough or assholish with me at all.

Out comes the Intoxilizer. I blow, he doesn't bother to tell me what the BAC is, and then a blood sample is taken. I wasn't comfortable at all with it, but I didn't feel like questioning him at this point. I'm drunk, driving, all that. He doesn't arrest me, take my license, impound my vehicle, doesn't even bother to write down what the BAC was on the citation. Basically the cop gives me a ticket which says DUI on the first line and then "following too closely" on the next line. I admit, I was tailgating my buddies. The "following too closely" is a civil offense, and the DUI is a criminal one, according to the ticket.

My question is: Since he didn't tell me or write on the ticket what the BAC was, didn't take my license (required by state law, by the way), impound my vehicle, or arrest me, do you think I can get the DUI charge dropped? I'm a first-time offender, only had three speeding tickets in all my life, and made a colossal error. Any help is appreciated greatly and yes, I've spoken to an attorney already.

NCGSXR · 04-03-2006, 05:20 PM

Not sure how AZ works, but I doubt he pulled out a Intoxilyzer as it is a machine that is the size of a small desk and has some very sensitive parts. He may have used a PBT in which case its not admissible in court.

If you were drunk he should have took you in and arrested you. Now, having said that in NC we can use the PBT to issue tickets for people that drive after drinking under the age of 21 (same as DWI, however you are under 21)

Chauncey · 04-03-2006, 05:21 PM

Quote:

Originally Posted by NCGSXR

Not sure how AZ works, but I doubt he pulled out a Intoxilyzer as it is a machine that is the size of a small desk and has some very sensitive parts. He may have used a PBT in which case its not admissible in court.

If you were drunk he should have took you in and arrested you. Now, having said that in NC we can use the PBT to issue tickets for people that drive after drinking under the age of 21 (same as DWI, however you are under 21)

Oh, I didn't know that about the Intoxilizer. I vaguely remember him telling me that it's used for testing BAC. After speaking to my attorney, he (lawyer) said that in AZ they "field release" you. Because I had no children in the car and was not involved in an accident, plus the fact that I was very cooperative, the cop let me go. Well, he gave me a ride home anyway AFTER he got my sunglasses and my Pepsi out of my truck for me. Weird huh?

NCGSXR · 04-03-2006, 05:26 PM

Quote:

Originally Posted by Chauncey

Oh, I didn't know that about the Intoxilizer. I vaguely remember him telling me that it's used for testing BAC. After speaking to my attorney, he (lawyer) said that in AZ they "field release" you. Because I had no children in the car and was not involved in an accident, plus the fact that I was very cooperative, the cop let me go. Well, he gave me a ride home anyway AFTER he got my sunglasses and my Pepsi out of my truck for me. Weird huh?

Different state different rules. Here we don't have to put you in jail if you have a sober friend that can some you from the jail (which is usually where my intoxilyzers are)

OFFICER737 · 04-03-2006, 05:32 PM

Kinda of weird there. TN. does it differently. If you peform adaquately on the field sobriety tasks they normally stop there unless they have a PBT then it is only an preliminary task as well. Most times if a person does well on the tasks they are released from the scene. If they perform badly and are charged with DUI then the car is towed and the person SHALL be taken into custody and is not eligible for bond for 4 hours. I guess every state is different and this one is new one on me.

kneedraggin650s · 04-03-2006, 06:48 PM

In MD, you can use a PBT only after your field tests are done. If you do badly on your field test then you arrested and taken to the nearest intox machine. You have the right to refuse to submit to the test, but if you do refuse your license is automatically gone for a year. Now once test is done depending on the suspects attitude and cooperation, they can either be released on personal recognisees or taken to jail.

Now if you do so so on your field test I use the PBT to help me determine how much you have to drink. A professional drinker can blow a .20 on a machine and pass the test no problem. I vary rarely use the PBT since you can't practice the Horizontal Gaze Nystagmus (eye test) and it is pretty accurate.

l3uddha · 04-03-2006, 06:52 PM

that does seem odd, but you should be happy you got off so lucky. just bite the bullet and admit ur mistake. if u got the DUI u were over the legal limit. dont drive drunk asshole...

Chauncey · 04-04-2006, 02:54 AM

Quote:

Originally Posted by l3uddha

dont drive drunk asshole...

Thanks for calling me an asshole, man. I think that IDIOT or DUMBASS would be more accurate, but hey. I'm not an asshole, I AM an idiot for doing it.

l3uddha · 04-04-2006, 04:01 PM

no I think asshole was pretty accurate. sounds to me like ur trying to weasle yourself out of taking responsibility for ur actions by taking advantage of a cop who was nice enough to let you off without hundreds of dollars in fines. people get killed by drunk drivers all the time, and you're looking for sympathy & help? I say piss off asshole; welcome to reality.

AnKleBiTer · 04-04-2006, 05:20 PM

Quote:

Originally Posted by l3uddha

no I think asshole was pretty accurate. sounds to me like ur trying to weasle yourself out of taking responsibility for ur actions by taking advantage of a cop who was nice enough to let you off without hundreds of dollars in fines. people get killed by drunk drivers all the time, and you're looking for sympathy & help? I say piss off asshole; welcome to reality.

Hey NOW...don't be picking on Chauncey. Not all guys are MAN enough to admit their mistakes. It takes a big person to know they were wrong and admit it. This isn't a "come bash me" thread but a thread to learn a lesson and get some advice. I believe that FLAMING isn't allowed in this forum unless it's in Politics.

Chauncey · 04-04-2006, 11:57 PM

Quote:

Originally Posted by l3uddha

no I think asshole was pretty accurate. sounds to me like ur trying to weasle yourself out of taking responsibility for ur actions by taking advantage of a cop who was nice enough to let you off without hundreds of dollars in fines. people get killed by drunk drivers all the time, and you're looking for sympathy & help? I say piss off asshole; welcome to reality.

Easy, man. I'm not trying to weasel out of anything here. I admit that what I did was wrong, and that I've made a Trojan-Enz Boner Of The Year. I'm also not asking for help either, nor sympathy. If you accuse me of such, please provide credible evidence to support your accusation.

I still stand by my statement of not being an asshole and instead being a dumbass.

Chauncey · 04-04-2006, 11:59 PM

Quote:

Originally Posted by AnKleBiTer

Hey NOW...don't be picking on Chauncey. Not all guys are MAN enough to admit their mistakes. It takes a big person to know they were wrong and admit it. This isn't a "come bash me" thread but a thread to learn a lesson and get some advice. I believe that FLAMING isn't allowed in this forum unless it's in Politics.

I admit that what I did was wrong. I also admit to making a huge mistake. So please, Ankle, don't accuse me of not being MAN enough to admit my mistake. I freely do.

AnKleBiTer · 04-05-2006, 12:21 AM

Quote:

Originally Posted by Chauncey

I admit that what I did was wrong. I also admit to making a huge mistake. So please, Ankle, don't accuse me of not being MAN enough to admit my mistake. I freely do.

You goof! LOL I said YOU WERE man enough. Reread my post silly boy!!