K10

I just got blasted in the ass with a dui when I blew a .07. Somebody give me an e-hug.

Cop was a total dick too. Treated me like scum even though I was more than pleasant and courteous with him. He refused to uncuff me until I was completely booked which was really irritating considering that the next guy they brought in on a dui charge was uncuffed by his arresting officer the second they brought him in and he blew a fucking .26. Meh....I think he just got mad because I was asking him a bunch of legal questions with regards to state law after he arrested me. I wasn't pestering him or being rude, I just had some questions. Also, he was being cryptic about the field sobriety tests and I told him that as a police officer he needed to let me know what was going on.

It's just so ridiculous. I would completely understand if I had been really drunk , but I had legitimately had a couple drinks after work like I do many nights and got fucked for it. I don't drive when I presume myself to be a danger to society and haven't driven in such a state since I was about 17.


I understand the politics behind all the DUI bullshit, but goddamn if it doesn't suck being on this side of the hammer.

__________________
Just because you tie dye your wool, doesn't mean
you're not a sheep.
R.I.P. Alice D.

professor meheh

isn't the legal limit .08? did you have priors for dui? the cops really don't have to tell you anything, their job is to make arrests. anyway if its your first offense and you blew .07 you *should* be able to get off easier. If they bring you in for testing just lie, say you never drink or do drugs (the consequences will be greater if you tell the truth).

but if they do make you take all the classes, get an interlock etc... there's really nothing you can do except sit back, finish the classes and find a good place to do your community service. they just make your life difficult for the next year or so and take your money. if they put you on random breath tests just make sure you never blow hot, they will fuck you over big time if you do.

__________________
<@hwx> you lost touch with the streets meheh

Isn't that illegal?

Mikey

wow really a 0.7???
i'm 110% sure it's gotta be a 0.8 here
maybe you meant 0.7?

lawyer up and best of luck

and no matter how shitty things may seem,it's not the end of the world, wish you all the best dude

ps dont drink drive anymore eh? (i know i know just a few bevy's but still, look what happened,lotsa dick cops out there)

__________________
RIP Gov

K10

I mean, you don't have to blow a .08 or above to get a DUI. If you blow below though, it just basically puts the burden on the prosecution to try to charge you. As long a cop says your intoxicated, then you're legally intoxicated. I don't know if I'm gonna be able to wiggle out of this one, but it's not exactly open and shut since I blew below .08.

__________________
Just because you tie dye your wool, doesn't mean
you're not a sheep.
R.I.P. Alice D.

professor meheh

where are you located?

Drunk Driving Legal Glossary - Definitions of Legal Terms for laws in the USA.

__________________
<@hwx> you lost touch with the streets meheh

Isn't that illegal?

HTAM

*I am not a Lawyer, I am not giving you any advice. *


Okay, below are several questions you may want to ponder regarding the invitation to the courthouse given to you recently. These are all things that apply to residents of Colorado. You obviously need to verify exactly what your State law requires for a conviction, but I suspect much of what I have included below will offer you a clearer understanding of what you may be in for.


5 things the District Attorney does not want you to know
1. He does not have all the witnesses available to prove his case.
2. He has exculpatory evidence which would prove your innocence.
3. You have a right to a jury trial within six months of pleading not guilty.
4. He has evidentiary problems in proving your blood alcohol level.
5. He's bluffing.

7 of the facts that must be proved before you can be found guilty:
1. Your identity
2. As a driver
3. Of a motor vehicle
4. In the state of ________, while
5. Your blood alchohol level was over one of the prescribed limit or
6. You were substantially incapable of driving (driving under the influence) or
7. You were affected to to slightest degree in your driving ability (driving while ability impaired).

This may not apply to you but I would look into it immediately
What you must do at the Motor Vehicle Division immediately to preserve your right to drive:
• You must go to the Division within seven days of your license revocation and request a hearing. It is advisable to request that the officer be present (scroll down) at the hearing. There is a box to check on the hearing request form.


10 questions your attorney must ask you.
1. What your itinerary was prior to arrest.
2. Your consumption of alcoholic beverages.
3. Your observations of the officer.
4. The officer's stated reasons for stopping you. There are bad stops.
5. Whether the officer asked or ordered you to take roadside tests.
6. Your performance on roadside tests.
7. Statements you made to the officer.
8. What the results were of any breath or blood tests.
9. Whether there were witnesses to your arrest.
10. Whether you were observed for 20 minutes prior to a breath test,

It is important to hire an experienced attorney.
What are the 4 items crucial to your defense?
1. A good investigation of the facts.
2. Vigorous cross-examination.
3. A sound understanding of constitutional principles.
4. An experienced attorney.

What is the one thing your attorney must do to raise objections based on the Summons and Complaint?
• Appear in person for your arraignment.
In the past, I have had friends who used Pre Paid Legal and were surprised to meet a representative of the Attorney that was supposed to be there.

Why a jury trial is advisable:
• Six people have to agree on your guilt instead of one.
• You have constitutional protections at trial.
What is necessary to get a jury trial?
• You automatically have a right to a jury trial.
How the arresting officer's testimoney can be impeached:
1. Inconsistant statements.
2. Failure to recollect.


1. The officer must have had a reasonable suspicion that you were violating the law.
2. The officer must have either had probable cause to arrest you or obtain your consent for roadside tests.
3. The officer must tell you that you have a right to refuse a portable breathalizer test.
4. The officer must have probable cause before he arrests you and before he requires you to take a chemical test.
5. The officer must give you your Miranda rights after you are arrested, if he is going to interogate you.

What are the 2 key pieces of information which must be learned in deciding to go to trial?
1. An estimation of the weaknesses and strengths of the State's case against you.
2. The effect of a conviction.
How to determine if you can plea bargain, and at what step you should do it.
• It's a cost benefit analysis. How much do you have to defend your case?
What effect will this arrest have on my license and when will I be able to drive?
• If your blood alcohol was over the legal limit or you refused a test, you may not be able to drive at all for 90 days to a year. If you are convicted in Court, you may be faced with a suspension, but you may apply for a probationary ('red') license. You can drive when you have a valid license given to you by the Division of Motor Vehicles.
How to save your license if you're found guilty in court?
• Request a probationary license if you are suspended for excessive points.

What 4 preliminary motions should be filed, and the danger to you if they aren't.
1. Motion to suppress evidence on the ground that you were unconstitutionally stopped.
2. Motion to suppress evidence on the grounds that there was an unconstitutional search and seizure.
3. Motion to suppress statements on failure to give Miranda rights.
4. Motion for Discovery of all evidence.

If these motions are not filed, your case may not be dismissed when it should have been. You may not be told about evidence which would prove your innocence.

7 defense tactics in pre-trial motions:
1. Contest the constitutionality of the stop.
2. Contest the constitutionality of the administration of roadside tests.
3. Contest the constitutionality of the probable cause to arrest.
4. Contest the constitutionality of the Miranda rights.
5. Contest the manner in which roadside tests were given
6. Contest the use of a Portable Breath Testor.
7. Contest the constitutionality of any search and seizure.

So, you're probably looking at this thinkin', 'All that work?' It's not a lot when you consider the amount of time, money and restrictions on your liberty that will be imposed if you do nothing and plead guilty, to a lesser charge or otherwise.

K10

plead guilty?....hell nah. I'm gonna go see my lawyer tommorow and get crackin on all that stuff.

From what I've been told so far, the basic idea here is that since I blew below.08, the prosecutor has to prove that some sort of crime was in fact committed and if he/she cannot then I'm free.

__________________
Just because you tie dye your wool, doesn't mean
you're not a sheep.
R.I.P. Alice D.

ionlylooklazy

hell yeah take it court, good luck

professor meheh

shit sucks that you are prob gonna have to drop a g or three for .07

__________________
<@hwx> you lost touch with the streets meheh

Isn't that illegal?

Rubix

that's outrageous

__________________

wellfleation

You should beat this w/out a lawyer. But as advised, lawyer up - you will win. Don't consent to blood tests either.

__________________
FIGHTPOWER

Mikey

lawyers know the system

we as the people do not
so they will ask the questions you don't know to ask, will tell you what your options are and (most of the time) will make sure you don't get bullied into making a bad decision
and as we're thrown into the judicial system and procedures 90% of people don't know their rights and just surrender right away on the district attorney's threats and bluffs...


man
hope shit works out dude

__________________
RIP Gov

wellfleation

I think a trial by jury and the jury will surely find you not guilty. But then again, there are some crazy people and if in the right jury pool, who knows what they could collectively decide.

__________________
FIGHTPOWER

K10

Man, I don't think there is anyway I would beat it without a lawyer. I don't know shit about talking to a judge and working the legal system. I'm just income for the city, without a lawyer they would just laugh at me while I gave them every cent I had. I would personally suggest getting a lawyer even if you want to contest a parking ticket.

__________________
Just because you tie dye your wool, doesn't mean
you're not a sheep.
R.I.P. Alice D.

Mikey

keep us updated and best of luck

__________________
RIP Gov

wellfleation

In the US you get a court appointed (free) if you can't afford it. So you would never go in alone. As far as a traffic ticket goes; I'm hoping you were being facetious.

__________________
FIGHTPOWER