Reply Tue 2 Dec, 2008 12:44 am
if fighting 3rd dui and blowing .11 and no video to show the field soberity test but haveing it done at the police station. Do i have any case to fight haveing all the necssary things done right at the station . But with no actual video at the traffic stop, for a defense is it worth fighting? The reason being i was stoped at night in the dark and was accused of not having my seat belt on . When in fact i was wearing my seat belt. Although the officer claimed he was pulling me over for not wearing it . Does anyone think it was really possible for the officer to oberserve that while backed up on an entrance ramp doiong radar.should the officer who pulled me over have to have eviendce like a dash cam too prove his case was legiate for pulling me over?
 
TTH
 
  -3  
Reply Tue 2 Dec, 2008 12:49 am
@sylvia chomas,
Why don't you get a copy of that police report and post it. I would love to read it Very Happy

You decide if it is worth fighting and no the cop doesn't have to have a dash cam.
sylvia chomas
 
  1  
Reply Tue 2 Dec, 2008 12:56 am
@TTH,
why would you like me too post it? an do you know any thing about the legal system involved with drunk driving if soo. i would like too learn something maybe you could help with in this mess.PLEASE HELP. THANK YOU.
TTH
 
  1  
Reply Tue 2 Dec, 2008 01:09 am
@sylvia chomas,
I didn't really expect you to post the report, sorry.
No, I can't help and you already said in another thread he has an attorney. He should be asking his attorney the questions.
MontereyJack
 
  1  
Reply Tue 2 Dec, 2008 01:33 am
Let me get this straight. You've been convicted of drunk driving twice. You were driving drunk a third time (at least), since you blew the sobriety test. Lady, you have a far larger problem than another conviction. If you drive drunk, repeatedly, you are a menace to not only other drivers but to yourself. My car was hit by a woman driving drunk in a snowstorm. Another drunk pulled totally into my lane while traffic was moving slowly toward a stoplight, and I only missed her by inches because it was by a gas station and I could swerve into their pump area. She pulled into the station for no reason and was totally glassy-eyed and unaware when I got out to ask her what the hell she thought she was doing, and then pulled back out without getting any gas. If you drink and then drive, I have absolutely zero sympathy for your attempt to beat the case. Please, get help before you hit someone or kill someone. If I've misread what you're saying, I'm sorry, but it sure sounds like you're a repeat DUI, and if so you should NOT be driving, or you should NOT be drinking. Realizing you have a problem is the necessary step to solving it.
0 Replies
 
MontereyJack
 
  0  
Reply Tue 2 Dec, 2008 01:42 am
Oh, I found your other thread, and I see it's your boyfriend that's driving drunk, not you. Every time you ride with him you're enabling his drinking, as well as endangering your own life. For his sake, and your own, get him some help--not legal help but substance abuse help.
Merry Andrew
 
  1  
Reply Tue 2 Dec, 2008 02:59 am
What Monterey Jack said.
0 Replies
 
sylvia chomas
 
  2  
Reply Tue 2 Dec, 2008 08:20 am
@TTH,
I agree. an yes i have told him that exact thing repeatly. i have asked him, if he has asked his attorrney what the worst case sceniro is going too be .I never get a straight answer or a complete answer,we just found this site an only figured we would ask if anyone out there had experinced a 3rd drunk driving,which carries a Felony charge.
0 Replies
 
sylvia chomas
 
  3  
Reply Tue 2 Dec, 2008 08:29 am
@MontereyJack,
oh you did find my other thread?yes it is my boy friend.an no not every time i ride with him am i enabling him too drink,at this point he has a teather on his ankle which does not allow him too drink.no its not house arrest it called a scram teather an he has too test one time a day an YES it checks too make sure he has no alochol in his system.Sorry for you experince, that you mentioned ,we werent looking for sympanthy though we just were looking too see if any one had experinced a 3rd drunk drivig an maybe if there was any way too get out of it or get a lesser charge.
Butrflynet
 
  1  
Reply Tue 2 Dec, 2008 08:49 am
@sylvia chomas,
sylvia chomas wrote:

oh you did find my other thread?yes it is my boy friend.an no not every time i ride with him am i enabling him too drink,at this point he has a teather on his ankle which does not allow him too drink.no its not house arrest it called a scram teather an he has too test one time a day an YES it checks too make sure he has no alochol in his system.Sorry for you experince, that you mentioned ,we werent looking for sympanthy though we just were looking too see if any one had experinced a 3rd drunk drivig an maybe if there was any way too get out of it or get a lesser charge.


Yes, there is a way to get out of it and prevent it ever happening again. Stop the drinking!!! If he can't manage to do that then stop driving while drunk!!!

Your attempt to find a way to get him out of it or get a lesser charge for him is not helping him nor is it helping yourself or others on the road with him. The only thing keeping him from continuing is the tether and regular testing. That is not a solution to his problem.

Do you think he will never drive drunk again once the tether is removed?

sylvia chomas
 
  2  
Reply Tue 2 Dec, 2008 09:15 am
@Butrflynet,
No i do not believe that he will ever drink an drive again. an yes i do appericate your input ,your sarcisem you can keep too your self. you people who have all replied too this msg act like he is an alocholic, that he is not an actually he was do at the time of getting his 3rd too getting a license back.it happen too be Labor day weekend an yes everyone knows that is a very bad time too drink an drive!too his stuipdy he took the chance an drove all though i would like too mention he by no means felt that he was intoxicated too the point that he was not able too drive. why we ask about the gerd diease is because he does suffer from that diease which has been proven that yes it could in fact cause a person too bolew higer than there alochol level really is can we wonderd if any one else has had the same experince. THANK YOU
Butrflynet
 
  1  
Reply Tue 2 Dec, 2008 09:43 am
@sylvia chomas,
That isn't sarcasm you are detecting. It is seething anger.

My uncle and his 5 children and wife were hit by a drunk driver coming home from a holiday party many years ago. All of them suffered life long injuries, some have metal plates in their head from where their skull was crushed, others have metal pins in their legs and artificial hip joints. Still others have pins in their backs. The children were all under 10 years old at the time and are now well into their 50s and 60s. They each have required ongoing surgeries throughout their life from the damage that drunk driver did to them.

I have absolutely no sympathy for anyone who drives while drunk no matter what their excuse is! Read your last message again, Sylvia. It is full of excuses for him, right along side of your stating that yes he was drinking again and yes he stupidly took the chance and drove. Drinking and stupidity are not good companions. Stop making excuses for him. He has a problem. You are contributing to his problem by making excuses for him. Does he need to hit a family of 5 small children before you both wake up to his poor judgement and seek help rather than excuses?

Need something a little more current? Last year my brother's step son was driving drunk with his best friend as his passenger. He lost control of his car and ended up in a drainage ditch. It took the jaws of life to get them out. My nephew's legs were pulverized and he has pins for bones now. His friend is a vegetable. I'll let the pictures speak for themselves. His friend trusted his judgement and made excuses for him too. He lives with the guilt of knowing what he did to his friend. Luckily there was no one else involved in the accident.

http://lh6.ggpht.com/_z2t3-2ANqrg/STVWgt_uv_I/AAAAAAAAAl0/IrjWRNLo3l0/s800/1defscd.jpg

http://lh5.ggpht.com/_z2t3-2ANqrg/STVWgVKqdNI/AAAAAAAAAls/lpUMXx9Duw0/s800/accident1.jpg

When your boyfriend drives while drinking it isn't just his driver's license he puts in jeopardy. Please think about it.
0 Replies
 
maporsche
 
  3  
Reply Tue 2 Dec, 2008 10:25 am
I'll be the asshole and add that while I do not drink, I think the DUI 0.08 limit is a joke, and is simply an ATMs that the state can keep taking money out of.

There are studies that your reaction time is as impaired going 5mph over the speed limit as it is driving with a 0.08 BAC.

You're as likely to get an an accident talking on your cell phone as driving with a 0.08 BAC

Talking to your friends or children in the car, or listening to the radio has shown to be as disruptive as talking on a cell phone.

Eating a driving or having a drink between your legs is equally as bad.

I think the penalties need to be much stiffer for high BACs, but a 0.08 is WAY too low.
Cycloptichorn
 
  1  
Reply Tue 2 Dec, 2008 10:32 am
@maporsche,
Disagree. The limit is intentionally low on purpose. It's to deter people from making poor judgment calls after 4-5 drinks, when they REALLY could kill someone.
Quote:


There are studies that your reaction time is as impaired going 5mph over the speed limit as it is driving with a 0.08 BAC.


Sure, but it's illegal to go over the speed limit.

Quote:

You're as likely to get an an accident talking on your cell phone as driving with a 0.08 BAC


In many states, it's illegal to talk on your cel phone.

Better safe than sorry, and it's simple to follow the rule: if you've had a drink, don't drive.

Cycloptichorn
maporsche
 
  2  
Reply Tue 2 Dec, 2008 10:33 am
@Cycloptichorn,
Sure, but a speeding ticket for 5mph is what, $50?

A DUI for a 0.08 will cost you several thousand, easy.



Speeding kills more people than DUIs do.
Cycloptichorn
 
  1  
Reply Tue 2 Dec, 2008 10:54 am
@maporsche,
maporsche wrote:

Sure, but a speeding ticket for 5mph is what, $50?

A DUI for a 0.08 will cost you several thousand, easy.



Speeding kills more people than DUIs do.


That's probably b/c the penalties for DUI are so large; if there were equivalent tickets for speeding, you'd see a lot less of it.

And I'm not entirely convinced that going 5 miles over the limit is as dangerous as driving drunk, either.

Cycloptichorn
0 Replies
 
Ragman
 
  0  
Reply Tue 2 Dec, 2008 11:09 am
@sylvia chomas,
While you are on the 'net please look up what it means to be an enabler and co-dependent. Also, please look up denial too.
Merry Andrew
 
  0  
Reply Tue 2 Dec, 2008 11:56 am
@sylvia chomas,
Quote:
you people who have all replied too this msg act like he is an alocholic,


Sylvia, I am an alcoholic. I haven't had a drink in more than 13 years and I go to A.A. meetings regularly. Trust me when I tell you this: YOUR BOYFRIEND IS AN ALCOHOLIC. Anyone who can get three duis in a row doesn't have his hat on straight. I had my driving license suspended for a year about 15 years ago on my FIRST dui. I didn't stop drinking; I stopped driving because at the time I was living in a small town where the local cops all knew me and I would'a been bagged for sure. It took me a while to come to terms with the fact that I am an alcoholic and that there is no way I can drink in safety. The sooner your bf learns to accept that fact, the better off we all will be. I don't want to meet him on the road when he's had a few.
0 Replies
 
sylvia chomas
 
  1  
Reply Tue 2 Dec, 2008 12:57 pm
@Ragman,
Ido know what all them words mean an your point is?
Ragman
 
  0  
Reply Tue 2 Dec, 2008 02:07 pm
@sylvia chomas,
From all your responses in both of your threads, it's clear you just don't get what people are telling you. You're trying to skirt the legal system and think it was due to the extra police vigilance on Labor Day that was his problem. You are in denial and can't help him or yourself.

No, this guy's not a bum..and no one here said that he was. But, from your own information (and what most people here know ablout alcohol abuse), and what you don't seem to understand is that he is an alcoholic. He doesn't see the harm in driving drunk. If he did, he would stop and get REAL help...and not just hire an expensive lawyer.
0 Replies
 
 

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