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Old 02-14-2013, 08:56 AM   #131
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They told me they smelled alcohol on my breath (a lie, they knew I had just left a party they were staking out)

{snip}

I had had three beers over the course of two hours.

{snip}

Once again, lying to try to make an arrest.
Did they arrest you? If so, did you get to hold on to your skateboard?
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Old 02-14-2013, 12:15 PM   #132
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I am not an attorney, but I wonder about the above. Is this not the epitome of 'arbitrary and capricious"? Or does the fact he had a choice negate this?
This is the same way in Indiana, the law states that if you are driving a vehicle, you have given consent to submit to a chemical test for the purpose of determining the amount of alcohol in your blood. Refusal of the test is a 1 year driving suspension on the first offense, the 2nd time is a 2 year suspension, the 3rd time is a 3 year suspension.

They can still take your case to trial and if found guilty impose an even longer suspension.
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Old 02-14-2013, 03:15 PM   #133
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The the US, the states are left to regulate alcohol to a large extent. You're in NZ, so I have no idea how or even if home brew is regulated there.

My state certainly defines the period. The OP's brother lives here too, it seems.
You can legally distill in NZ, so I would assume it's anything goes with homebrew
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Old 02-14-2013, 08:04 PM   #134
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Yup, one of the reasons I refused. And to mattd2: how is saying exactly what you're supposed to say to exercise your right being a "smart guy?" The officer was trying to use casual language to get my permission to search the vehicle, I was being more official than he was. Maybe he wouldn't have given me the ticket if I would have let him search my vehicle, but I'm guessing he would have considering it was a "speed trap" intended for that purpose. I will not tolerate officers who "suspect" I'm possessing drugs because I'm not quite a clean cut businessman.

Sorry for the off-topicness, police are a bit of a sore spot with me. (Though I know they're not all bad.)
Sorry for continueing the off-topic, when I said smart guy I did actually me "smart guy", as in that's what the cop could be thinking if you bruised his ego by seeing through his casual "hey I'm your freind" approach to asking for consent.
I guess what I was meaning is if a cop is trying to trick you into giving consent, then you have to weigh up the real possibility that he is not a nice cop, and will try and nail you with anything he can, i.e. if you don't consent he is likely to then call in the dogs, etc. and waste your time.
Of corse consenting could go the wrong way with a cop trying to prove his authority becasue as you said, he could rip apart your car legally and leave you with a mess to clean up.
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Old 02-14-2013, 08:47 PM   #135
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Get a lawyer. I was in a similar situation last year. Blew a .19 and in NY that is considered aggravated dwi. My lawyer got all my fines drastically reduced and sentencing lowered. Be respectful, dress nice and show that your not a scumbag. I dont know about CA but here, I had someone in the court system ask questions about my life (tatoos, college, previous convictions ect) I go to college, work, no tattoos, never even had a ticket prior to this, and my lawyer said that helped a lot. Good Luck to your brother.

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Old 02-14-2013, 10:21 PM   #136
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I left a party my friend had and as soon as I pulled out of the driveway, a cop was waiting outside in his car. He proceeded to follow me several miles before finally pulling me over because one of my tag lights was hanging slightly, which is apparently a problem, even though it passed inspection the week before. They told me they smelled alcohol on my breath (a lie, they knew I had just left a party they were staking out) They asked me if I had anything to drink, I answered honestly that I had had three beers over the course of two hours. They made me take the field sobriety test which I passed easily. Then they said they wanted to breathalyze me, it wouldn't matter if I failed, just to make sure I was safe to drive home. Once again, lying to try to make an arrest. I have a perfect driving record at age 25. Never been in an accident, never even had a moving violation.
Lets get this straight. You know you had three beers in two hours, then drove. And you have the nerve to say that the cops were wrong for pulling you over and saying they smelled alcohol on your breath?

Lets pretend those were 12 oz beers at 5% ABV -- I seriously doubt they were.



Subtract 0.03% for it being 2 hours. Where does that put your BAC? If you weigh anything less than 180#, you were at least .08. It doesn't matter if you pass the sobriety test or not. That's a DUI in most states.
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Old 02-14-2013, 11:04 PM   #137
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OP here. Please back on topic. This thread is meant to generate leads/info from persons with experience in DUI cases. Squabbles about constitutional rights, unlawful searches etc can go to the debate forum. Thanks again to everyone who has offered their experiences and advice. A public defender is in my brother's future. He'll be pleading not guilty at his arraignment.

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Old 02-14-2013, 11:17 PM   #138
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Good to hear that you've stuck around.

Like I said, let us know if you need anything.

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Old 02-14-2013, 11:26 PM   #139
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OP here. Please back on topic. This thread is meant to generate leads/info from persons with experience in DUI cases. Squabbles about constitutional rights, unlawful searches etc can go to the debate forum. Thanks again to everyone who has offered their experiences and advice. A public defender is in my brother's future. He'll be pleading not guilty at his arraignment.
Sorry for my part in the derailment
Sounds like your brother is on the right track with the process.
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Old 02-15-2013, 03:38 AM   #140
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No experience here, but my little bro has received two. One the week before he turned 21 and one he had a seizure behind the wheel and the passenger managed to stop the car. All I can say is that my friends Dad is a pretty good lawyer. First one was thrown out because they only pulled him over because he "may" have been parked near a party but didn't know for certain(no speeding and no swerving), we are waiting on the 2nd because the date gets pushed back(lawyers daughter just came down with a rare cancer). But if it goes like his possession charges and small wrecks my brother will not get what he deserves. A good lawyer goes a long way.

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