God I hate that "if you got nothing to hide" line! Just because I have nothing to hide, it doesn't give some smug cop a reason to nose around my property. All the more reason to abstain from blowing.
Yeah, standing up for your fourth amendment rights and then being bullied makes you the loser in that situation. I had the exact same thing happen to me, except I said exactly what you suggested, and the cops called in three squad cars and a K-9 unit because "an honest citizen would have nothing to hide." All because I was 17 and had a skateboard in my car.
Authoritarian-minded people like you scare the **** out of me. Fortunately there are good men and women out there who care about protecting our rights.
can you explain your experience more, because I am struggling to understand how politely saying "sure thing but can you please not make a mess" would result in 3 additional cars and a K-9 unit?
Yeah, standing up for your fourth amendment rights and then being bullied makes you the loser in that situation. I had the exact same thing happen to me, except I said exactly what you suggested, and the cops called in three squad cars and a K-9 unit because "an honest citizen would have nothing to hide." All because I was 17 and had a skateboard in my car.
God I hate that "if you got nothing to hide" line! Just because I have nothing to hide, it doesn't give some smug cop a reason to nose around my property. All the more reason to abstain from blowing.
mattd2 said:On that note, you could very well have something to hide. There a plenty of embarising, but legal, things that you might not like a cop to find in your car
On that note, you could very well have something to hide. There a plenty of embarising, but legal, things that you might not like a cop to find in your car
Besides those things, my wife and I also stashed our 201st gallon of homebrew in the trunk.
The funniest thing about that is does the regs even state what the basis of the year is, Jan-Dec/tax/12 month rolling/etc.
Wow I'm getting way OT now
§ 23356.2. Beer; manufacture for personal or family use; exemption
No license or permit shall be required for the manufacture of beer for personal or family use, and not for sale, by a person over the age of 21 years. The aggregate amount of beer with respect to any household shall not exceed (a) 200 gallons per calendar year if there are two or more adults in such household, or (b) 100 gallons per calendar year if there is only one adult in such household.
Not to mention there's no reason to give cops the right for a search and seizure. Remember that cops can take your car apart in a legal search with your permission.
It wouldn't have. Wanna know why he got them?
No, it was because they suspected you had drugs. They brought in the K-9 unit, thinking it would smell drugs and point on your car, giving them probable cause for a lawful search against your will.
If you really think the cops had nothing better to do than dick around with 17 year old bacause he "had a skaebaord in [his] car", then that's very arrogant. There's countless better targets to harass if that was their intent.
Back on-topic. OP, I hope this works out for your brother well, eventually. In the meantime, hang in there and let us know if there's anything we can do to help either of you.
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.)
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.
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?
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.
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.)
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.
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.
jimmayhugh said:I can only speak to my court in my county and state.
A good defense attorney that specializes in DUI can often get the charge reduced to reckless driving if you blow below about .10, and complete all of the mandatory minimums in a timely manner. That legal help is going to cost $1500-$5000
How much does a DUI Cost?
Costs for DUI have been estimated to be more than $6,600 (actual costs may vary). Here is a conservative itemized breakdown for a first DUI offense:
Fines/Penalties—$1,000
Tow/Impound Fee—215
DUI Treatment Program—626
Court Costs—800
Insurance Increase—500-1,500
Attorney Fees—2,500
Total Approximate Cost:—$6,641
City of San Rafael Police Department said:Currently in San Rafael, a vehicle owner whose car has been impounded for the full 30 days can expect to pay about $2,200 to retrieve the vehicle. The City charges $264 for a vehicle release and the tow companies towing and storage fees are approximately $1,900.
City of Stockton said:Costs for Impounded Vehicles
$185.00 - Administrative Release Fee
$175.00 - Initial Cost of Tow
$1,500.00 - Outside Storage Rate (30 days @ $50/day)
$100.00 - Lien Processing Fee
The Press Enterprise said:Statistically, a DUI defendant is not likely to be acquitted in California. According to the DMV, 75 percent of DUI arrests in 2007 (the last year for which its website lists such data) resulted in a conviction by September of that year. That rate has remained pretty stable. The conviction rate ranged from 75 to 80 percent for each of the 10 prior years.
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