Is it even worth the time to fight it or will it just make things difficult and do nothing???
I blew a .11, the legal limit is .08, it was recently changed from .10.
Pulled over for speeding, the cop was following me for over a mile. I don't think he had a reason to give me a test, not swerving or signs of being impared. It's a 4th degree DWI...
2006-07-02 06:12:43 · 16 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
and a first and last offense..lol
2006-07-02 06:13:18 · update #1
Dont drink and drive scum!!!
2006-07-02 06:16:46 · answer #1 · answered by what the heck 3 · 0⤊ 0⤋
If you accept a drivers license, then you agree to the doctrine of "Implied Consent". This means that you agree to provide either breath, blood, or urine if the officer believes you to be impaired while driving.
Most officers are very well trained at spotting impaired drivers. The CHP in California is especially well-versed not only at spotting these impaired drivers, but knowing the laws which govern their traffic activities. The officer obviously spotted you and make a judgment call which was correct. Had you not been impaired, he would have thank you for your cooperation, ask if you needed help (some diabetics exhibit some of the attributes of drunk drivers), and sent you on your way (if it was safe for you to drive). The cop did his job, and you were busted. You can fight it, but you will most likely lose.
My advice: Plea bargain. Hire an attorney to do this for you. You might be able to get off with a weekenders program or community service and a stiff fine. Be thankful that the officer found you before you killed or hurt someone. Frankly if a drunk driver hurt a family member, I would definitely have a one-on-one with this person.
2006-07-02 14:08:40 · answer #2 · answered by Mr. PhD 6 · 0⤊ 0⤋
your were drunk so you don't know if you were swerving, speeding or not but he probably smelled it on ya as soon as he talked to ya. sometimes the time of the night or early morning plays a big factor if you get pulled over or not. most people under the influence have a tendency to drive slower than the speed limit.
as for if it's worth fighting it or not? that depends if you want the judge to throw the whole book at ya or just half the book. the half book comes with a nice price tag to an attorney too.
2006-07-02 13:30:02 · answer #3 · answered by str8tupgirl 4 · 0⤊ 0⤋
It sounds all too familiar. I have the same story! The thing is, I may have drove 100+ times that I didn't get caught, and the one I did, I deserve. I am currently going through probation, and just about half way through. The fact is, no matter why they pulled you over, you did blow a 0.11, and it has been recorded in that county, and they will charge you. In the past, I did fight it and made the officer come in to testify against me, he didn't, I got off. Nowadays, they include their schedule to make sure they do go and testify. My advise is to get a lawyer and prepare to pay the price. This may not be what you want to here, but reality is here. The sooner you get sentenced, the sooner you'll get it over with. I don't know your history, and if you have more already on your record, maybe you want to fight it. They are definitely not going to make it easy on you. We have a zero tolerance policy here in Indiana. Good luck with whatever you do! Peace.
2006-07-02 13:34:41 · answer #4 · answered by biggupp (דוד) 5 · 0⤊ 0⤋
Hire a lawyer, he'll almost certainly be able to get the charge reduced if not beat the rap entirely and the cost may be less than you'd pay if you plead guilty. If you plead guilty it will cost you a ton of money in increased insurance, jail time or community service and if your employer finds out in lessened promotion possibilities not to mention the public humiliation. I no longer drink. Wish I had quit years ago. If you can't stop after two drinks. I couldn't, then you are an alcoholic and should quit.
2006-07-02 13:27:37 · answer #5 · answered by Superstar 5 · 0⤊ 0⤋
If you didn't learn anything from the first three, then you need to go finish off a six pack, drive to the courthouse and talk to the judge. It is people like you that don't realize that there is a problem that is running over innocent families on the roads.
2006-07-02 13:43:07 · answer #6 · answered by benninb 5 · 0⤊ 0⤋
There's nothing to fight. You were over the legal limit. Even if they haden't changed the limit, you would have still been over the limit. Take your punishment as they see fit to give you. For the sake of your family, friends, and other loved ones, please don't drink and drive again.
2006-07-02 13:16:56 · answer #7 · answered by york_hellen 3 · 0⤊ 0⤋
try your body was unable to function properly that evening and a chemical in balance occured preventing the alcohol from being proccesed as usual that this im balance was due to your intake of sugary foods that resulted in a drink becoming an agent for extreme acohol absorbtion in your system and no way to properly filter it out.
2006-07-02 13:20:24 · answer #8 · answered by playtoofast 6 · 0⤊ 0⤋
my brother-in-law is sorta going through the samething but he refused a breathalyzer, his case is really messed up.. anyway he is still getting all the fines and suspensions that he would have gotten if he would have just plead guilty to the DWI charge..
Fact is you did do a Breathalyzer and you were legally drunk.. so take the punishment... that's just my op ion!!!
2006-07-02 13:19:52 · answer #9 · answered by DeeDee 4 · 0⤊ 0⤋
Quote: I don't think he had a reason to give me a test
Quote: I blew a .11, the legal limit is .08
Where is your REASONING again?
2006-07-02 13:18:14 · answer #10 · answered by DollyLama 5 · 0⤊ 0⤋
Pay the fine, do what they tell you. They can test you for speeding because normal sober people don't speed.
2006-07-02 13:18:11 · answer #11 · answered by Awesome Bill 7 · 0⤊ 0⤋