charged with dwi

[rcs78130]

What is the name of your state?Texas. Hi ,I was charge with dwi after getting my truck stuck in mud. One half hours after getting my truck stuck I called for assistance from the police.Well my keys were not in the ignition and i wasn't in my truck when they arrived .I told them that I wasn't driving the truck.Well they charge me with a dwi.I refused to take the breath or blood test.They also charge me with drunk in public.They made my wife sign a statement that earlier I was driving the truck when it got stuck.Any adice .Thank you.

[Dougthegreat]

So basically, you DID drive the truck - drunk - but then you lied and then refused to take any tests to prove your guilt? And now you're trying to get advice on how to dodge what's coming to you?

Here's some advice - grow up, stop acting like a retard, and quit endangering everyone else. If you want to act stupid, go right ahead - just do it where nobody else can get hurt. Try a nice solo game of Russian Roulette, or Taste the Electrical Socket.

[Curt581]

Originally Posted by Dougthegreat

So basically, you DID drive the truck - drunk - but then you lied and then refused to take any tests to prove your guilt? And now you're trying to get advice on how to dodge what's coming to you?

And FREE advise, no less.

Try a nice solo game of Russian Roulette, or Taste the Electrical Socket.

Here's my favorites:

Catch the Garbage Disposal Blades

Ear Piercing with a Nail Gun

Leap Frog with a Wood Chipper

[jennyof2]

NY. In our state it doesn't matter if the keys are in the igniton or not. If you smell like alcohol, the police have a right to ask you to do the breathalizer. they are not dumb, they know you were drinking and driving and that is how you got the truck stuck in mud.

So stop cying about your ticket and be a man and face up to what you have done. You are luck you didn't kill anyone innocent.

Wisen up if your a crying over a ticket what are you gonna do when you kill someone ?

Stop drinking and driving you are not cool and it is illegal. I wish they would have arrested u. There is no tolerence for this nonsense.

CALL A CAB LOSER

[matt6906]

To my understanding, since you called them, they had probable cause to approach your vehicle because you called for assistance. Read my thread and tell me what you think.

[Dougthegreat]

Originally Posted by matt6906

To my understanding, since you called them, they had probable cause to approach your vehicle because you called for assistance. Read my thread and tell me what you think.

Where are you getting this probable cause for pulling someone over? It's bunk.

Curt or Carl, correct me if I'm wrong here, but a cop can pull you over just to tell you to have a nice day, or to make sure you have a license.

[matt6906]

To the best of my knowledge, there needs to be probable cause to approach a vehicle, this is protected under the 4th ammendment of the United States Constitution.

[Dougthegreat]

Originally Posted by matt6906

To the best of my knowledge, there needs to be probable cause to approach a vehicle, this is protected under the 4th ammendment of the United States Constitution.

Whoa there, Sandra Day-O'Connor, the fourth amendment guards against unwarranted and unreasonable searches and seizures.

Being pulled over is not conducting a search of your vehicle, nor is removing you from the car, nor is it seizing your vehicle.

[TYRIS]

Originally Posted by matt6906

To the best of my knowledge, there needs to be probable cause to approach a vehicle, this is protected under the 4th ammendment of the United States Constitution.

-No it is not protected under 4th amendment.

You called the police for assistance and they came. Upon investigating the matter further, they found you intoxicated and located a witness (your wife) to place you behind the wheel and to support the fact that you were driving while intoxicated.


Tyris

[fagettaboutit]

Curt or Carl, correct me if I'm wrong here, but a cop can pull you over just to tell you to have a nice day, or to make sure you have a license.

They could I suppose if wishing someone a nice day was all that they wanted to do. But if a DUI arrest takes place, it won't help their "probable cause" case. A defense lawyer worth a crap would tear apart that stop. The prosecution would have to prove the cop had a reasonable suspicion of crime to stop a driver in the first place and then probable cause to arrest afterward.

I stopped the car to wish the driver a nice day isn't reasonable suspicion of a crime. Stopping a car to check their papers (license) isn't gonna work in a court of law either. Driving on a suspended license is a crime. Not carrying your papers (license) isn't.

I'm not sure which country you live in, but I can promise a jury of Americans aren't going to take a liking to a cop stopping people to say hello. No likes to be pulled over. Especially to be told hello or to have their papers (license) checked.

[devi8]

Dude, your wife ratted you out.