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  #1  
Old 06-25-2005, 02:58 PM
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Got arrested for DUI, though wasn't driving or intoxicated


Ohio

a friend was driving my fathers car because of how exhausted I was and the fact that my legs were notted up. we pulled into his apartment complex into a handicapped area so I could stretch and head home which is just down the street. after a minute, police pulled up, gave me abunch of tests, basicly the police think I drove. how can I prove my inicense
  #2  
Old 06-25-2005, 03:10 PM
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also the car was running and I was in the passenger seat when they arrived
  #3  
Old 06-25-2005, 06:12 PM
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What kind of tests were you given? Also, did you give any sort of breath, blood or urine test that resulted in a BAC reading?
  #4  
Old 06-25-2005, 06:33 PM
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I took all the physical tests, passed them, he arrested me, I took breathalizer and got .12 even though I know I could of gotton a 0 if my throat wasn't soar and exhausted from the day of events, I'm also on medication. only good point I have is the fact that my father is well known with all the judges in my town since he's in a top respected position. They let my friend who was driving go. I'm 18, I'm responsible except that I did take my fathers 2005 bonniville without his permission. however I did not make any statments nor was I asked if I was operating the motor vehicle.

on a side note I was never read my rights when I was arrested
  #5  
Old 06-26-2005, 06:10 PM
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Quote:
I took breathalizer and got .12 even though I know I could of gotton a 0 if my throat wasn't soar and exhausted from the day of events
Please stop,,, your killing me here..... OK, I have to ask, what exactly were the day long exhausting events which brought on the soar throat?

Were you at a rave concert? Or perhaps it was a wine tasting festival?

Furthermore, what makes you believe you passed the field sobriety tests, or what you described as the physical tests given? Considering that your legs weren't in any shape for you to be driving on, how were you able to stand and balance so well on those same legs?

Quote:
I'm also on medication.
But, is it the right medication?


Quote:
only good point I have is the fact that my father is well known with all the judges in my town since he's in a top respected position.
This could help,,, you possibly, not sure it will reflect back so well on pop.

Quote:
They let my friend who was driving go.
Damn, what's his father's position?


Quote:
I did take my fathers 2005 bonniville without his permission.
He must be so proud! It wasn't by any chance a city/county/state or company vehicle was it. You know, the kind of thing they issue top people in well respected positions? (For official use of course)

Quote:
I did not make any statments nor was I asked if I was operating the motor vehicle.
You were in the passenger seat, yet the officer never bothered to inquire if you were actually operating the vehicle? Then you proceeded to take the field sobriety tests without bothering to mention the fact that you were not driving? This sure sounds fishy. Did they ask your friend, who may have pointed the finger at you to cover his own hide and avoid possible grand theft auto charges? Unless it doesn't matter since the keys were in the ignition and the car was running with only one human occupant inside who could have been within reach of the controls?

Is your friend going to provide testimony that he was in control of the vehicle because your legs were, as you put it, "notted up" Or does he suffer from any mental issues, hence the handicap parking privilages?


BTW, I've never heard of a soar throat causing any breathalyzer to display a reading of .12 It doesn't make any sense since a soar throat doesn't naturally begin fermenting alcohol. Just hope that the judge will see as much humor and originality in that explanation as I have.

Your best bet may be to have dad make a few phone calls. But keep in mind, President Busch has a couple daughters who this tactic didn't work out for, so don't get your hopes up there too high.
  #6  
Old 06-26-2005, 07:18 PM
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my soar throat is due to the cold air in my house from the air conditioner, the medication I take is zoloft, wellbutrin, busbarion, and camporal, in which doesn't have a label indicating that I shouldn't operate any machinery, but it does have side effects over time. in my case panic disorders, as for when I got out I was stretching. I went to a church festival walking for 2 hours with sandels on. The meds I take puts me on a time clock of sleep in which I get about 5 hours of sleep and take a nap later on in the day (unfortunatly I didn't take one friday). as the for soberity tests

~I know I followed his finger correctly
~I walked in a straight line correctly
~ Yes I did have trouble keeping my balance on one foot

the reason I'm sure they thought i was driving is the fact that my friend is black, only reason I kept my mouth shut was because he has only his temps
  #7  
Old 06-26-2005, 07:58 PM
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Quote:
the reason I'm sure they thought i was driving is the fact that my friend is black,
Huh? I'm missing something here. I've been to Ohio and I've seen people of all races driving in your state. So how does his being black apply to the officers assumption that you were driving?

Sort of a reverse racial profiling thing I suppose?

Actually, I imagine that African Americans would be grateful to read about the racial progress made in Ohio. They've gone over and above receiving equality. Someone contact Jessie Jackson and his parade organizing skills,,, we need a celebration here!

Headlines:

Black man and white man questioned by police after parking stolen car in handicapped space. The white man, who was sitting in the passenger seat, was arrested and taken into custody after police suspected he was driving while under the influence of alcohol. Further chemical tests conducted at the station, confirmed those suspicions. The black man and reported driver of the stolen vehicle, was questioned by police at the scene and released. The investigation is continuing....
  #8  
Old 06-26-2005, 09:20 PM
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ok I'll just put it in these words, rich county, not to mention all police know who my father is in the city..... His rich disabediant son with a (don't wanna say poor) black friend who's had runnin's with the same cops in a nice ass car. Now if I were a cop I'd honestly think that the rich kid wouldn't let the other person drive his fathers car, unless he was really nuts, however his performance was certainly of higher intelligence, since thats how a rich little brat would have to act. But I don't snitch, and I don't make excuses, I just lay out the facts. My only weakness is getting people to trust me.
  #9  
Old 06-26-2005, 09:21 PM
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on side note: I'm not talking about races here, I'm talking about income
  #10  
Old 06-26-2005, 09:22 PM
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not to mention he dressed up like 50 cent, I'm dressed like an abercrombie model
  #11  
Old 06-26-2005, 11:53 PM
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All kidding aside, you claim you didn't have anything to drink, yet you blew a .12 how do you explain that?

So if your not being honest about what you had to drink, then why would anyone believe that your telling the truth about not being the one behind the wheel?
  #12  
Old 06-27-2005, 12:37 AM
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Curious about the meds.

Welbutrin AND Zoloft? Both are used as antidepressants and will sometimes cause odd interreactions.

Welbutrin AND alcohol? "Do not drink alcohol while you are taking Wellbutrin; an interaction between alcohol and Wellbutrin could increase the possibility of a seizure. " [url]http://www.healthsquare.com/newrx/WEL1488.HTM[/url]

busbarion and camporal ? What drugs are these again?

Please search this site for the many threads started by people in the passenger seat who were arrested/convicted for DUI for being drunk and in control of a motor vehicle (yes, from the passenger seat!). Your chances are not good.
  #13  
Old 06-27-2005, 10:34 AM
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[quote=Some Random Guy]Curious about the meds.
.
Welbutrin AND alcohol? "Do not drink alcohol while you are taking Wellbutrin; an interaction between alcohol and Wellbutrin could increase the possibility of a seizure. " [url]http://www.healthsquare.com/newrx/WEL1488.HTM[/url]

YES! and thats why I don't drink, I can bet my life and 2 year old nephiews lives that I wasn't drinking
  #14  
Old 06-27-2005, 10:48 AM
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It sounds like you need an attorney. Unless you were observed driving, or your friend denies driving, then they will have a hard time making their case against you for DUI.

But! HOW you blew a .12 BAC when you had nothing to drink is beyond me. The machine would have to be more than broken for that to happen! And don't say it's "cough medicine" because you would need a whole heck of a lot of cough medicine to get that high a blow.

Get an attorney.

- Carl
__________________
A Nor Cal Cop Sergeant

"Make mine a double mocha ...
And a croissant!"

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Can Stand Before Anyone

....author unknown
  #15  
Old 06-27-2005, 10:55 AM
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this is what campral is [url]http://www.campral.com/index_flash.html[/url] my shrink prescribed it to me because he thought that my depression would lead to drinking

as for Buspar [url]http://www.healthsquare.com/newrx/bus1059.htm[/url]
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