Help!

[skihaus1]

What is the name of your state? Florida
I've never done this before so not sure what to do but need help w/ advice for my son. He was pulled over for speeding and officer questioned if he'd been drinking & son admitted he had. He was given a field sobriety test, taken into custody, went before the judge who told him his court date & he was to post a $10,003 bond before release! This is his first and only offense! 36 hours later he is back out on the streets but we need some advice as to was this a bogus arrest, detainment and posting of a bond on a first ever offense! My son is in the Navy and was just preparing to leave Jacksonville to serve our country in Afghanistan!

 

[paguy88]

What is the name of your state? Florida
I've never done this before so not sure what to do but need help w/ advice for my son. He was pulled over for speeding and officer questioned if he'd been drinking & son admitted he had. He was given a field sobriety test, taken into custody, went before the judge who told him his court date & he was to post a $10,003 bond before release! This is his first and only offense! 36 hours later he is back out on the streets but we need some advice as to was this a bogus arrest, detainment and posting of a bond on a first ever offense! My son is in the Navy and was just preparing to leave Jacksonville to serve our country in Afghanistan!

why could the arrest bogus? not enough info to work off of.. seek out a DUI lawyer.

he did admit to drinking correct?

he did not have to do that.. giving the cop probable cause also he did the FST? he is not legally required to do so... but he did thus giving the cops evidence at this traffic stop creating more probable cause ...

did he give breath or blood? do you know the results?

my advice is seek out a dui lawyer ASAP...

plus I could be wrong but he may be in more trouble being be is in the Navy... I believe they can punish him aside from th criminal charges that will be carried out by the state.. I could be wrong on this point.

 

[skihaus1]

I referred to my son's detainment as being bogus -- what I can read online about 1st time offenses is they are taken into custody for maybe 6 hrs, given a date to appear and then released. My son was detained 36 hrs and had to post a $10,000 bond? His first offense of any sort in any state? He took the breath test @ the jail & it was a 1. When he took the field test he wasn't given a choice he was asked to get out of the vehicle and do it & he had to "perform" the test on a roadway that was under construction so there was a curb where he was to walk which he did fine. Is honesty truly that bad of a thing? I thought that was always what we were to teach our children? This case just seems like it is a nightmare and something that should not have happened

 

[Silverplum]

Is honesty truly that bad of a thing? I thought that was always what we were to teach our children? This case just seems like it is a nightmare and something that should not have happened

I find it hard to believe you wrote that. Re-read it.

 

[paguy88]

I referred to my son's detainment as being bogus -- what I can read online about 1st time offenses is they are taken into custody for maybe 6 hrs, given a date to appear and then released. My son was detained 36 hrs and had to post a $10,000 bond? His first offense of any sort in any state? He took the breath test @ the jail & it was a 1. When he took the field test he wasn't given a choice he was asked to get out of the vehicle and do it & he had to "perform" the test on a roadway that was under construction so there was a curb where he was to walk which he did fine. Is honesty truly that bad of a thing? I thought that was always what we were to teach our children? This case just seems like it is a nightmare and something that should not have happened

I misunderstood your issue with the 36 hrs in jail... for the arrest... not sure why that happened... maybe someone else has a idea...

as far as the FST.. the cop is not going to tell you that you do not have to do it.... he/she does not want you to refuse doing it as the cops will have less evidence for trial. they will just say something to the effect please step out of the car I am going to ask you to do a few simple tests(at that point you can decline) However your son could have asked will I be punished for not doing it and then refused. you son fault for not asking. No state has criminalized not doing a FST.

Is honesty truly that bad of a thing? I thought that was always what we were to teach our children? This case just seems like it is a nightmare and something that should not have happened

do you mean driving with a BAC over the legal limit? or doing what the cop asks?

if you mean doing what the cop asks... yes you should pull over give them your DL, insurance etc if asked.. however you need to keep in mind cops are conducting a investagation when they have you detained.. thus anything you give them can and will be used against you... so in some reapects NO you don't want to ANWSER everthing ask.. but be careful how you do this and what you say no too.. if they ask for blood then you have to give it or risk losing your licenese for one year or more depending on the state you live.. if they ask where you drinking tonight you are under no obligation to anwser any questions beyond your name address ect..

get a lawyer.. youe son needs one ASAP!

 

[skihaus1]

are you being rude?

okay, I'm just an old fashioned mom but I really don't understand your comment -- honesty is not a quality to be possessed? Help me out??

 

[Silverplum]

okay, I'm just an old fashioned mom but I really don't understand your comment -- honesty is not a quality to be possessed? Help me out??

If you are referring to me, then I meant that I couldn't believe you wrote that post. Yes, honesty is great. But that you find drunk driving to be fine is amazing to me...and not in a good way. That the case is "something that should not have happened" -- you're talking about your son being busted, not about him NOT driving drunk in the first place.

I don't even see why you're focusing on the "honesty" thing. The PROBLEM is your son drinking and driving -- and speeding! If you don't see that, I don't know what to say.

 

[paguy88]

okay, I'm just an old fashioned mom but I really don't understand your comment -- honesty is not a quality to be possessed? Help me out??

being honest is a good quality.... however in a criminal issue.. it does present problems just give up info that could be used against you... its not a question of being honest.. it a matter of self preservation...

again the cop is conducting a investagation and WILL USE ANYTHING YOU SAY AGAINST YOU... to get you off the road and in jail.

the cops if they think you are drink are not going to let you off for being honest... this is not grade school.. its the real world and people who are drunk can kill themselves or others and in the end that is the issue at hand... drunk driver with car = potential to kill.

if you are refering to me being rude.. I am being blunty honest nothing personal... your son should in some respect consider himself luck that he did not kill someone because he would be facing a felony vehicular homicide and not looking at days in jail BUT YEARS...

 

[paguy88]

Do you honestly think refusing to perform FSTs will prevent someone from getting arrested?

nope not at all never said that.. but why give them more evidence to use against you

 

[skihaus1]

what you stated is what I was trying to explain -- I do not advocate drunk driving but my son had just been out to dinner, had a few beers so he was just answering the officer honestly. The next day he was being shipped out to Afghanistan so a last get together with friends was all that occurred-- not a drunken fest!

 

[paguy88]

Wouldn't it be even better, if you KNOW you've only had "two beers", (everyone says that) to take the tests... since you do have the possibility of passing?

Refusing is a good way to guarantee getting arrested.

nope cops usually know if they are going to arrest you before they ask you to take the FST......but here is why the test is subjective.. thus the cop can score you anyway he wants to... human error can cause the cop to make a mistake...

my neighbor is a cop he was part of a 14 police FST study a few years back.. these 14 people gave FST to a group of what they where told drunk/not drunk people and told to score them... 47% of the people taking the FST according to the cops giving the tests failed... the problerm for the cops was NONE OF THE PEOPLE ACTUALLY DRANK A DROP.. but 47% failed .. makes you wonder when in reality no one was drunk.

also asuming you only had two beers that could put some small people over the legal limit as well...

Taking the FST only makes things worse give the cop more evidence.. think about it... just by pass the FST and move directly to the breath.. if you only had two you should have no reason that you would not pass the breath test right?

or would you rather play simons says with a cop road side with all those flashing lights and cars driving by?

 

[paguy88]

what you stated is what I was trying to explain -- I do not advocate drunk driving but my son had just been out to dinner, had a few beers so he was just answering the officer honestly. The next day he was being shipped out to Afghanistan so a last get together with friends was all that occurred-- not a drunken fest!

a drunkin beer fest is not what it takes to get you over the legal limit...

everyone is different... so his .1 is above the .08 thus he committed a criminal act in the eyes of the state...

you would be surprised everyones thinks of a drunk driver is this person that drinks a case of beer then drives.. however, that is not always the person that get arrested for DUI.. its your business man who is out with a client has some drinks over dinner drives home with a tail light out gets pulled over next thing he knows he is getting arrested for DUI.

I would also state if you went into the DA's office and tried to explain it as you have on the board.. it won't work believe me I can understand how you see it.. a few drinks with some friends before going to serve our country overseas... they don't care... the DA office job is to take you sons licenese for as long as they can and also get a convition. That's there job much like you sons job to defend our country. There job is to keep people off the road and pusnish them for drinking and driving.

also your sons anwsers to the cops questions will be on the cop criminal complaint and used against your son... at the trail if it comes to that.

 

[BigMistakeFl]

BigMistakeFl

Here in Florida, a DUI perp MUST spend 8 (eight) hours in jail. They set a timer, and I mean there are no exceptions. 36 hours? Your son has left out vast parts of the story. This is not just a standard DUI.

 

[skihaus1]

that's why we're confused!

There's not anything hidden in this dilemma, my son had to post a $10,000 bond -- mom lives in calif & so the whole process to find bail bond, etc. took that much time! That's why we're so confused, why he had to post bond, time held in detention, etc.

 

[Silverplum]

And...so what? Why should we care if a drunk driver is ever-so-slightly inconvenienced? This is not an impressive fight for justice you're making. It's mommie trying to get drunky out of trouble.