Simple_Indian 12-30-2006 01:05 PM
Ashamed but need Advice
What is the name of your state? New York
What is the name of your state? New York
I am ashamed of what happened and I am sure that I will never do anything stupid like that. I have completely given up drinking and smoking. I have lost my job, and my family does not want to talk to me anymore. Please dont tell me how stupid or bad I am and what I deserve. I just hope things get normal again.
The Details: I was drinking with my friends in a restaurant (6:30 PM)
I had 4 Shots of whisky within half an hour(between 6:00 PM and 6:30 PM and then had dinner, came out of the restaurant at around 8:00 PM and sat in my car and smoked a joint with my friends and left the parking lot at around 8:30 PM
On my way I noticed a black unmarked Chevy Malibu following me everywhere I was going and then we both stopped at the light and then they just sped past me and I thought that they are trying to race me. On the next light they did the same thing and I also went really fast, went past them crossing over the yellow line. I thought I lost them when I saw that car behind me and got scared that the person would call the cops or would try to fight with me. So I stopped and and put off my headlights.when I thought everything was clear I switched on my headlights and started to drive when that same car pulled behind me and switched his lights and alarm on me and I realized that I was racing a detective.
She(yes a lady cop) Pulls me over put the cuffs on me and started to search the car. I had a small bag (3-4 grams) of weed on me which I hid in my boxers.They asked if i have any guns or drugs and I said no.They asked if I was drinking and Smoking and I said "yes, But I lot earlier in the evening". They then searched me and did not find anything. Then he gave me just the Nystagamus for like a minute and asked me to take a breath test which I did and the cop said that he could not get a result. They then found the bag on the ground which fell from my boxers (nobody noticed when it fell) when they were searching me and asked if it was mine and I said no. He then took me to prescint and asked me if I was ready to give another breath test and I said yes and again she messed around with the machine and another officer told him that it is due to a medical condition that the results did not come properly this time also the officer got really upset with me and shouted that you are not blowing in it beacause you are scared, I laughed at him and told him I was not scared (I blew the hardest and longest I could ,seriously). He then took me to a Hospital and took a blood test (at 11:45 PM, after 3 hours of arresting me).Got arrainged next morning and came out on a $3000 Bail.The cops put on the report that They saw me throwing the bag from my pocket (I had cuffs on me) and I he even lied that I told him that I was not blowing because I was scared of getting caught.
They gave me 14 tickets including Reckeless Driving,DUI, DUI combined. I hired a very good lawyer, but he would just tell me to keep quiet and hope for the best. I had my first court date and it got extended by 2 months. Any advice on the outcome.
again I am sorry that this happened I will never drink or smoke ever ( I hope I am strong enough to do this)
Blonde Lebinese 12-30-2006 04:31 PM
Quote:
He then took me to a Hospital and took a blood test (at 11:45 PM, after 3 hours of arresting me)
Did the blood test indicate you were intoxicated / Impaired ? What ?
If it's your first offense you can hope probation , fines , DUI classes , a possible license suspension , the conditional license .
There's too many individuals driving drunk killing either themselves , there passengers , or another unexpected victim(s) .
NY especial some counties take DWI very seriously .
Simple_Indian 12-30-2006 04:47 PM
Yes, First offence
Yes, This is my first offence.
I dont know the results yet. but...based on what drinks I had I checked my Blood alcohol level to be between .03 and .05 .....But I am scared that I will test positive for weed also because I heard it stays in your body for upto 30 days.
AHA 12-30-2006 07:31 PM
Quote:
Originally Posted by Simple_Indian (Post 1539725)
I had I checked my Blood alcohol level to be between .03 and .05
After 4 shots of hard liquor in a matter of 30 mins?????? Wow, what is the name of THAT test??
Simple_Indian 12-31-2006 10:17 AM
Quote:
Originally Posted by AHA (Post 1539801)
After 4 shots of hard liquor in a matter of 30 mins?????? Wow, what is the name of THAT test??
I had my last shot at 6:40 PM.
I got arrested at 8:40 PM.
My blood test was done at 11:40 PM.
So, I had 5 hours gap between my last shot and my blood test.
AHA 12-31-2006 02:50 PM
Quote:
Originally Posted by Simple_Indian (Post 1540000)
I had my last shot at 6:40 PM.
I got arrested at 8:40 PM.
My blood test was done at 11:40 PM.
So, I had 5 hours gap between my last shot and my blood test.
Which all means your BAC was higher when you were behind the wheel. Discussion OVER.
Simple_Indian 12-31-2006 03:33 PM
But my lawyer says that there is no way to exactly calculate what my Blood alcohol level was 3 hours before the test were conducted, also he said the LAW clearly says "any blood/ breath test taken 2 hours after being arrested can't be submitted as evidence in a trial"
AHA 12-31-2006 03:36 PM
Quote:
Originally Posted by Simple_Indian (Post 1540180)
But my lawyer says that there is no way to exactly calculate what my Blood alcohol level was 3 hours before the test were conducted, also he said the LAW clearly says "any blood/ breath test taken 2 hours after being arrested can't be submitted as evidence in a trial"
Don't worry, they'll get you next time you drink and drive. You better pray it won't include vehicular manslaughter!
xylene 12-31-2006 03:44 PM
Quote:
Originally Posted by AHA (Post 1540170)
Which all means your BAC was higher when you were behind the wheel. Discussion OVER.
On average 4 standard shots, yeilds BAC about .03-.04 within one half of of drinking, unless this guy is like under 120 lbs...
I agree, Bottom line this guy drank WAY more than he said.
A whisky shooter is not a standard shot!
Nothing about the fact that his smoking weed increased his imparment changes his BAC either.
I guess I am not about to allow the DUI boogeyman to apply some new math to BAC.
BTW AHA, in New york you can't "back-date" the BAC from test time to drive time like some BS red states.
Good Luck.
SillyPuddy 01-01-2007 09:43 PM
You picked the wrong time to to drive after consuming ANY alchohol or smoking weed in NY. NY is undertaking major crackdown on what it calls "dangerous drivers".
Any time officers cannot get a BAC reading, they will write it up as a refusal regardless of the circumstances behind why they could not get a reading. Nothing infuriates an officer more than not being able to get a BAC reading.
Incidently, evidence of weed can stay in your system for as long a 6 months.
Jason Anderson 01-22-2007 03:07 PM
Your story is very believable up until the point that you say that you will NEVER drink or SMOKE again.
I think it's good that you won't go to court for a couple of months becasue that will give you time to reflect on your actions. Just read what you wrote. This behavior is very irresponsible. You have a tough up-hill battle.
Let your lawyer take care of your rights but seriously.....take a few moments to reflect. Don't make promises that you can't keep. Be honest with yourself. Are you quiting because you have an addiction or because you got caught behind the wheel? In other words are you sorry for your actions or are you sorry that you got caught???
blove29 01-23-2007 01:19 AM
I do not think I would worry about the weed in your system. Yea they say it stays in your system for 30 days so you could always say i got high 25 days ago. Then you werent obviously high when you went to jail, but then again i guess you and i know you really were.
Simple_Indian 01-24-2007 07:16 PM
Conditional Denied
I was even denied a conditional licence. I now have no hope of even finding a new job and trying to get back on my feet. I dont understand why I was denied a conditional as this was my first offence and my licence has never been suspended earlier
Blonde Lebinese 01-24-2007 07:31 PM
Quote:
Originally Posted by Simple_Indian (Post 1558103)
I was even denied a conditional licence. I now have no hope of even finding a new job and trying to get back on my feet. I dont understand why I was denied a conditional as this was my first offence and my licence has never been suspended earlier
Understand as I stated earlier , NY has cracked down on Driving and drinking .
Some Counties have ( 0 ) tolerance . Factor in you were racing/speeding with an Officer while drinking and driving .
The first time could have been the last time for you , another driver , or an innocent bystander .
Simple_Indian 01-25-2007 02:55 PM
Supporting Deposition
I got the supporting deposition from the Police Officer that gave me the tickets. He sent over all the tickets except the DUI/Alcohol and DUI Combined Alcohol/Drugs, he still sent me the DWAI/Drugs and the other traffic Violations. Does that mean they did not find any alcohol in my blood? Isn't he suppose to send me all the tickets that I originally got.
I really know that I had 4 shot of whisky like 5 hours ago and thought it would not show up.
but I was smoking in the afternoon so it would show up in my blood.
BigMistakeFl 01-25-2007 04:18 PM
BigMistakeFl
Fill in a few blanks..... what steps did you take to attempt to obtain a restricted license?
