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  #1  
Old 09-22-2003, 07:43 AM
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probable cause


What is the name of your state? MN

I was recently pulling out of a bar when the person behind me squelled his tires. I saw flashing red lights behind me and thought I was being pulled over, so I pulled over. After awhilie an officer came to my window and said he didn't pull me over, but an officer would be with me shortly. I took a breathalizer and failed. I was charged with a DUI.

Did the officer had probable cause to give me a breathalizer? Do I have a chance in court or should I just plead guilty?
  #2  
Old 09-22-2003, 01:20 PM
sdstrooper
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Did you reek of alcohol? If he smelled alcohol while you were talking to him in your car, he can test you.
  #3  
Old 09-22-2003, 02:43 PM
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Location: Catatonic State
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Re: probable cause


Quote:
Originally posted by fox225
What is the name of your state? MN

I was recently pulling out of a bar when the person behind me squelled his tires. I saw flashing red lights behind me and thought I was being pulled over, so I pulled over. After awhilie an officer came to my window and said he didn't pull me over, but an officer would be with me shortly. I took a breathalizer and failed. I was charged with a DUI.

Did the officer had probable cause to give me a breathalizer? Do I have a chance in court or should I just plead guilty?
**A: how many drinks did you have and the type?
  #4  
Old 09-22-2003, 03:49 PM
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I had three vodka dews, three beers, and a shot of jag in five hours.
  #5  
Old 09-22-2003, 03:54 PM
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Location: Los Angeles, California
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Quote:
Originally posted by fox225
I had three vodka dews, three beers, and a shot of jag in five hours.

My response:

Translation = 5 Vodkas, 8 Beers, and 3 shots, all in 3 hours.

By the way, isn't that the same crap that people drink who live in trailers?

IAAL
  #6  
Old 09-22-2003, 04:00 PM
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Location: Catatonic State
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I would say that the police officer had probable cause but there are several loopholes if you know how to interpret the drunk driving law and police procedural conduct, arrest action, entrapment law and communication etc.

Last edited by HomeGuru; 09-22-2003 at 04:12 PM.
  #7  
Old 09-22-2003, 04:03 PM
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Quote:
By the way, isn't that the same crap that people drink who live in trailers?
Translation: you don't know sh*t.

If you're not going to be helpful, please don't reply.
  #8  
Old 09-22-2003, 04:10 PM
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Location: Los Angeles, California
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Quote:
Originally posted by fox225
Translation: you don't know sh*t.

If you're not going to be helpful, please don't reply.


My response:

I am being helpful. I'm merely stating that you're obviously a piece of trailer trash. You're a drunken scumbag.

You lied. You had more than what you're telling us, and you drank it in less time. Just like I said, that's what trailer trash drink, and that's what they do.

IAAL
  #9  
Old 09-22-2003, 04:14 PM
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I found no trailer trash dui exemption in the applicable MN laws.
I guess you'll be facing the hounds fox.
  #10  
Old 09-23-2003, 07:33 AM
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Quote:
I am being helpful. I'm merely stating that you're obviously a piece of trailer trash. You're a drunken scumbag.
First of all I don't live in a trailer and I am not a scumbag. I probably make more money than you do. You assume way too much and assumptions are the key to all f*ck ups. Also I did not lie.
  #11  
Old 09-23-2003, 08:20 PM
Tomray
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Hey fox don't worry about IAAL, I mean look at some of these idiots that write replies. Anyone with over 23, 000 post I would say their just upset because you actually have a life and they do not. They like sitting up in their trailers all night replying to post.

About your question: The police may not have wanted you to stop, but once he made contact with you, he probably smelled alcohol. It is now his duty to take you off the streets. If you failed the breath test and I assume he gave field sobriety test IE... walk and turn, HGN, and one leg stand and you failed those thenI suggest a plea to first offense DUI would not be so bad. You would at least know what your getting before you go. You may even save some money from paying a scumbag defense lawyer.
  #12  
Old 09-24-2003, 11:39 AM
knotcops
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Quote:
Originally posted by Tomray
Hey fox don't worry about IAAL, I mean look at some of these idiots that write replies. Anyone with over 23, 000 post I would say their just upset because you actually have a life and they do not. They like sitting up in their trailers all night replying to post.

About your question: The police may not have wanted you to stop, but once he made contact with you, he probably smelled alcohol. It is now his duty to take you off the streets. If you failed the breath test and I assume he gave field sobriety test IE... walk and turn, HGN, and one leg stand and you failed those thenI suggest a plea to first offense DUI would not be so bad. You would at least know what your getting before you go. You may even save some money from paying a scumbag defense lawyer.
Probably smelled alcohol!! Hey fool, he did smell alcohol.
You want to know why you get the responses you do, because decent, hard working, responsible people get tired of listen to whiners, who drink, drive and get caught.

Whether you live in a trailer or not, you are trailer trash and a scumbag. We don't care how much money you make, because it's not relevent. Your an idiot for thinking money makes any difference at all. You drank, you drove, you got caught, tuff $hit. Deal with it.
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