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  #1  
Old 01-26-2005, 07:47 AM
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right to submit


What is the name of your state?il
I received a business card from an attorney with a message on the back side.it is to be offered to an officer when pulled over for possible dwi/owi.it states as follows:
dear officer, please be advised,i mean no disrespect bot i refuse to talk to you,other than to identify myself, until i consult with my attorney.i also refuse to consent to any searchof these premises or any premises undermy control, or to anything to which i have a possessory,proprietary or privacy interest including but not limited to my residents,vehicle,body or packages.i further refuse to consent to the taking of any portion of myproperty,or any specimen of my breath,bodily fluids or tissue,for scientific analysis without the reasonable opportunity to obtain the advice of my attorney by telephone.further i refuse to perform any tests of manual dexterity. i desire to exercise all my rights guaranteed by the constitution of the u.s. and the constitution of the state of illinois to be free from your interference with my person or affairs. if i am not under arrest i want to leave.if i am free to leave,please tell me immediately so i may go about my business.

i found this interesting.looking for your responses and thoughts regarding this statement.carl as an officer what is you response?
  #2  
Old 01-26-2005, 08:49 AM
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I have seen these cards on the internet but have never had anyone hand me one. If they did, oh well, then I suppose I would have to base my decision on what I saw.

In the case of a DUI I would still have the observed driving (if bad driving WAS observed), I would have the odor of alcohol, I might have fumbling or poor coordination while retrieving a license and vehicle paperwork, I might have bloodshot and watery eyes, I might have slurred speech, and I would have the implied consent law to allow me to compel a chemical test should I feel there is good cause to make an arrest. And without FSTs, I will be left with nothing else to go on but those observations ... it could be bad for you as I might err on the side of caution since your not choosing to cooperate. But, it might benefit you.

Who knows.

Oh, and there is no right to consult an attorney before the mandated chemical test or a compelled chemical test.

But, I CAN say that if someone handed me one of those things, I would immediately switch to hypersensitive mode ... I would be keying on every little thing said and done.

However, I will probably retire before I ever see one of those things, so I really don't worry about it.

- Carl
__________________
A Nor Cal Cop Sergeant

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

He Who Kneels Before God
Can Stand Before Anyone

....author unknown
  #3  
Old 01-26-2005, 09:43 AM
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Posts: 179

Wow


DUI is big business.
  #4  
Old 01-26-2005, 10:12 AM
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Quote:
Originally Posted by Alchohol_Free
DUI is big business.
It's a dangerous business.

- Carl
__________________
A Nor Cal Cop Sergeant

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

He Who Kneels Before God
Can Stand Before Anyone

....author unknown
  #5  
Old 01-26-2005, 10:13 AM
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Join Date: May 2000
Location: Catatonic State
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Quote:
Originally Posted by poiduke
What is the name of your state?il
I received a business card from an attorney with a message on the back side.it is to be offered to an officer when pulled over for possible dwi/owi.it states as follows:
dear officer, please be advised,i mean no disrespect bot i refuse to talk to you,other than to identify myself, until i consult with my attorney.i also refuse to consent to any searchof these premises or any premises undermy control, or to anything to which i have a possessory,proprietary or privacy interest including but not limited to my residents,vehicle,body or packages.i further refuse to consent to the taking of any portion of myproperty,or any specimen of my breath,bodily fluids or tissue,for scientific analysis without the reasonable opportunity to obtain the advice of my attorney by telephone.further i refuse to perform any tests of manual dexterity. i desire to exercise all my rights guaranteed by the constitution of the u.s. and the constitution of the state of illinois to be free from your interference with my person or affairs. if i am not under arrest i want to leave.if i am free to leave,please tell me immediately so i may go about my business.

i found this interesting.looking for your responses and thoughts regarding this statement.carl as an officer what is you response?
**A: and I have a card from the DA with a message on the reverse that the cop can show you in return "Nice to meet you. Sit down, place your head between your legs and kiss your ass goodbye"
  #6  
Old 01-26-2005, 11:01 AM
seniorjudge
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[url]http://www.duiblog.com/2005/01/19#a88[/url]
  #7  
Old 01-26-2005, 12:07 PM
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Join Date: Dec 2004
Posts: 179

I can't imagine


getting stopped by an officer and showing a card like that. You're just setting yourself up to get hammered.
  #8  
Old 01-26-2005, 01:00 PM
seniorjudge
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Quote:
Originally Posted by Alchohol_Free
getting stopped by an officer and showing a card like that. You're just setting yourself up to get hammered.
Did y'all know that most traffic stops do NOT end with a ticket? Ask any cop.

Anyway, if you hand a card like that to a cop, it will kind of set the tone for the whole encounter.

If a cop stops you, he probably could give you several tickets; most of the time, you might get one or two. Give him that card and you will get a ticket for everything he can think of.

A cop driving down the interstate could give a ticket to every car on the road and probably make it stick. Give him the card and you will get a ticket for sure. Be nice and you might get off with a warning.

This isn't legal stuff, folks, just human nature.

(Full disclosure: I just paid a big traffic ticket. The cop very politely told me he didn't give a rip if I was a judge or a janitor!)
  #9  
Old 01-26-2005, 01:51 PM
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Did you


preside over your own case? Jail time? or did you give yourself deferred?
  #10  
Old 01-26-2005, 02:05 PM
seniorjudge
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Quote:
Originally Posted by Alchohol_Free
preside over your own case? Jail time? or did you give yourself deferred?
I sentenced myself to 30 days, hoping for a vacation but they hauled me back to work!
  #11  
Old 01-26-2005, 03:32 PM
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Join Date: Oct 2004
Posts: 34

I had the same thoughts


yes everyone i felt the same way.i have only had 1 ticket in 20 something years.i am sure there are many folks out in this crazy world who would use this card as a "preventive measure".i have found through my travels always be kind and use yes sir or mam,no sir,etc. thanks for your thoughts.
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