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What do you think my chances are?

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s82a1a

Guest
Was pulled over for not coming to a complete stop as I turned right at a light the other night. The officer told me he could smell alcohole on my breath and made me start the line, eye and alphabet test. I did just fine with everything, but I screwed up the alphabet because I was so freaking nervouse. I was taken in and I refused the breath and chemical test. They took my license and I was let go.

I have a clean record and no prior offenses.

Do I have a chance to plea it down to a traffic violation?

Thanks,
Matt in Ohio
 


B

budylee74

Guest
Simply put, no. The officer had every right to arrest you for dui once you ran the stop light. You may get lucky with a good attorney and get it reduced to dwi which would be much better. Good luck man, I know it sucks to be in that position.
 
H

Humble Warrior

Guest
You "could" fight it.....but in most states,a refusal is considered an admission of guilt by default.
If you took it to court,the prosicution is going to put the cop on the stand,and ask him if he saw you run the light(yes) ,did he smell alcohol(yes), did you fail the road side test in his opinion(yes),did you refuse the blood test(yes), is this an automatic plea of giulty in your state(probably yes).
You word is worthless in court,you are guilty and must prove yourself innocent,you cannot prove the negative.....therefore you are guilty.....take a plea with a good lawyer behind you. Welcome to America.
 
F

FKNA

Guest
s82a1a,

I wouldn't listen to everything Humble Warrior has to say. One thing you should listen to is "you are guilty and must prove yourself innocent". Everything else can be discounted.

Ask yourself one question, are you GUILTY? If so, take it like a man/woman. If you are not, then you SHOULD fight it. Right now the ONLY evidence they have against you is what was put in the police report. Get yourself a lawyer and fight it. With the lack of evidence that they have, I wouldn't be surprised one bit if the DA offers a plea of P.I. before it ever makes it to trial. And yes, there is the possibility of it even being pleaded out to a traffic violation.

Btw, by refusing the breath and chem test is NOT "a refusal is considered an admission of guilt by default." However, there are other repercussions for refusing thoses tests. But it sure the heck isn't an admission of guilt by default.
 
M

mcormick

Guest
I know in MI state,if you refuse the breath test,its automatic 6 month suspension. Yes try and get it dropped down.As far as hiring a lawyer your better off hiring your mother,that lawyer is not going to do much for you.They sound good in thier office and on the phone but in front of the judge.You talk more than they do.Good luck.
 
R

RedneckRoy

Guest
mcormick last week I was reading something in the paper. I can't remember what city it said it was for. But it was one of the bigguns, LA, NY, Houston, Dallas, Chicago, you get the picture. Guess what, the two professions that made the most money last year were lawyers and judges. Go Figure.
 
M

mcormick

Guest
lawyers

yea, RedneckRoy, your 100% right.I wish we can start our own web site about these phonys .All the dui cases out there ,somebody getting rich.The lawyers sound good when your busted,nervous,scared,etc... but thier really just leeches.DUI is a blue collar crime.lawyers and thier law degrees just cant relate.
 
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Humble Warrior

Guest
Food for thought:

If Drunk Driving was such a major crime in the eyes of the law,and the public in general......why is it legal for bars to have parking lots?
 
D

deefran

Guest
Humble Warrior said:
Food for thought:

If Drunk Driving was such a major crime in the eyes of the law,and the public in general......why is it legal for bars to have parking lots?
So the DESIGNATED DRIVERS can drive their intoxicated friends home...what an idea..surely never thought of.
 
R

retank

Guest
I had heard that judges and politicians know to refuse the alcohol/blood test since there will be no proof of their intoxication.
However, I refused any tests one time back in 1987, in Golden Colorado,(think Coors), and although there was no physical evidence of intoxication, I was still found guilty by the jury of rich white folks(who were definitely not my "peers") another lie of the constitution, the first being "All Men Are Created Equal",,,written by white slave owners.
So, I lost my license for two years, one for the refusal, and one for the actual "presumed dui".
 

TYRIS

Member
in california, we have what is called a forced blood draw. if you refuse a bac test, you automatically lose your license. the officer will then take you to the local hospital and draw blood anyway. you will usually lose the dui case once the bac comes back.
 

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