Minnesota DWI and possible bad treatment in jail ??

[Lisa101010]

Thank you for reminding me about how much politics impact DWIs. Its just that it is so unfair how that works. Luck plays such a huge role. Its like poker, either I'm all in or I'm not. If I raise a little bit, I still might lose. I don't mean to bitch, but its hard not to. Well, thanks for reading my posts!

 

[You Are Guilty]

Since when does Johnnie Cochran practice DWI defense in Minnesota?

 

[BigMistakeFl]

BigMistakeFl

It is pretty much like a roll of the dice. There isn't much middle ground either. If you fight it and take it to trial before a jury, you go for "not guilty". And frankly, not that many DWI / DUI cases get to the trial point. I fought mine, and caved to minimum penalties before jury selection. No matter how low my BAC, the cops' testimony (there were several who all had identical testimonies) was too strong for me to win in front of a jury of.... pretty much old folks that actually serve on juries today.

Funniest part of my case is, I wasn't really drunk the evening I was arrested. BUT, I had been before and would have been again. The arrest stopped me. Now my personal legal limit is .00..... but that's just me.

 

[Lisa101010]

Well, Johnnie Cochran is dead, but he still has a law firm in California. I was referred to his firm by my Employee Assistance Program -- I don't think I would have actually been assigned an attorney from his firm, unless they expected me to fly someone out to Minnesota! Ha! Since I can't afford to spend 5-7 grand on a lawyer, I didn't find out how it would work. But, I am sure that the Cochran law firm considers itself a national company.

 

[Tattood]

Just wondering

I thought I would pass the field sobriety test, but I didn't even pass the field breath test. They arrested me immediately after I blew and refused to tell me what I blew. They took me to the station for the official breath test, which gave me a .08.

After you were stopped, did the officer wait 15 min. before giving you the BAC? I don't know about MN, but in IA they are required to wait 15 min. after the stop, and I'm not sure, but I think that the BAC is the last test they are supposed to give. Like I said, not sure but I think they're supposed to do the other field sobriety test first (ie; walk the line, stand on one leg, follow the pen etc.) Might be a technicality a lawyer could look at.

Tattood

 

[Lisa101010]

It is pretty much like a roll of the dice. There isn't much middle ground either. If you fight it and take it to trial before a jury, you go for "not guilty". And frankly, not that many DWI / DUI cases get to the trial point.

That roll of the dice thing -- how true! Its just not fair.

Whatever I do, I am NOT planning to go to a trial before a jury. I am fairly certain I'll get it down to careless driving. That is how most cases like mine turn out.

 

[Lisa101010]

After you were stopped, did the officer wait 15 min. before giving you the BAC? I don't know about MN, but in IA they are required to wait 15 min. after the stop, and I'm not sure, but I think that the BAC is the last test they are supposed to give. Like I said, not sure but I think they're supposed to do the other field sobriety test first (ie; walk the line, stand on one leg, follow the pen etc.) Might be a technicality a lawyer could look at.

Tattood

No, the officer did not wait 15 minutes to give me the BAC. I don't think this is a requirement.

I will probably get bashed about this on the board, but I have had to take 2 breath tests earlier in life when pulled over -- both times I passed and had no ticket or anything (one was a .04 and another time I was completely sober). Neither occasion did the officer wait 15 minutes, so I am pretty sure he's not required to do so in Minnesota.

At the police station, for my official test, I was given 20 minutes before taking the test so I could call a lawyer. I didn't have anyone to call, so I took the test, after paging through the yellow pages for 5 minutes. I probably should have waited the rest of the time -- who knows, I might have dropped a few points, been below .08, and went home! But, hindsight is 20/20. And there were lots of things I could have done differently that night, like simply driving down a different street.

 

[Zephyr]

No, the officer did not wait 15 minutes to give me the BAC. I don't think this is a requirement.

I will probably get bashed about this on the board, but I have had to take 2 breath tests earlier in life when pulled over -- both times I passed and had no ticket or anything (one was a .04 and another time I was completely sober). Neither occasion did the officer wait 15 minutes, so I am pretty sure he's not required to do so in Minnesota.

At the police station, for my official test, I was given 20 minutes before taking the test so I could call a lawyer. I didn't have anyone to call, so I took the test, after paging through the yellow pages for 5 minutes. I probably should have waited the rest of the time -- who knows, I might have dropped a few points, been below .08, and went home! But, hindsight is 20/20. And there were lots of things I could have done differently that night, like simply driving down a different street.

or calling a cab

 

[Lisa101010]

Funniest part of my case is, I wasn't really drunk the evening I was arrested. BUT, I had been before and would have been again. The arrest stopped me. Now my personal legal limit is .00..... but that's just me.

Same here - I don't think I was drunk either. I've taken a breath test before, while feeling like how I felt the night I was arrested, and passed. But, I have never been one to drive drunk. The few times in my life I have been actually drunk, which has been few, I didn't drive anywhere.

And, I do realize that there are many, many people who drive completely intoxicated on a regular basis, and many of them don't get caught. I suppose now cops are out looking for people .10 and less, and pulling them over for any reason possible, so they don't have as much time/resources to watch for and pull over those who might be swerving/speeding/causing trouble.

 

[Happy Trails]

or jumping a bus...

You were glad you didn't refuse the test, that would have made it a third-degree driving while impaired.

MN is getting stricter on their laws when people are driving while impaired. So hopefully, this will be your last time drinking and getting behind the wheel.

With fines, insurance hikes, loss of license and jail time, it just isn't worth it.

 

[Ugot_ThatRight]

How about those attorneys that Say Refuse the Breath Test? Most of them here in NY always say (lawyers I mean) that it is Wiser to NOT give a Breathtest?

It is All $$$$$$$$$$$$$ I have heard over and over from Friends (lawyers) that te;ll you NEVER to submit to that test--- Why? I dunno----- But it ranks BIG Time Here- Lawyers Love to hear that the BreathTest was refused... WHY???? I still Dunno- you are revoke AUTO if you don't submit--- so WHY do they (lawyers) tell and or advise anyone they know NOT to submit to one????

I do NOT agree to Drinking and driving--- but if someone has a .04 or less (while at a Business Dinner) and have been told by (friend) lawyer(s) to Never Submit... then faces Revoke For months or even a year- is that OK?

IT IS ALL politics! And $$$$$$$$$$$$$$$$$$$$

 

[Just Blue]

or calling a cab

Then she would bitc* about the DD Laws are a conspiracy by the Taxi Drivers Lobby to increase their profits.....

 

[Lisa101010]

I've asked several lawyers if I should have submitted to the breath test and they all told me that yes, I did the right thing when submitting to the breath test. I thought I was going to pass it. And hey, I almost did.



Oh well, at least I am not driving now. I am such a public nuisance!! I was soooooooo wasted after drinking 3 beers in a 2 hour time period - who wouldn't be, right?? At least they pulled me over instead of another driver who could have been even drunker and killed someone. Whew! Gotta have population control!

 

[Just Blue]

I've asked several lawyers if I should have submitted to the breath test and they all told me that yes, I did the right thing when submitting to the breath test. I thought I was going to pass it. And hey, I almost did.



Oh well, at least I am not driving now. I am such a public nuisance!! I was soooooooo wasted after drinking 3 beers in a 2 hour time period - who wouldn't be, right?? At least they pulled me over instead of another driver who could have been even drunker and killed someone. Whew! Gotta have population control!

*sigh*

 

[divgradcurl]

Oh well, at least I am not driving now. I am such a public nuisance!! I was soooooooo wasted after drinking 3 beers in a 2 hour time period - who wouldn't be, right?? At least they pulled me over instead of another driver who could have been even drunker and killed someone. Whew! Gotta have population control!

Why do people always resort to "I wasn't that bad, they should be out looking for someone who did worse" as a defense? Look, you blew the limit, if you are found guilty of DUI, then you ARE the type of person that the police is out looking for -- people who break the law! If you are convicted of DUI, then yeah, you ARE a public nuisance. Are you the biggest nuisance? Almost certainly not, but you ARE a nuisance nonetheless.

Maybe you should go to law school, it'll teach you all about balancing tests, societal norms, local standards, and public policy, and how all of those impact the final written statutes, and how they impact the interpretation of a given statute in a given factual situation. Because what you fail to realize is that, from society as a whole's point of view, you are a drunk driver, you are a nuisance, and you are the type of person that the police are there to get off of the streets.

Doesn't mean you are a bad person, or that you can't change, but it does mean that your rantings are, to say the least, a bit misplaced...