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Old 03-31-2008, 08:07 PM   #61
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Man... sorry to hear it. I hope you get things sorted soon and that it works out for ya. :slide:
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Old 03-31-2008, 08:08 PM   #62
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Back away from the auto trader....no need to sell the bike yet. Let the situation calm down. I've been in this situation before when I was about 27 amd it turned out good.

And Wade, call me if you need anything.

And dang Jet...you typed a novel back there!!! lol
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Old 03-31-2008, 08:10 PM   #63
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Quote:
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It's definately a "true" DUI, but no it is not a DWI.

it's a driving under the influence charge, but it's only a C misdemeanor, a regular dui is a B
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Old 03-31-2008, 08:17 PM   #64
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1st Miranda Right.

You have the right to remain silent.

So basically when you see yourself getting stopped on a dwi stop. STFU. dont blow, dont do hgn, dont answer any questions, just nod your head and answer yes or no. if that.
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Old 03-31-2008, 09:00 PM   #65
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Quote:
Originally Posted by andre3k View Post
1st Miranda Right.

You have the right to remain silent.

So basically when you see yourself getting stopped on a dwi stop. STFU. dont blow, dont do hgn, dont answer any questions, just nod your head and answer yes or no. if that.
But don't they arrest you and suspend your license if you refuse to do what they ask ?
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Old 03-31-2008, 09:42 PM   #66
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Quote:
Originally Posted by cashtown View Post
it's a driving under the influence charge, but it's only a C misdemeanor, a regular dui is a B
Funny how that works huh?
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"And so, this tiny metal deathtrap becomes known as the ultimate form of freedom. Like a steampunk cyborg, man and machine fuse to make a symbol of what you can become when style and speed matter more than safety and efficiency. Is it any wonder that some people just get mad every time they see a motorcycle go by? Because it challenges everything they have, while proving to them that they donít have enough."
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Old 03-31-2008, 09:51 PM   #67
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....yup, youre fuct buddy.
It's true, I had buddy that got one, it wasn't pretty. S*** happens, just keep your head up. AND GOOD LUCK.
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Old 03-31-2008, 10:16 PM   #68
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Funny how that works huh?
it's not the same, dude.
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Old 03-31-2008, 10:34 PM   #69
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Quote:
Originally Posted by JET View Post
Hmm so give them evidence against you and your a$$ pay$ for it. Or give them nothing and they have nothing to go on which = no CONVICTION.

So believe what you want, he is right, it is the 5th admendment right to remain silent, anything you say can and will be used against you.


J
Quote:
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Refusing to blow or do SFST will most likely result in no licensio. You will have an admin hearing with DPS concerning this.
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Old 03-31-2008, 10:48 PM   #70
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1st Miranda Right.

You have the right to remain silent.

So basically when you see yourself getting stopped on a dwi stop. STFU. dont blow, dont do hgn, dont answer any questions, just nod your head and answer yes or no. if that.

everyone thinks they can beat the system this way... but it's just not true. sure...people beat DWI cases this way but not as many as those that lose.

if you refuse to blow/take the tests... you automatically lose your license no matter what. you'll still have to pay the surcharges for the next 3 years. you'll still have to go to court. you'll still have to pay all those fabulous attorney's fees. and you still stand a good chance of losing. remember folks...all of the DWI units for HPD have cameras in the car...so when the jury sees you stumbling and bumbling all over the place...and they see you can't form a sentence without slurring, good chance you'll still get hammered.

the majority of the cases where the don't blow/ don't test theory works is the borderline cases. if you're a .08 to .10 or so you can get off because you may not be stumbling or slurring so therefore it's much harder to prove your intoxicted without the tests. however, MOST people who get pulled over for DWI aren't in that category...all of my DWI's have been .19 and above. You can't hide that stuff on video.

anyways, it's certainly a right of yours to refuse and if that's what you think is the right think to do then i support you 100%. just don't think that if you refuse you're garaunteed to get off.
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Old 03-31-2008, 11:33 PM   #71
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That sucks dude. I thought for sure you can get away with just one beer as long as you don't have anything on you. Welcome to the bikeless and wish to get another one club.
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Old 04-01-2008, 12:35 AM   #72
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Quote:
Originally Posted by Daytona_Rider View Post
everyone thinks they can beat the system this way... but it's just not true. sure...people beat DWI cases this way but not as many as those that lose.

if you refuse to blow/take the tests... you automatically lose your license no matter what. you'll still have to pay the surcharges for the next 3 years. you'll still have to go to court. you'll still have to pay all those fabulous attorney's fees. and you still stand a good chance of losing. remember folks...all of the DWI units for HPD have cameras in the car...so when the jury sees you stumbling and bumbling all over the place...and they see you can't form a sentence without slurring, good chance you'll still get hammered.

the majority of the cases where the don't blow/ don't test theory works is the borderline cases. if you're a .08 to .10 or so you can get off because you may not be stumbling or slurring so therefore it's much harder to prove your intoxicted without the tests. however, MOST people who get pulled over for DWI aren't in that category...all of my DWI's have been .19 and above. You can't hide that stuff on video.

anyways, it's certainly a right of yours to refuse and if that's what you think is the right think to do then i support you 100%. just don't think that if you refuse you're garaunteed to get off.

All of that is a given once you get the dwi and go to intox anyway. If you dont talk, no hgn, and no sfst. the only evidence that can be used in a trial is the officers report, and lets admit it most patrol officers suck at dwi's. thats why they bump task force or step units to come and get them anyway. and maybe in car video. Most people that refuse to blow refuse to do the station video as well.

So you as an officer go to trial. You might have scene video. maybe. if he refuses hgn, you wont have that. if he refuses sfst's, you wont have that. no breathalyzer results, nothing. scene video nothing there. So in the end you all you have is your written report to present to the jury to convince them that this guy was intoxicated. Thats when the defense attorney jumps in and tries to rip you a new one while you're on the witness stand.

For some people blowing 15k on a dwi defense is a drop in the bucket to not having a conviction on their criminal history. Sure having your license suspended sucks, paying surcharges sucks, interlock devices suck. But the only thing that really matters in the end is whether you get the conviction or not.

You're fuked either way but if you dont test or blow you are less likely to be ****ed in a trial.

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Old 04-01-2008, 12:53 AM   #73
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wow brudda that sucks. get another horse ASAP!
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Old 04-01-2008, 02:19 AM   #74
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Dont chitty chat with LEO's. (they will tell you this) You do not have to tell him about your point of departure, destination or what you did and will be doing at the two places respectively. Nothing good comes of that.

Get a good attorney. Pm if you need help on finding one.
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Old 04-01-2008, 03:59 PM   #75
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what is a SFST and HGN
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Old 04-01-2008, 04:01 PM   #76
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what is a SFST and HGN
Standard Field Sobriety Test.
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Old 04-01-2008, 04:02 PM   #77
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Quote:
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what is a SFST and HGN
SFST = Standardized Field Sobriety Test

HGN = Horizontal Gaze Nystagmus
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Old 04-01-2008, 04:20 PM   #78
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I agree 100% once you get one they will try to stick you with more. After 10 pm your drunk. Could be earlier
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Old 04-01-2008, 04:57 PM   #79
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Old 04-01-2008, 04:59 PM   #80
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