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  #1  
Old 02-26-2013, 12:37 PM
bearsfan bearsfan is offline
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Question DUI HELP

Hi, my name is Janelle and i am at a lost, on 11/11/12 i was leaving my home my husband and i where sitting outside for 22 mins smoking etc and a police officer slowed down and parked around the cornor and turned his yellow lights on and we didnt think anything of it, i left and was pulled over within three mins he was a good mile, i could hardley see his lights, i pulled over and he said the reason for him pulling me over was bc i had no tags on the vehical, it was a new 2011 dodge charger, he asked me why i was leaving that home and was questioning me who was in the home, he asked me to get out of my vehical, he then asked me if i have been drinking i said i had two beers at 12-1 "the bears where going to be playing" he asked me to sit on the curb and he asked me "im going to surche your vheical" i asked why? he said becuase he can and does not need my consent, my husband showed up on site at this time and was told to step away and stand on the oppisit side of the street, another officer pulled up on a motorcycle and placed me in the back of the cop car, and said i am not being areasted but it is cold outside, 8 mins later he asked me to get out and if i am willing to take the DUI test i took all three test then was placed in the back of the car again, then the motorcycle officer asked me if i am willing to take the breath test i said yes and blew not once but three times, the officer who pulled me over walked over to my husband and said i blew a high .1 when i asked what i blew the first two times where 0.000 and the last time they would not tell me or show me, i was asked to stand up and i was put in handcuffs i asked for what and what common ground? they said i'm being arrested for DUI, they impounded the car for ONE DAY, and wouldn't give the vehicle to my husband who was There on site. i was taking to MVPD and was fully shackled i had 4 different officer come in and start "telling me" who my father-in-law is and what information do i have and they have been servalincing the house etc, at this point i was getting my blood taking in FIVE different places without my consent i asked then what they are doing they told me to be quite and don't move i asked don't i have to give you promising to do this, they never answered, i was transported to Robert Pressely detention center and was booked and released in three hours was never placed in a drunk tank, I was never read my Rights, I have attained a lawyer and contacted IA.. I guess what i am asking is if im doing the right thing and do i have a case?
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  #2  
Old 02-26-2013, 12:40 PM
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paul0660 paul0660 is offline
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You have a lawyer, you did the right thing.

What are you selling?
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  #3  
Old 02-26-2013, 12:44 PM
bearsfan bearsfan is offline
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Thank you, i just want to be able to tell them everything from start to finish but i don't know what rights i have and trying to find stuff out on the internet is very confusing because one website says one thing and another website says another
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Old 02-26-2013, 12:48 PM
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paul0660 paul0660 is offline
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Quote:
Originally Posted by bearsfan View Post
Thank you, i just want to be able to tell them everything from start to finish but i don't know what rights i have and trying to find stuff out on the internet is very confusing because one website says one thing and another website says another
I guess "good" lawyer is important. If you have one, you will learn more from them than cruising the web. You can tell your lawyer the truth, and that cannot be used against you. End of story.
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  #5  
Old 02-26-2013, 12:51 PM
DVSmith DVSmith is offline
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Talk to your lawyer. Nothing else is important.
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  #6  
Old 02-26-2013, 1:00 PM
Noggles Noggles is offline
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1) paragraphs
2) why are you posting here?
3) "servalincing"... WTF?
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  #7  
Old 02-26-2013, 1:02 PM
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njineermike njineermike is offline
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Who comes to a gun forum and asks for advice on a DUI?
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  #8  
Old 02-26-2013, 1:03 PM
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paul0660 paul0660 is offline
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Quote:
Originally Posted by Noggles View Post
1) paragraphs
2) why are you posting here?
3) "servalincing"... WTF?
Noggles, don't forget your Caps and punctuation while criticizing others.
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  #9  
Old 02-26-2013, 1:11 PM
FORD4LIFE FORD4LIFE is offline
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Wrong section
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  #10  
Old 02-26-2013, 1:26 PM
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ericourt ericourt is offline
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here you go

http://www.forum.drinkdriving.org/
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  #11  
Old 02-26-2013, 2:25 PM
DavidRSA DavidRSA is offline
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There is no requirement that you be read your Miranda rights in a DUI,s icne they are tpyically not using statements you make against you but rather they go by the initial PAS (preliminary Alcohol Screening) device aka breathalyzer, and then any subsequent blood test or breath test. What are ARE required to do is tell you that the PAS test is voluntary, ie that you may refuse to take it. Also, once you have been placed under arrest, you HAVE to be given the choice of a blood draw or another breath test at the station, unles they suspect you may be DUI-drugs. Since you blew a 0.0 they most likely suspected that. So they can compel you to give blood. BUT there is no legal limit for drugs (ie no 0.08 like there is for alcohol) so even if drugs do show up in your system, there is no level at which you can be found guilty. In order to be found guilty of a DUI-D, you have to be given a battery of field sobriety tests conducted by a certified Drug Recognition Expert (DRE). It does not sound like you were. This is a winnable case based upon the facts you gave, as long as your attorney is prepared to defend this case in a relentless manner. Feel free to pm me for more.
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  #12  
Old 02-26-2013, 5:15 PM
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JNunez23 JNunez23 is offline
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I'll take it
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  #13  
Old 02-26-2013, 6:07 PM
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What's for sale?
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  #14  
Old 02-26-2013, 6:21 PM
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I would be carefull what you post online since I assume this is an on going investigation. The info you post can be used against you or to get your case thrown out!! You never know who is out there looking...

My advice: Don't talk about it to anyone BUT a lawyer!!
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  #15  
Old 02-26-2013, 6:23 PM
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Baconator Baconator is offline
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I feel like any minute you are going to tell me I inherited a million dollars from my Nigerian uncle.
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  #16  
Old 02-26-2013, 6:26 PM
SarcoBlaster SarcoBlaster is online now
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Cool story, broette.
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