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#31
11-20-2005, 03:13 PM
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Re: The simple answer
The problem is that field sobriety tests don't measure your ability to drive, or your sobriety. If you fail one you don't deserve to go to jail, since many, many people would fail them entirely sober. You are missing the point, by a wide margin. Your ignorance threatens my life, and the life of my family, but luckily I don't parade around beating you with the idiot stick you so richly deserve.
"Cell companionship?" For a DUI? I thought you and your wife worked in the legal system...how could you possibly be this clueless? Let me guess, everything you (and your wife) know about prison you learned from Office Space? I'm done arguing with a brick wall. 
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#32
11-20-2005, 03:13 PM
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Re: The simple answer
Meh, you chose to get on the road knowing there were people in other cars who had been drinking. Don't put this on anyone but yourself buddy.
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#33
11-20-2005, 03:13 PM
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Re: If not \"Two Beers, Officer\", then what?
Does anyone know if you can "demand" a Breathilizer on the spot? I say demand meaning that if you know you are sober and they are going to take you in for blood/breath test, can you demand an on the spot Breathilizer so if you pass that you can just go on your way?
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#34
11-20-2005, 03:15 PM
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Re: If not \"Two Beers, Officer\", then what?
You don't need to be over the legal limit to get a DUII btw, you can get one for taking a Benadryl. Seriously.
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#35
11-20-2005, 03:15 PM
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Re: If not \"Two Beers, Officer\", then what?
Last thread a guy posted about getting a breathalyzer immediately, blowing less than half the legal limit, and getting arrested anyway.
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#37
11-20-2005, 03:18 PM
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Re: If not \"Two Beers, Officer\", then what?
[ QUOTE ]
I asked the wife (who is a lawyer who has both prosecuted and defended people for DUI). She said that during the "investigation" phase this likely would not work. Once arrested, you have rights under Miranda. So your refusal to talk would likely result in arrest. Your refusal to do the breath test is generally an AUTOMATIC 1 year suspension, whether you are eventually found guilty or not. It is, of course, possible that your refusal may prevent them from gathering enough evidence to prosecute, but again, it's easier to avoid the whole mess. [/ QUOTE ] I think there may be some miscommunication because you definitely cannot be arrested for refusing to answer a question (Excluding stuff like your name and the information on your license) because that would be a 5th Amendment violation. The difference between the situation before you are arrested and after you are arrested is that the cops must read you your Miranda rights after you are arrested. But the 5th Amendment nevertheless still applies before you are arrested. That being said, it might not be a good idea to not answer the cops questions because it may antagonize him and cause him to do a field sobriety test.
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#38
11-20-2005, 03:19 PM
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Re: The simple answer
[ QUOTE ]
Meh, you chose to get on the road knowing there were people in other cars who had been drinking. Don't put this on anyone but yourself buddy. [/ QUOTE ]
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#39
11-20-2005, 03:19 PM
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Re: If not \"Two Beers, Officer\", then what?
Yes, however you can be detained for 72 hours without being arrested. I don't recommend refusing questions before you are arrested.
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#40
11-20-2005, 03:20 PM
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Re: The simple answer
[ QUOTE ]
Meh, you chose to get on the road knowing there were people in other cars who had been drinking. Don't put this on anyone but yourself buddy. [/ QUOTE ] I certainly don't like Milo's "Holier Than Thou" attitude about drinking and driving, but this was a pretty lame comment. I hope it was just a bad joke. My main beef with Milo is he's trying to fight this on the wrong level. I am a resonsible adult and know my limits. I've had friends who have wrapped themselves around telephone poles and have had friends get hit by drunk drivers when they were completely sober. I also understand that others don't know their limits. My roomie is a perfect example of this. There's no middle ground with him, it's either completely sober or a complete wreck. I don't defend people who get "drunk" and drive but it's our ambiguous laws that really let people drive drunk. If you want to fight something, fight the fact that you can drink & drive with your lawmakers. Trying to fight with each person to not drink anything and drive is like challenging a 1 legged man to an ass kicking contest.
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