What should a driver do if accused of DUI?

Discussion in 'Experienced Truckers' Advice' started by Mrh2008, Dec 30, 2013.

  1. blairandgretchen

    blairandgretchen Road Train Member

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  3. Oi!

    Oi! Road Train Member

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    You and I both know it was just a BS excuse to search the dude's car. It's not like those hicks that cut me off the other day in their plastic schittbox, I was doing the speed limit and those dingleberries were doing about 55 in the middle lane (don't you just love them) just jumped in my lane no signal or anything just because their exit was coming up. THAT is an improper lane change, but cops wouldn't pull anybody over for that. Stoners are more dangerous, apparently.
     
  4. Gasienica

    Gasienica Heavy Load Member

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    Arizona nuff said.

    Hell youll ull get pulled over in Arizona for tread depth being to low. He'll say he saw it was lower then 2/32 while your doing 75mph down the interstate.
     
  5. Mrh2008

    Mrh2008 Road Train Member

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    The end of the story is, I drove on home with no citations at all. I was driving my brothers car, not my big truck, but my big truck is parked at home for Christmas.
     
  6. Mrh2008

    Mrh2008 Road Train Member

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    Here's how my sobriety tests went, if you're curious.

    I followed the pen with my eyes. Must have been doing good because he kept going! Followed that thing around for a couple minutes, at the end he brought the pen in towards my nose and my eyes crossed. However, they didn't STAY crossed. Indicating that I'm a marijuana user, or so he said.

    Head back eyes closed, touch your nose with the index finger I tell you to use. Then he starts whispering right left left right right blah blah blah. Did all that fine.

    Pull your bottom eyelids down. Must have had me do that at least 5 times total while shining his big ol flashlight in my eyes. Yea, that irritated my eyes! marijuana!

    checked my pupils for about 30 seconds each, again with his big light. Might have been trying to blind me so I'd fail his walk the line test!

    walk the line. Self explanatory.

    head back, eyes closed and tell me when 30 seconds has passed. Apparently, I said stop at 23 seconds. Marijuana!

    those tests, in my opinion, are not given to be passed. They're givin to document guilt.

    Im 25, no medical problems, no medication and completely sober but with the nerves going, flashing lights, cars driving by, pressure to perform etc etc I didn't pass everything I guess.
     
  7. dannythetrucker

    dannythetrucker Road Train Member

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    You're absolutely correct. If you read police reports on DUI arrests the subjects always have a "strong odor of alcohol/marijuana", they always fail field sobriety without a doubt. You will never find one where the subject smells "a little like beer" or "a faint odor of marijuana". And you will never find one where the subject almost passed a field sobriety test. In the end they need the blood, follicle, or breathalyzer. These field tests and observational evidence is just used to support those findings, cops will always say someone failed once they get the real evidence. And if they don't get the real evidence you won't be charged anyways. The tests are B.S.

    Your best bet in these situations is to keep your mouth shut. Ask the cop why he is investigating you and if you are free to leave. You can refuse all field sobriety tests, but in some states this will cause a 6 month suspension of your license. However, it will be very difficult for them to convict for DUI without those tests.

    Don't try to prove your innocence to a cop. You are innocent by default, all a cop can do is gather evidence to try to prove your guilt. That's why they say, "everything you say will be used against you". A cop will always try to convince you that it is better to cooperate and answer his questions. "We can do this the easy way or the hard way", etc... What they really mean is you can make it easy for them to bust you or difficult.
     
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  8. Boardhauler

    Boardhauler Road Train Member

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    I live in the heart of pot country. The cops here have a simple saliva test that indicates if you've smoked recently, some say up to 48 hours ago.

    What the cop was doing here was a classic lsw enforcement game- trying to get you to admit guilt. NEVER ADMIT ANYTHING! If you say you did whatever, that goes on the report & it's all the evidence they need to file charges.

    I have argued for 45 minutes with a county mounty over whether I was speeding on my motorcycle. At one point he claimed he had me on radar, but he wouldn't show me the reading. Finally I asked him the magic question; "Officer, am I being detained?" When I din't get a straight answer I asked again; "Please cite me, arrest me or allow me to leave." He let me leave. I should have called or written his superior, but I was 80 miles in to a two week vacation & just didn't want to deal with it.

    I did call the local chief of police to complain after I got pulled over for about the third time in a year driving through town after midnight. The reason given was that the hitch ball on my pickup's bumper was obscuring my license plate. The real reason was they were using it as a pretext to troll for drunks. The superior officer I ended up talking to was not amused when I told him that anyone who could not read my license plate did not have good enough eyesight to qualify for law enforcement. I haven't been pulled over since then.
     
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  9. full speed

    full speed Heavy Load Member

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    Another thing I've noticed is they'll try to lead you on by puting words in your mouth. Basically trying to get you to admit to they're version of what happened.

    Somthing like in this nature.

    They say so you came over to by some some papers so you can smoke some marijuana right. Or I know what happened, you don't have any pot but you just smoked some a little while ago and your now buying some rolling papers so can go smoke some later on right.

    Trying yo get you to admit guilt that way. Never donate any info and never incriminate your self. They like you to say yes or know. They never really want to here what you really have to say.

    The best thing you can do is not argue and be clear about what you are saying. If the officer starts getting out of hand and it seems as talking not going to do you any good. Say the magic words. Am I under arrest, can I go. What is that your holding me here for.

    I've been told you can even refuse all test as well. Including the breath and what not. But they can suspend your licence and I think its for a year in California.
     
    Last edited: Dec 30, 2013
  10. Mrh2008

    Mrh2008 Road Train Member

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    I'm no lawyer, but I thought that refusing sobriety test would automatically get you taken in for blood.
     
  11. OPUS 7

    OPUS 7 Road Train Member

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    Sir...Pleez..You misspelled homophobia..I was gonna ask you to date my daughter,but now you just come across as a nut :laughing6:
     
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