Bullshit. Hate to break it to you but this defense only works on speeding violations when radar guns are invovled.

Yes, but you obviously live in a free country.

America is not a free country.

Hmmm, I do not remember a right to drive drunk in the Constitution.

You can demand a blood test if you want it in CA

Ahh thats very possible High Quality, but it stands in an awful lot of States and at least should be questioned. I was only born in California, never lived there as an adult. ;-) The state I live in has that on the books. :)

I errr....ummmm.....my friend was able to get off here in LA even with a refusal :)

so it can definitely be done. but how easy you can win also depends on other factors like why were you pulled over? swerving all over the road wouldn't really help your case....

can you win? yes, but very tough to and won't be cheap even if you do win...

I would prefer that drunk drivers stay off our roads. If you have no problem with them, move to Spain.

Well, you already fucked up by taking the field sobriety tests and breath test (you are not legally required to take them in Cali).

Contact my attorney:

Davidson and Associates

8383 Wilshire Blvd. Suite 510
Beverly Hills, Ca 90211
323.658.5444

These guys are the best. Dont take my word for it, just call them.

Dude, cops are bastard fucks. I got arrested last year and they didn't read me my miranda until after 8 HOURS of sitting in their cell. They finally read them to me, but apparently it's legal. I tried to contest it as well.

In Canada this does work. If the machine has not been calibrated/maintained properly that is a defense.

There are a few specific defenses to drunk driving. Check them out here:

http://www.wi-drunkdrivinglawyer.com...info/blood.htm

MOST IMPORTANT: get a lawyer that specializes in drunking driving cases. I know one guy who was charged with two impaireds within two weeks of each other and he beat them both.

apparently you have no understanding of Miranda, but that is okay, seems you are in the majority

SO FUCKING JAILED!

You or your attorney need to ask for the records of that breath machine. They need to (by law) be inspected and calibrated after "x" amount of uses. If they went over, you can easily win. I've never had one but I have a friend that makes a habit of driving drunk. (I don't agree with it, but I also can't stop him because I don't hang with him while he drinks).

PS Drink Machines aren't accurate. I was given one when I was 21 and stupid enough to drive to the store drunk and I was DRUNK!!! He let me go.

Just cover step 1 and 2.

1. Get DUI attorney.
2. Request your DMV hearing before 10 days pass. Its days from the day on the ticket, weekends count, no wiggle room. You can tell them you have no lawyer and change it latter.

Something too, is how many people the Police take to the station in NO cuffs. (No cuffs can equal NO arrest, therefore NO Miranda rights) ;-) IF I were to be taken, I'd hopefully be able to insist on charges for SOMEthing or another as well as cuffs to be transported. (In front of witnesses)

Thats not a rocket science question. If they secure you in the back of a car OR in cuffs, you are under detention which courts view as arrest. Might be some that see a car that you can't get out of with uncuffed hands as NOT being arrested, advice, MOVE!

DUI's Suck donkey nuts and I'm telling the truth. Just ask Mr. Penguin. He's no friend of mine.

If they took you in uncuffed, that's really just a fuckup of police procedure. They're always supposed to cuff you for the safety of the officers... unless I guess if you live in some hick town where they don't have any regulations.

Miranda rights have nothing to do with any of this. They are only read if the cops intend to interrogate you and use your statements against you in court. In 99% of DWI cases it's not necessary... indeed, it's not necessary in a good percentage of regular arrests. If you're busted for shoplifting, for example, they really don't need to question you, since the guy who caught you doing it is all the evidence they need.

I am sorry, but you have no idea what you are talking about, on so many levels. However, I am too burned out from the Cybersocket party last night, and think I will crawl back to the couch rather than point them all out to you.

One piece of advice, don't drink and drive

BD, I can only speak from the PRE patriot act days when the Feds took OVER the local city police dept (not a small town either!) for this very sort of thing. They can lock you in a car to break up a fight etc and protection etc, but the minute they take you off you are:

Under arrest (and questioning IS intended)

Arrested and they need to explain that you can stay quiet.

Period, end of sentance.

There were cops that did this BS and they had suits filed for KIDNAPPING, Illegal Detainment etc etc and the city paid millions to settle out of court so the Feds were satisfied and let them alone... and those cases were then sealed.

What these new so called laws have done to things I don't know, but you'd better believe that if I were arrested or taken anywhere, I'd demand the right to my attorney and shut up. lol No matter WHAT they call evidence in the street, the courts don't always see it the same way and you know that given your background.

Truthfully, maybe California law IS that much different than the Midwests. But then, I get the luxury of, if arrested, waiting for the nice lady officer to take me in as well. ;-) And neither of us here ever thought of California as somewhere to live. Thats where we send the nuts to live. ;-)P

On the drink and drive? Ex gogo dancer, been there, done that. Spent 3 freaking days sitting in a dump truck watching the guys do community service work. But I still learned my lesson. 1 drink max before driving IF I even have anything. Sitting in that truck (the road super didn't want me to work lol) was MORE detention than if I were picking up the trash!!

And I never said the Miranda would actually HELP out. lol But hey if they are supposed to do something then they should DO it or find a new job. Sort of like a webmaster that WANST to work but hates logging in? Part of the job. Do it or lose it.

Miranda is not, nor has it ever been mandatory upon being arrested. You watch too much TV if you think it is.

As far as the rest, I do not know Ohio law, so I am not going to argue with you about it, but the laws in CA have not changed regarding the subject matter since 9/11 . . . and if you think OH is a better plave to live than CA, I am happy to hear that, however, I remember a time in my life when every damn person I knew was a transplant from OH.

I am reminded of a time, December 1982, when I was cuffed and brought in to the local cop shop, and ended up signing a declaration that I had not been arrested but merely detained in order to get released.

No Miranda then either. I have been arrested far too many times, and I think I was read Miranda once, and that was only when a detective came in to talk to me after I had been in lock up over night.

anyone who drives drunk is a piece of shit, you ALL deserve to be locked the fuck up.

if you drink, dont fucking drive.

driving is a priviledge, not a fucking right. get it straight you fucking numbskulls.

I agree and I don't think anyone here is refuting that. But people make bad choices. Some choices are worse than others.

I remember a time in my life when every damn person I knew was a transplant from OH...


See above post, we SEND them there. ;-)


Actually BD, laws are different everywhere,as you know, but Cali does seem to have the most stringent in some cases. When the place I danced for, was taken down (more times than I can remember) we were ALL detained for 'questioning'. (ATF agent sees drug deal among patrons so we ALL were guilt lol)

All I can go on is how things are run in some of the states and areas I have lived in. And knowing just a wee bit of law. ;-)p But checking into the calibration rule is hardly something to NOT check out in any case since MOST places have laws in place.

You could probably look up how the recent Fed laws have changed things in your state had they not ALSO covered their tracks on detainment information etc. Now all they have to do is say this person is under suspicion and off you go, it seems.

Thankfully at this late date, neither of us do anything to bother anyone unless the mower is too loud or something. lol

Well, knock on wood. I never say stuff like that anymore. The last time I said "I can do 6 months probation standing on my head" I go t busted for assault about a week before the 6 months ended, and was facing a pretty nasty probation violation. That really sucked, believe me/

So now I just don't make comments that I can be proven wrong on too easily. :1orglaugh

i know here that if they give you a field test there are some pretty strict regulations on it as to how far they have to be standing from you and if you walk toward the spot light how far you are away from the shoulder, there was a kid i knew here that had his 3rd owi and he got away with it in court cause the cop stood too close to him and made him walk into the spotlight. but who knows thats iowa and he had a hell of a lawyer his rents were loaded

If your fucked up and you know it refuse everything. Refuse the sobriety test.... no video. refuse the breathalizer and blood test. Its your right. that 1 year suspension of driving priveledge is better than suspension anyway, 3 years sr22 insurance, DUI school, drug and alcohol classes. etc. etc. The burden of proof falls upon the state to prove your under the influence. No tests, no video, no proof.