Pinched For Oui

[crewboss]

seems like every time i post lately it's to tell of my latest setback. well this past saturday was the biggest setback i could've imagined. first my back, then i bust a knee and have surgery, and now i'm a proud member of the OUI club. got pinched last saturday night, yes i refused the breathlyser and I'm fighting it with the best damn lawyer money can buy. the cop stopped me for "moving erratically within your lane". if i'm in my lane i'm in my lane you mother fucker. he told me to walk the line even though i just had surgery on my knee a week ago. i explained him i was still limping and that lateral movement in very hard on the joint right now, and he said "well you failed that test, let's move to the next one". fucker.

i wasn't drunk but i knew enough not to blow the test. this cop would've dragged in his own mother. it's going to take a long time and a lot of money, but i will fight this, and i plan to win. i have the best lawyer in the area, a seasoned trial lawyer of 26 years who specializes in DWI, and his protege who is also on the case, was the DA for the court I am being tried in for 5 years. My case is in good hands, I can only hope for the best at this point. If anyone has been through this and can offer any advice, I could use it right now. thanks guys.

 

[ramboj70]

seems like every time i post lately it's to tell of my latest setback. well this past saturday was the biggest setback i could've imagined. first my back, then i bust a knee and have surgery, and now i'm a proud member of the OUI club. got pinched last saturday night, yes i refused the breathlyser and I'm fighting it with the best damn lawyer money can buy. the cop stopped me for "moving erratically within your lane". if i'm in my lane i'm in my lane you mother fucker. he told me to walk the line even though i just had surgery on my knee a week ago. i explained him i was still limping and that lateral movement in very hard on the joint right now, and he said "well you failed that test, let's move to the next one". fucker.

i wasn't drunk but i knew enough not to blow the test. this cop would've dragged in his own mother. it's going to take a long time and a lot of money, but i will fight this, and i plan to win. i have the best lawyer in the area, a seasoned trial lawyer of 26 years who specializes in DWI, and his protege who is also on the case, was the DA for the court I am being tried in for 5 years. My case is in good hands, I can only hope for the best at this point. If anyone has been through this and can offer any advice, I could use it right now. thanks guys.

good luck your going to need it, I got a dui back in 1991 I had just turned 21 same night got dui,

 

[Bob Smith]

Where Im from, refusing a breathalizer means an automatic loss of license.

 

[ramboj70]

Where Im from, refusing a breathalizer means an automatic loss of license.

true I think in most states you loose your lic if you refuse when I got my dui in 1991 I blew and it was .31 I was driving fine I just had a loud muffler, the cop said I should of been passed out at that level, i learned my lesson, I have not been behind the wheel if I have had a drink, scared the crap out of me what if I would of crashed and killed a family, I really support MADD (mothers againest drunk drivers) breaks my heart when you here on the news about a kid getting run over by a drunk or a family of 4 all die but the drunk survives, its bullshit,

 

[thick]

u can refuse the field breath test but not the station test here. Hope u get out of it. Most likely u will since u r willing to spend the money on a good lawyer

 

[crewboss]

Where Im from, refusing a breathalizer means an automatic loss of license.

it's the same here bob. it's an automatic loss of license for 180 days UNLESS you fight it and win. if you fight and win, they can't pull any rights form you. the suspension is lifted as if nothing happened.

of another option is continuance without a finding, but if you are not guilty, did not blow the breathalyser, have no record, and if it's your first offense, you want to try the case instead of pleaing a continuance.

this is all such bullshit. there was nothing i could do, i ran into the wrong cop on the wrong night. the guys he called for backup all told me that if they had pulled me over, i would've walked. chalk it up to bad luck and putting one's self in a bad position. live and learn.

 

[dolfe1]

I'm sure you don't want to hear this but it might be best to plead guilty, the benefits most likely outweigh the consequences no matter where you live. It's called diversion. I would look into it before you pay a lawyer anything.

 

[crewboss]

I'm sure you don't want to hear this but it might be best to plead guilty, the benefits most likely outweigh the consequences no matter where you live. It's called diversion. I would look into it before you pay a lawyer anything.

dolfe, how so?

if i plead guilty

automatic 180 days suspension, i may qualify for a hardship license. $1K fines, $500 alcohol classes, insurance skyrockets, and the charge is on my record forever


continuance without a finding

all of the above except technically it's not a conviction on your record.


plead not guilty & win

no classes, no fines, no suspension, no record, no insurance hike.





in what way is a guilty plea in my best interest? please remember i did not blow the breathalyser in the field, and i also refused the station test. they have zero evidence that i was intoxicated, except for the cop's testimony.

 

[thick]

the worst part is that cops lie out their ass. I bet your reports note erratic driving, bloodshot eyes, and odor of alcohol on your breath.
too bad u dont have the other cops on tape saying they didnt think u were drunk.
In iowa, u might as well blow in the field test. its not admissable. Than if u are under u should be g2g. If it is over than dont blow at the station

 

[crewboss]

yeah thick you're right they include new statements in the police report after the fact and sometimes lie to make a point. i got a copy of the police report and from what my lawyer is telling me, there's nothing really incriminating on it except that i failed to walk the line. i had knee surgery a week ago, so out that goes.. i guess the cop at least had the decency not to lie on the report. so that bodes well for me. time will tell.

 

[dolfe1]

Crew, with a guilty plea and an option for a diversion you may pay less and have it wiped from your record, if you plead guilty and loose you may pay up to 5000(guessing) and spend jail time. The odds of winning a DUI case are not favorable no matter what the circumstances, the not guilty plea may not be worth the risk when the diversion program is actually not that bad. Just something to think about and talk about with your lawyer.

 

[crewboss]

Crew, with a guilty plea and an option for a diversion you may pay less and have it wiped from your record, if you plead guilty and loose you may pay up to 5000(guessing) and spend jail time. The odds of winning a DUI case are not favorable no matter what the circumstances, the not guilty plea may not be worth the risk when the diversion program is actually not that bad. Just something to think about and talk about with your lawyer.

i'll mention it. there is never jail time for a 1st offense in mass., unless there are more charges along w/ the DWI.. it's not a felany, it's a misdemeanor until the 2nd offense. in mass the chances of winning a DWI case go way up with a refusal of the breathalyser, and same as thick was saying, the portable test is inadmissable. not sure if an option for a diversion is even in play in mass either.

and as much as i'd like to think the system operates in a vacuum, it's 100% who you know. who you employ to defend you, and who they know in the system, is everything. i am confident i hired the very best counsel i possibly could. now i hope that it pays off, it's in their hands.

 

[dolfe1]

Hope if works out for you, it's quite harsh for a DUI offense were I live, if there is any 1st offense misd charge that you will serve time for it will be a DUI. Also where I live it's the judge, the lawyer hardly matters, had two buddies with the same lawyer(supposedly the best), different counties, one had 3 DUIs and the other had 1, the guy with one ended up worse off than the guy with three, due to the fact that the judge in one county is a complete dick.

 

[maxx]

i'll mention it. there is never jail time for a 1st offense in mass., unless there are more charges along w/ the DWI.. it's not a felany, it's a misdemeanor until the 2nd offense. in mass the chances of winning a DWI case go way up with a refusal of the breathalyser, and same as thick was saying, the portable test is inadmissable. not sure if an option for a diversion is even in play in mass either.

and as much as i'd like to think the system operates in a vacuum, it's 100% who you know. who you employ to defend you, and who they know in the system, is everything. i am confident i hired the very best counsel i possibly could. now i hope that it pays off, it's in their hands.

good luck crew...hope everything goes well.mass much have pretty lack dwi laws...here if you refuse both test...the judge would issue a warrant for your blood,and there's no way out of that...id chalk this one up to luck.

maxx

 

[patsfan]

Crew, with a guilty plea and an option for a diversion you may pay less and have it wiped from your record, if you plead guilty and loose you may pay up to 5000(guessing) and spend jail time. The odds of winning a DUI case are not favorable no matter what the circumstances, the not guilty plea may not be worth the risk when the diversion program is actually not that bad. Just something to think about and talk about with your lawyer.

I dont think there is any such program in mass my friend unless its brandy new.

Good lawyer= vindication with that surgically repaired knee. I would take that shit to trial.

 

[Peace Division]

Man, you have had a really tough time lately. Keep the faith and trust that your lawyers know what they are doing and it sounds like they do. Hope all works out in your favor bro.

 

[crewboss]

Man, you have had a really tough time lately. Keep the faith and trust that your lawyers know what they are doing and it sounds like they do. Hope all works out in your favor bro.

thanks for the encouragement guys, now it's looking more like my options are very few, knee or not. met with my lawyer yesterday and now it's looking like i'm fucked any way i look at it. even if i win, i still get a marked lanes violation, which would make my 7th surchargable event in 3 years (4 in 2001 when i bought my car new - what a dumbass i know), which is a mandatory 60 day suspension anyway, on top of 180 days w/ a hardship license. i'm fucked 8 ways every way i look at it. worst case scenario they get me as a habitual traffic offender and i get 4 years suspended license with the option to reapply in 6 months. not likely, but a possibility. my insurance is going to skyrocket, or they may dump me all together, in every scenario except for a not guilty finding as well.

looks like i'll be spending a lot of quiet nights @ home w/ melissa until next year. i thank god every day i'm with her, i'd be in much rougher shape right now w/out her. i just bought a brand new BMW 330CI and I'll be putting it in storage for a year as well. when things settle down a little i plan on beefing up my gym in my basement and training like never before. i'll use this time to save money, finish my mba, and train as hard as ever. i've gotta come out of all this with some positives, and i'd be a sorry ass if i didn't make the most of it.

 

[dolfe1]

Did you find out if there is a diversion program available?

 

[dzl66]

i'll mention it. there is never jail time for a 1st offense in mass., unless there are more charges along w/ the DWI.. it's not a felany, it's a misdemeanor until the 2nd offense. in mass the chances of winning a DWI case go way up with a refusal of the breathalyser, and same as thick was saying, the portable test is inadmissable. not sure if an option for a diversion is even in play in mass either.

and as much as i'd like to think the system operates in a vacuum, it's 100% who you know. who you employ to defend you, and who they know in the system, is everything. i am confident i hired the very best counsel i possibly could. now i hope that it pays off, it's in their hands.

Sorry to hear that bro the knee thing and a good lawyer you may beat it. I think it's all about politics with lawyers and judges who knows who, and who gets favors but hell who knows.
I used to live in Mass. and the cops are hardass in that state.

 

[crewboss]

Sorry to hear that bro the knee thing and a good lawyer you may beat it. I think it's all about politics with lawyers and judges who knows who, and who gets favors but hell who knows.
I used to live in Mass. and the cops are hardass in that state.

yeah dzl, they are. i understand why they're so hard on drunk driving, it's a very serious crime. but in my circumstance when every backup cop says you should walk (i will sequester them when the time comes) , the guy is obviously hobbled, and you pull him over for essentially no reason, there's no justification for ruining someone's life. that being said i am hell bent onl finding a way to come out of this stronger.

dolfe - i did mention it to my lawyer and no, it's not an option in mass.