DUI Check Points And Demanding Council?

ItsTime

ItsTime

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Sep 9, 2007
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I was thinking about FL no refusal DUI check points and DUI tests in general. Can you demand council before you take the test?
 
ItsTime said:
I was thinking about FL no refusal DUI check points and DUI tests in general. Can you demand council before you take the test?
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Interesting question. In most states, the issuance of a driver license means that you are giving implied consent by accepting it and using it to drive on public roads to submit to a drug and alcohol test if suspected of being under the influence while operating a vehicle. The license belongs to the state, not to the driver, and refusal to submit in these instances would mean the state retains the right of revocation to the priveliges accorded by the license. In most instances, you would have the right to counsel, but refusal to submit to a BAT or other test at the time required by the LEO, would mean automatic revocation. The rest of the issue of suspiscion and proving whether you were under the influence or not would be taken up as a separate charge. Upon arrest, you would be given the Miranda speech, to include that you have a right to have an attorney present during questioning before answering any questions IAW the 5th amendment.
 
Sadly, LedHed's right on this one.

That's the unfortunate side effect of buying the state propaganda claiming that driving is a privilege and not a right.
 
I had a DUI in Florida. and did submit to the test. However
I was later advised by my Lawyer to NEVER blow, Refuse the test.

They will pull your license immediately.(they will anyway) But any Lawyer can get it back for you in days. (several specialize in that)

Never again.

btw, the cop that busted me was fired for making numerous false reports. (fired right after my trial)

:(
 
pcosmar said:
I had a DUI in Florida. and did submit to the test. However
I was later advised by my Lawyer to NEVER blow, Refuse the test.

They will pull your license immediately.(they will anyway) But any Lawyer can get it back for you in days. (several specialize in that)

Never again.

btw, the cop that busted me was fired for making numerous false reports. (fired right after my trial):(
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Now working as a mall cop in his new career, I hope.
 
Thanks guys. I was thinking on these lines.

The driver saying "Am I under arrest?"
Officer "No"
Driver "Am I free to go?"
Officer "No"
Driver "I demand counsel"

At that point don't you have the right to counsel? You are not refusing the test you are asking for counsel to be present.


(Just noticed I was spelling counsel wrong duh!)
 
ItsTime said:
Thanks guys. I was thinking on these lines.

The driver saying "Am I under arrest?"
Officer "No"
Driver "Am I free to go?"
Officer "No"
Driver "I demand counsel"

At that point don't you have the right to counsel? You are not refusing the test you are asking for counsel to be present.


(Just noticed I was spelling counsel wrong duh!)
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If you refuse you will be arrested.
Be prepared for that.

LedHed said:
Now working as a mall cop in his new career, I hope.
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I was thinking more on the lines of,
Living under a bridge, sucking a crack pipe and covered with sores.
or
Shot full of holes as a contractor in a foreign land.
 
ItsTime said:
Thanks guys. I was thinking on these lines.

The driver saying "Am I under arrest?"
Officer "No"
Driver "Am I free to go?"
Officer "No"
Driver "I demand counsel"

At that point don't you have the right to counsel? You are not refusing the test you are asking for counsel to be present.


(Just noticed I was spelling counsel wrong duh!)
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This.

And have a video camera of some sort ready to film when they beat you up like the innocent victim that you are.
 
pcosmar said:
If you refuse you will be arrested.
Be prepared for that.
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What happens after you're arrested and have refused to take the BAT? I had almost gotten a DUI a couple of days ago, and had complied with the BAT and was .08 over the limit. The cop had let me go, but made me call someone to pick me up and to drive my car. I got very, very, very lucky, and was quite surprised that I wasn't arrested.
 
Philhelm said:
What happens after you're arrested and have refused to take the BAT? I had almost gotten a DUI a couple of days ago, and had complied with the BAT and was .08 over the limit. The cop had let me go, but made me call someone to pick me up and to drive my car. I got very, very, very lucky, and was quite surprised that I wasn't arrested.
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Because if a cop (with a Quota) thinks there is a chance of you passing, he can skew the test.

I was told this by a cop. And told by another (who was at the scene of my arrest) that is exactly what happened.

I should have been under the limit. 5 10oz beers over a 6 hour time.
I blew a .187
wtf
 
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Philhelm said:
What happens after you're arrested and have refused to take the BAT? I had almost gotten a DUI a couple of days ago, and had complied with the BAT and was .08 over the limit. The cop had let me go, but made me call someone to pick me up and to drive my car. I got very, very, very lucky, and was quite surprised that I wasn't arrested.
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Yes, you are and so was everyone else on the road when you were driving. :(
 
pcosmar said:
Because if a cop (with a Quota) thinks there is a chance of you passing, he can skew the test.

I was told this by a cop. And told by another (who was at the scene of my arrest) that is exactly what happened.

I should have been under the limit. 5 10oz beers over a 6 hour time.
I blew a .187
wtf
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What kinda beer? Just curious. I'm enjoying a tasty Leinenkugel's Classic Amber at the moment while the Bears and Packers play in the background.
 
LedHed said:
Yes, you are and so was everyone else on the road when you were driving. :(
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Meh, no more lucky than missing a tired driver, a distracted driver, a phone texting driver or what have you.

Drunk driving laws should be abolished.
 
ItsTime said:
Thanks guys. I was thinking on these lines.

The driver saying "Am I under arrest?"
Officer "No"
Driver "Am I free to go?"
Officer "No"
Driver "I demand counsel"

At that point don't you have the right to counsel? You are not refusing the test you are asking for counsel to be present.


(Just noticed I was spelling counsel wrong duh!)
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The way I'm understanding this, from what I've read, is that "not blowing" is no longer an option.

That's the whole point of this, why it's called "no refusal" and why people are raising hell about it.

They have a judge standing by to issue a warrant, immediately, upon your refusal to submit to an alcohol test and then you get arrested and physically restrained while your blood is drawn against your will.
 
Anti Federalist said:
The way I'm understanding this, from what I've read, is that "not blowing" is no longer an option.

That's the whole point of this, why it's called "no refusal" and why people are raising hell about it.

They have a judge standing by to issue a warrant, immediately, upon your refusal to submit to an alcohol test and then you get arrested and physically restrained while your blood is drawn against your will.
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How once I am arrested do I not have rights to a counsel before the blood being taken?
 
ItsTime said:
How once I am arrested do I not have rights to a counsel before the blood being taken?
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How has the IRS managed to strip generations of American citizens of their 5th Amendment rights?

The answer is, I don't really know, I don't think they can refuse you counsel.

But they'll just holler "implied consent, dickhead" and then tase you.
 
LedHed said:
Yes, you are and so was everyone else on the road when you were driving. :(
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I was mistaken. It was .008 over rather than .08, which, while still over, is a big difference. .08 is the magic number for all states now, and mine was .088. If I were .08 over, I would have been at .16, which is much, much worse. To my knowledge, states had allowed over .08 at one time, so .08 is a pretty arbitrary number. I'm not saying that it's a good thing to drive drunk, but if .08 is the legal limit, and I was at .088, it's not like the .008 difference would all of a sudden catapult me into being a drunken menace. All the same, I still feel lucky that I was shown mercy.
 
pcosmar said:
Because if a cop (with a Quota) thinks there is a chance of you passing, he can skew the test.

I was told this by a cop. And told by another (who was at the scene of my arrest) that is exactly what happened.

I should have been under the limit. 5 10oz beers over a 6 hour time.
I blew a .187
wtf
Click to expand...

Wow, you really got fucked... wth.....
 
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