DUI question
- Thread starter Tom
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Yes. My buddies wife did this same thing, and got off with a few fines but NO DUI, refused everything. Good lawyer.
Have this person call around and ask several local lawyers to see if they know/worked with the DA and prosecutor at the court house where the case will be heard. If you find one, then pay him the money and enjoy the perks of "low friends in high places".
straight from 2 people I know who were assistant DA's Never blow..period. Even if you had one drink refuse it. A false negative can stick (breath spray or many other things) and your screwed.
For the record though I am totally against drinking and driving and NEVER do it. I was lucky enough to survive a crash 17 years ago when the driver was drunk. He and 2 others were not so lucky, and me being wasted didn't realize I got in a car with a drunk person driving. I thought I was being the responsible one by not driving out that night and thought to be getting a safe ride home. Long story short, I don't drink and drive and now make sure my driver isn't drinking either!
For the record though I am totally against drinking and driving and NEVER do it. I was lucky enough to survive a crash 17 years ago when the driver was drunk. He and 2 others were not so lucky, and me being wasted didn't realize I got in a car with a drunk person driving. I thought I was being the responsible one by not driving out that night and thought to be getting a safe ride home. Long story short, I don't drink and drive and now make sure my driver isn't drinking either!
The persons' lawyer was top grade and the case was dismissed. A hefty fine but no suspension or loss of license.
My question is why? The PBT (given road side let's say) is only to assist in proving probable cause. There is no penalty for refusing. There is a however a penalty for refusing the breathalyzer.
I am probably missing something and trying to understand.
I couldn't agree more. With my post I am trying to understand the law.
I was told by numerous lawyers and a cook county prosecutor, NEVER BLOW. Under no circumstance take the test. If you were to be pulled over and you know you are over the limit, keep your hands in plain sight and refuse to take the test. Let them take you in, it is easier to beat the case without proof.
just so you know:
the court does not suspend the driver's license, the Secretary of State does.
Regardless of the court action, a suspension may be in your friend's future,
especially if the SOS is notified of the refusal to blow.
And I think that occurs automatically at the time of the incident
the court does not suspend the driver's license, the Secretary of State does.
Regardless of the court action, a suspension may be in your friend's future,
especially if the SOS is notified of the refusal to blow.
And I think that occurs automatically at the time of the incident
straight from where it counts.
However, open your mouth to talk or blow.
First rule of fight club.
First rule of American History X - open your mouth and prepare for the curb stomp.
I don;t drink and drive at all, even 1 drink... I don;t use breath spray (lack of friends should be plenty of proof of that 
). so what else can trigger a false positive?
I have alway had no problem blowing in the tube to prove i wasnt drinking. So what can I (or anyone else for that matter) do to not fall into the false positive trap besides refusal to blow??? I don;t want to be "hauled in" or have my car unjustly towed (incuring tow and impound fees) when I wasn;t drinking.
). so what else can trigger a false positive?I have alway had no problem blowing in the tube to prove i wasnt drinking. So what can I (or anyone else for that matter) do to not fall into the false positive trap besides refusal to blow??? I don;t want to be "hauled in" or have my car unjustly towed (incuring tow and impound fees) when I wasn;t drinking.
You're lucky.
I've won cases (gotten convictions)on lower numbers than that.
You don't have to blow .08 or over to be convicted of DUI.
You just aren't convicted of blowing .08 or more.
There are two seperate, but related, tickets issued.
Excuse me, but F*CK that!! I'm not letting some state lacky stick needles in me and take my tissues. WTF?
That has to violate all kinds of personal privacy / constitutional laws. That's a strict violation of your person.
Also, I don't see how they can "force" you to do it. What the hell is this? Orwell's 1984? Nazi Germany?
I found this interesting:
Motorists Forced To Let Officers Draw Blood Samples At DUI Stops
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