Is there a good attorny in NE?

[Holladay]

This post got to political

[shitgoose]

Good luck

[Holladay]

Thanks.

[Bugeater]

Let me guess...Richardson County?

[ModSocks]

Robert Kraft seems to have some pretty good ones, maybe hit him up.

*EDIT* OHHH NE as in Nebraska. Ha.

[htismaqe]

Robert Kraft seems to have some pretty good ones, maybe hit him up.

*EDIT* OHHH NE as in Nebraska. Ha.

ROFL

[TLO]

https://images-na.ssl-images-amazon.com/images/I/51Bm5oN1MLL.jpg

[Simply Red]

stop Robo-Tripping bud.

[Pasta Little Brioni]

You fucked

[Holladay]

Let me guess...Richardson County?

How'd you know?

[Dante84]

Sounds like a pretty standard DUI tbh. Sorry dude.

2 beer limit if driving, otherwise call an Uber and pick up the car tomorrow... even if it gets towed.

[Demonpenz]

I hate that shit it is going to cost some to bring that down.

[Bearcat]

I've heard stories and have read things that make .08 seem ridiculously low, buuuut.... almost twice that? Not exactly 'not by much'.

[Hamwallet]

If I know I am going to have even one beer I UBER. Almost twice the limit bud, sorry not sorry. Hard lesson learned and it will cost you some coin over the next 2-3 years.

[cosmo20002]

I got hosed on a DUI in Nebraska last night. 1:00 am after a business meetings with beer and pizza.

Was I over the limit? Yes, not by much.

The cop basically ambushed me on the speed limit. 35 mph turned to 40 mph within a few feet and 100 yds past that goes to 50 mph. I was clocked at 44 mph.

They pulled me out and did the eye thingie, which I think was OK. Then did the walk the line. Not so good, but I did bust my ankle badly last year. It still bothers me.

They did illegal search and seizure, my 4th amendment, for searching through my car to find my insurance and registration. When I was pulled over, I had my drivers license ready and was looking for my insurance/reg in the glove box. I wasn't allowed. As there any due process?


They had me blow in the cop car and I knew I was going to be over .08 (heck, cough syrup will bust you). I declined the blood work etc. They didn't inform me that by declining, I would forfeit my license. There was no Miranda either. They cuffed me and put me in the clink for 8 hours.

After 8 hours, I got my stuff back. My wallet was in a zip lock bag totally ransacked. Were they looking for drugs in my wallet?

In the end, I was speeding, 44 in a 40. Should have I been driving, prolly not .15. Was I in a densely populated area, nope, deserted highway in SE NE. No Miranda, no permission to search. Dunno.

Any Attorney ideas?

No you didn't. GFY

[jdubya]

About 30 years ago I got popped for .08

Paid an attorney several thousand to get it reduced to a "wet reckless" which was necessary and made a huge difference of me keeping my current job.

I learned Miranda doesnt apply much in dui cases either.

[lewdog]

Just out of curiosity, how many drinks over how many hours to blow .15?

[Bugeater]

How'd you know?

Border county...they have a reputation.

[Holladay]

We don't have Uber up here. Yes could have called a friend or slept in the shop.

2 beers in an hour will get easy .08 and depends on the type of beer. We were drinking Sam Smiths Pale Ale. Beer, Pizza, Business over 3 hours, you can lose track.

Keep in mind, that the limit used to be .10. Times change. I am not saying I was a Choir Boy. But I sure as heck didn't set a Police Precinct on fire nor shoot a cop.

Again, any Attorney in NE?

[Buehler445]

DEFINITELY not a lawyer. But I had to be on a a jury of a punk kid fighting a DUI when I was in Sidney.

Sounds like you’re boned.

I’d be looking at a diversion rather than a lawyer.

[Donger]

https://66.media.tumblr.com/eb306e98b61e1c8e910e9f0b2a02c5a8/tumblr_p1f62bxwfy1tpri36o2_500.gif

[bdj23]

I'm not going to bust your balls but .15 is pretty drunk dude.

Just accept the punishment and move on.

[Holladay]

I will.

[Bearcat]

.08 or .1 doesn't seem to matter when you blow a .15 after losing track of the number of beers you've drank.... :shrug: By your own logic, that would be over 6 beers and possibly several more than 6 in a few hours.

And yeah, sleeping it off for 8 hours fits the crime of being almost twice over the limit, and not shooting a cop. :facepalm:

Denial is a powerful thing... glad for the other people on the road you've never killed anyone.

[Sassy Squatch]

They don't need to read you Miranda Rights until after you're under arrest. Anything said during a DUI investigation is fair game, or at least I think that's how it is.

[lewdog]

Back in college we had a cop who let us take a breathalyzer test while walking home from the bars. I had only had about 6 drinks in roughly 2.5-3 hours, not drunk being feeling pretty good. I blew .12 and I definitely agree I wouldn’t be driving feeling that way. .15 isn’t a bit over and you’ll have a hard time fighting anything.

[bdj23]

I had a buddy who has (had?) a dui problem. He got to the point of keeping a breathalyzer on his Keychain. After 6 shots of 100 proof peppermint schnapps I blew a .17

I drove a lot when I shouldn't have in my 20s and am thankful I never hurt anyone or myself. But I don't dick with that shit anymore.

[cosmo20002]

We don't have Uber up here. Yes could have called a friend or slept in the shop.

2 beers in an hour will get easy .08 and depends on the type of beer. We were drinking Sam Smiths Pale Ale. Beer, Pizza, Business over 3 hours, you can lose track.

Keep in mind, that the limit used to be .10. Times change. I am not saying I was a Choir Boy. But I sure as heck didn't set a Police Precinct on fire nor shoot a cop.

Again, any Attorney in NE?

And you were well over that also.

But I sure as heck didn't set a Police Precinct on fire nor shoot a cop.


Probably why you weren't charged with doing those things.

[Hog's Gone Fishin]

Next time they ask you to blow in the car just offer to blow the cop instead. You might get off and make an extra 20 bucks.


Seriously, that sucks. I know tons of people that drive fine while being intoxicated. If you're a regular drinker you build tolerance and it doesn't affect you as much. That being said it's not an excuse to do it. If the government really didn't want it going on then bars would be illegal to drive away from period.

I had a customer at my stone yard and we got to talking and he told me he had lost his daughter in a car accident to a drunk driver . 20 years old. He got to the scene and the cops told him to just stay away from her vehicle but he refused , he had to see her. His said she was mangled and he wakes every morning with that image in his head.

I couldn't live with myself if I had been the cause of that.

[notorious]

Check their diversion laws.

You aren't getting away with it, but you might as well minimize the damage.

[Jewish Rabbi]

Don’t drink and drive. No remorse for you needed to pay your fines and lose your privileges. I feel very strongly about this, and in this day and age there really is no excuse for it.

[Kellerfox]

Echoing everyone here... you weren’t “barely over“ and shouldn’t have been on the road. Not a whoops. Even in a rural area, you were endangering others.

That said, I sympathize with the potential impact to your life when no actual damage was done. Recently, I’ve had a few friends who have had a lot of success visiting and posting on Reddit’s legal advice (r/legaladvice) message board. Might be worth your effort.

[frozenchief]

Best lawyer contact I had in NE died a few years ago so I’ll do some diggingMonday when I get into the office.

About the other matters:

1. I generally don’t do straight DUI cases. I will for friends and family but when I was a public defender, I did about 30-40 a year. So I’ve done a few hundred in my life.

2. Each beer raises your BAC by about .02. Males eliminate about .015-.02 per hour, depending upon body weight and drinking history. Females eliminate about .01-.012. Thus, 2 beers in one hour should put you at a BAC of about .02 to .03. Generally state crime lab people will testify to this. The rates and effects of alcohol absorption have been so thoroughly tested and documented as to pretty firmly establish these ratios.

3. About the search of your car. Because cars are inherently mobile, police do not need a warrant to search a car. Google ‘automobile exception’ and you’ll see what I mean. I have not seen any police reports, but in this case, the cops searched the car to find your registration and insurance. This is likely allowed under Arizona v Giant, which limits automobile searches incident to arrest to evidence related to the offense. Put another way, if cop pulls you over and arrests you because they got an APB for a bank robbery, cops can only search the car for evidence related to the bank robbery. Of course, if they find anything, they can use that under the ‘plain view’ doctrine. Because DUI is a driving offense, and because registration and insurance are elements of driving offenses, the cop was likely justified in searching for those items.
Also, the officer could state that he feared for his safety, so he took you into custody (put you in cuffs, put you in back of cop car, did something that prevented you from leaving) but he still needed to get that information. Driving on public roads means that you consent to a whole variety of things, including providing license, registration and insurance to a law enforcement officer who has a legally sufficient reason to demand those items. I do not know Nebraska law, but I would imagine that this search would be upheld.

3. Re: Miranda. Most people do not understand Miranda. It is not a talisman to protect an arrest. It is a talisman to protect evidence. Crucial difference. Miranda applies when 3 conditions are met: 1) a suspect is in custody, that is, not free to go; 2) police ask questions of the suspect; and 3) the state seeks to use any statements that result from the questioning. So, cops have an arrest warrant for John Doe. They see John Doe walking down the street. They walk up to him, confirm it’s John Doe and arrest him. Do they have to read him his rights? Not unless they ask questions. And if they just are executing the arrest warrant, they may well not ask him any questions.
So if the cops have probable cause to believe that you committed a crime, cops can arrest you and they do NOT have to read you your Miranda rights.
What happens if cops arrest you, do not read your Miranda rights and they ask you questions anyway? In that case, assuming the court agrees that is what happens, any statements cannot be used against the defendant. This means that the arrest is still valid and the defendant has to face the charges but the statements the defendant made cannot be used against the defendant in the State’s case in chief, or, the State’s main case. If the defendant takes the stand and testifies to something other than what he had previously told the police, then those statements CAN be used to impeach him. So, Dan is arrested. Cops don’t read him his rights. They question him. He admits he committed the crime. Defense lawyer challenges statements and court suppresses them. Dan goes to trial. State puts on its evidence. They never reference Dan’s statements. Dan (unwisely) takes the stand and denies committing the crime. NOW the prosecutor can ask Dan, “Did you not tell Officer X that in fact you did commit the crime?”

4. License forfeiture for refusing bloodwork. I don’t know anything about that. That strikes me as something particular under Nebraska law. I would talk with a Nebraska attorney.

5. Searching through your wallet. This is called search incident to arrest. They might have looked for drugs, but also to see if you had any one else’s credit cards or identifications. My guess is they did not really expect to find anything but they wanted to check. That’s one reason.
They also likely (99.9% likelihood) inventoried what was in your wallet. That way if you say, “Man, I had a $500 Sam’s Club gift card in my wallet and now it’s gone,” they can point to photos/written logs of what they found in your wallet. Same with money. If you get your wallet back and say, “Where’d my $500 go?” It’s your word versus theirs so they have procedures about how they handle inmate property. Likely, there are 2 officers who open your wallet and they either write down what is in there or they photograph it. They sign off on what they saw, so there is evidence of which officers were involved and the case number so those documents can be found later. The wallet is then put into an envelope and sealed so they can show no one opened it after they inventoried it.
If they seized your car, they inventoried what they found in it as well for the same reason. They don’t want to hear, “Man, I had a $500 chain saw, or (likely in my case) a Winston fly rod or a rifle in my car and now its gone” without having some proof that I am incorrect.

Anyway, that’s my initial take on your situation as you’ve described it.

[Abba-Dabba]

You're hosed. Be prepared to pay thousands of dollars in fees. Get over it.

[Flying High D]

Prayers, growing up can be challenging at times. Hope for the best and expect the worst. I
wish I could turn the clock back on some miscalculations in judgement I’ve had. 30-40 years later and I’m still having to explain Infractions eveytime another clearance comes around. After the investigators get done with me I swear I make Charles Mansion look like a choir boy. I always come out feeling like complete crap.

[mr. tegu]

Probably not the wisest thing to post your story here either. Sympathy seems very unlikely.

https://media4.giphy.com/media/13A7YlLvYVDnmU/giphy.gif?cid=6c09b952j4xu6r4bs47jkvref3f4tn16ykzc18e0zb1iswlf&rid=giphy.gif

[Bearcat]

Back in college we had a cop who let us take a breathalyzer test while walking home from the bars. I had only had about 6 drinks in roughly 2.5-3 hours, not drunk being feeling pretty good. I blew .12 and I definitely agree I wouldn’t be driving feeling that way. .15 isn’t a bit over and you’ll have a hard time fighting anything.

I've thought about buying one over the years just to play with it at home, but I assume results could be wildly inaccurate if you don't buy the right one.



2. Each beer raises your BAC by about .02. Males eliminate about .015-.02 per hour, depending upon body weight and drinking history. Females eliminate about .01-.012. Thus, 2 beers in one hour should put you at a BAC of about .02 to .03. Generally state crime lab people will testify to this. The rates and effects of alcohol absorption have been so thoroughly tested and documented as to pretty firmly establish these ratios.


I'll always stick to less than one drink per hour and will still make myself feel like a slightly terrible human being, after having judged myself pretty harshly for driving home once years ago when my ride bailed and I drove home anyway (nothing happened, but it was pretty fucking stupid).

[kstater]

Got hosed when blowing .15?

[scho63]

No you didn't. GFY

You're just a giant douche everywhere you post. :harumph:

[SuperBowl4]

Is your AVATAR your booking photo? ROFL

[scho63]

4. License forfeiture for refusing bloodwork. I don’t know anything about that. That strikes me as something particular under Nebraska law. I would talk with a Nebraska attorney.


Any state that draws blood this is standard when you refuse. Also many states suspend your license when you refuse a breathalyzer.

Usually 6 months to a year

[frozenchief]

Any state that draws blood this is standard when you refuse. Also many states suspend your license when you refuse a breathalyzer.

Usually 6 months to a year

TheSupreme Court has ruled that blood draws require a warrant. Most states make refusal to take a breath test equivalent to the DUI itself so even if you have a good defense to the DUI, if you don’t blow, you’re hosed.

Here, he says he blew, so there’s no refusal to take a breath test. He said that they forfeited his license for refusing to do the blood work. If he blew into the machine, he didn’t refuse the test. So in inferred blood work was a blood draw.

There is another possibility, which isn’t clear from the factual scenario presented. He blew into a portable breath test (PBT), which are not as accurate but are used at the scene to determine probable cause. PBTs might not be admissible at court, though, which is why they’re used to establish probable cause and then the final BAC is from a BreathAlyzer machine.

It’s possible he took the PBT and then refused the breath test at the station. Most of the time the actual breath test requires someone be under observation for. Period of time (15-20 minutes usually) to ensure they don’t belch or regurgitate, which can elevate BAC readings. If that was what happened, then yes, that’s a pretty straight forward refusal and results in some type of license suspension. But it wasn’t clear and the details on this vary so much from state to state that he should talk with aNebraska lawyer for details on how that works in his state.

[scho63]

The Supreme Court has ruled that blood draws require a warrant. Most states make refusal to take a breath test equivalent to the DUI itself so even if you have a good defense to the DUI, if you don’t blow, you’re hosed.

The police can call a judge and have a warrant for a blood draw in 2 minutes. It's a fait accompli when a DUI is involved. Just the refusal is an automatic suspension.

When a state grants you a driver's license, all the power is in their hands as they all say the same thing in their law, "it is a privilege, not a right" for them to grant you a drivers license.

[Fat Elvis]

We don't have Uber up here. Yes could have called a friend or slept in the shop.

2 beers in an hour will get easy .08 and depends on the type of beer. We were drinking Sam Smiths Pale Ale. Beer, Pizza, Business over 3 hours, you can lose track.

Keep in mind, that the limit used to be .10. Times change. I am not saying I was a Choir Boy. But I sure as heck didn't set a Police Precinct on fire nor shoot a cop.

Again, any Attorney in NE?

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[KC_Connection]

All hiring a lawyer in this situation would accomplish is wasting money.

[scho63]

All hiring a lawyer in this situation would accomplish is wasting money.

If there is nothing that can be achieved, I agree.

A lawyer would need to see all the evidence and see if there was cause or they did not follow procedures. :hmmm:

Today, more and more people are getting out of DUIs as juries are becoming more anti-police and anti-law.

[KurtCobain]

The cop grabbed your registration out of your car and you think that's blasphemy? And of course they were looking for drugs in your wallet, you are out drinking and driving who knows what else you could have been doing. Sounds to me like you had a pretty easy arrest and a very smooth time of it, so feel lucky. And I don't know why you're asking us for a lawyer because Google is pretty good for that.

[frozenchief]

The police can call a judge and have a warrant for a blood draw in 2 minutes. It's a fait accompli when a DUI is involved. Just the refusal is an automatic suspension.

When a state grants you a driver's license, all the power is in their hands as they all say the same thing in their law, "it is a privilege, not a right" for them to grant you a drivers license.

You are correct that police can get a warrant easily.

However, a blood draw is quite legally significant. The law views any intrusion or penetration of a person’s body as a significant violation of a person’s liberty and so blood draws are not part of a routine DUI case. in my experience, and that does NOT include Nebraska, blood draws are done in unusual circumstances. In my state, for example, blood draws are only authorized in cases involving an accident or cases involving serious physical injury/death.

There is nothing about this case that suggests anything unusual that would justify a blood draw. Maybe that is just Nebraska.

The other issue is that a warrant is treated differently than a demand for a breath test. A warrant is a court order. In my experience, if cops get a warrant, that warrant is getting executed. So if someone refuses a blood draw for which the court has issued a search warrant, they are not merely charged with refusal. Instead, they are thrown into the back of a cop car (or ambulance, depending on the circumstances) and taken to the local hospital. There, the suspect is literally strapped to a gurney and blood is forcibly extracted.

Think about cops searching your house. Cops can come and ask you to look around and you can refuse. Fine. They may make you wait outside while they seek a warrant. But the situation is profoundly different if they show up with a warrant. If they get a warrant, that warrant is going to be executed.

Maybe Nebraska law is different but the Supreme Court has said that cops need a warrant to do a blood draw. If cops need a warrant to do a blood draw, I have a hard time seeing how a court would then make a driver’s implied consent include consent to a blood draw. The law is quite clear that if you drive on public roads (or non-public roads in some states), you give your consent to a breath test or maybe a urine test. But stretching those laws to include a blood test would effectively eviscerate the requirement that cops get a warrant.

Again, I do NOT know Nebraska law. Maybe Nebraska law allows blood draws and their particular testing regime has not been challenged in the U.S. Supreme Court. But I do not easily square the USSC warrant requirement with a statutory process that yanks driver’s licenses if drivers do not consent to a blood draw.

[Peter Gibbons]

I am hesitant to post anything that looks like help as you were clearly way too drunk to be driving. The fact that you don’t recognize that is a big red flag. I truly hope your dumb ass uses this as a learning experience and figures out what most of us learned in grade school. That is, “ your mom lied, you are NOT special.” So, stop doing dumb things that could impact the lives of others and grow up.

Having said that, it still may make sense to get an attorney involved. There are many reasons but the core reason is that BAC cannot be accurately and reliably measured by breath alone since it is not actually measuring the ethanol level in your breath. Without going into the chemistry involved, it is actually using a pH measure to approximate the level of ethanol. Since this is not a direct measurement, many things can cause in inaccurate reading such as acidic foods, belching, GERD (stomach acid) etc.. A good DUI lawyer and can bring up these arguments and try to negotiate the charges down with the DA.

PS - pro tip - chewing gum does nothing to help. Tums or Rolaids can help if you’re borderline and worried but a much better choice is not to drive when you’ve been drinking.

[Holladay]

I pretty much agree on all points. I am going to learn from this. Thanks for the help and the criticism.

[Titty Meat]

Dude drives drunk and says he got hosed lol

[eDave]

Dude drives drunk and says he got hosed lol

Haha

OP, an attorney is a must or you WILL get hosed.

[GayFrogs]

35 mph turned to 40 mph within a few feet and 100 yds past that goes to 50 mph. I was clocked at 44 mph.

That explains half of that town's budget if I had to guess :mad:

[Demonpenz]

the yeast from the pizza can fuck up breath dealies

[Chief Roundup]

Buzzed driving is drunk driving.
You deserve the DUI if you were even close. You made the choice to have the drinks. You now need to pay all the fines and the rate increase on your insurance.
Hope you learn and don't do it again.

[Zebedee DuBois]

That super rich guy in Omaha probably has some excellent legal representation.
You might ask him.

[Chief Roundup]

http://www.omahaduidefenselaw.com/first-offense-dui-in-nebraska.html

A first offense DUI conviction is a Class W misdemeanor. You will lose your drivers license for up to six months. You will be responsible for a minimum of seven days in jail and a $400 fine or a maximum of 60 days in jail and a $500 fine will be levied.

The court may give you probation for your first offense DUI sentence. You will receive a 60-day revocation of your driver’s license and pay a $500 fine. You will have to have an Ignition Interlock Permit added to your vehicle during the time of your license revocation.

https://www.ksdot.org/burTrafficSaf/brochures/pdf/ksduilaws.pdf

You will receive 48 hours of mandatory imprisonment or 100 hours of community service and must complete a court ordered alcohol and drug safety action education program and/or treatment program (at your expense). In addition, you will be fined $500 to $1,000 plus court costs, probation and evaluation fees. Your driving privileges will be suspended for 30 days, then restricted for an additional 330 days. Your vehicle can be impounded for up to one year



I listed both because you said it happened in Nebraska but evidently you live in Kansas. So you might have to deal with both states.

[JD10367]

I got hosed on a DUI in Nebraska last night. 1:00 am after a business meetings with beer and pizza.

Was I over the limit? Yes, not by much.

The cop basically ambushed me on the speed limit. 35 mph turned to 40 mph within a few feet and 100 yds past that goes to 50 mph. I was clocked at 44 mph.

They pulled me out and did the eye thingie, which I think was OK. Then did the walk the line. Not so good, but I did bust my ankle badly last year. It still bothers me.

They did illegal search and seizure, my 4th amendment, for searching through my car to find my insurance and registration. When I was pulled over, I had my drivers license ready and was looking for my insurance/reg in the glove box. I wasn't allowed. As there any due process?


They had me blow in the cop car and I knew I was going to be over .08 (heck, cough syrup will bust you). I declined the blood work etc. They didn't inform me that by declining, I would forfeit my license. There was no Miranda either. They cuffed me and put me in the clink for 8 hours.

After 8 hours, I got my stuff back. My wallet was in a zip lock bag totally ransacked. Were they looking for drugs in my wallet?

In the end, I was speeding, 44 in a 40. Should have I been driving, prolly not .15. Was I in a densely populated area, nope, deserted highway in SE NE. No Miranda, no permission to search. Dunno.

Any Attorney ideas?

The bold part = the truth.
The underlined = you sound like a Karen.

Suck it up, buttercup. Don't ****ing drink and drive and you won't have a problem.

[Bearcat]

That super rich guy in Omaha probably has some excellent legal representation.
You might ask him.

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[arrwheader]

All you assholes with your virtuous scolding this dude give it a rest. Dudes already been through the arrest and jail time. He's gonna have to go through the process and it sucks.

Sorry buddy been there but they have got these things pretty much stream lined. Good start wanting to get an attorney. Just don't ask about it here. Ask around find a local one.

Probably not going to get out of it, I'll be real honest. Hard to beat the charge on these things. However you never know, your attorney will hopefully be able to get you a diversion if it's your first one and as long as you we're not a total dick to the cops.

Lots of people have gone through the same thing man, plenty of people make the same mistake. All you can do is learn from it and move on like everything else. It's a process, eventually it will be behind you. Don't get too down on yourself.

Sent from my Pixel 3a using Tapatalk

[eDave]

It helps to start diversion now.

[Scorp]

Have you ever been in trouble before? If not a Diversion could be obtained.

[Jewish Rabbi]

All you assholes with your virtuous scolding this dude give it a rest. Dudes already been through the arrest and jail time. He's gonna have to go through the process and it sucks.

Sorry buddy been there but they have got these things pretty much stream lined. Good start wanting to get an attorney. Just don't ask about it here. Ask around find a local one.

Probably not going to get out of it, I'll be real honest. Hard to beat the charge on these things. However you never know, your attorney will hopefully be able to get you a diversion if it's your first one and as long as you we're not a total dick to the cops.

Lots of people have gone through the same thing man, plenty of people make the same mistake. All you can do is learn from it and move on like everything else. It's a process, eventually it will be behind you. Don't get too down on yourself.

Sent from my Pixel 3a using Tapatalk

Eat fuck pie, queer.

[Bearcat]

All you assholes with your virtuous scolding this dude give it a rest.

Fucking assholes, so unwilling to share the road with drunks and only looking out for their own and family's safety.

[arrwheader]

Eat fuck pie, queer.Such a tough guy on here.

Sent from my Pixel 3a using Tapatalk

[eDave]

Such a tough guy on here.

Sent from my Pixel 3a using Tapatalk

OP's been around long enough to know he'd catch a heap of shit posting this here.

[arrwheader]

Fucking assholes, so unwilling to share the road with drunks and only looking out for their own and family's safety.

Nah never said it was ok, just think it's funny the internet moral police have to come out on here and virtue signal.

Granted his fault for going to CP to vent his DUI story, but fucking hilarious people feel the need to twist the knife. Just don't get that, I guess it makes them feel better about the other fucking shitty things they do in thier lives.


Moral of the story is don't drink and drive. But don't be a fucking douchebag either.

[Bearcat]

Nah never said it was ok, just think it's funny the internet moral police have to come out on here and virtue signal.

Granted his fault for going to CP to vent his DUI story, but fucking hilarious people feel the need to twist the knife. Just don't get that, I guess it makes them feel better about the fucking shitty things they do in thier lives.

Sent from my Pixel 3a using Tapatalk

This is mostly calling out the bullshit denial, not twisting the knife. If anyone here posted along the lines of "I did a really shitty thing last night", you'd get sympathy... I guarantee it.

Source: all the threads and posts about alcohol/drugs/etc. where people own their mistakes and others show support.

Post that you "got hosed" by blowing a .15 and all the BS.... yeah, the internet at large is going to call you out.


And IMO, "you lose track" isn't exactly something someone says when it's the first time they've had a couple/few/many too many and happened to get caught. If I was forced to draw my own conclusion, I'd say it's not the first time risking other people's lives by driving home at 2+ times the legal limit... and if you aren't hard enough on yourself to stop fucking doing it, I applaud the internet for doing so.

[wazu]

No Uber? Why have you not moved?

[Jewish Rabbi]

Such a tough guy on here.

Sent from my Pixel 3a using Tapatalk

Says the guy defending the guy who committed one of the most selfish, senseless acts that anyone can make. He’s lucky he didn’t kill himself, or worse, an innocent bystander. You have no idea how drunk driving has impacted the lives of any poster on this board, but go ahead and keep making assumptions dipshit, and shove a running chainsaw up your asshole while you’re at it.

[Mr_Tomahawk]

Never blow.

Take the suspended license. It doesn’t go on your record.

[Eleazar]

If you’re driving at double the limit then you deserve whatever you get and you shouldn’t be able to weasel out of it, either.

[Eureka]

Many years ago I was with a buddy who got pulled over after we were out drinking. As he was being given a breathalyzer he wasn’t blowing hard enough. I was sitting in the front seat watching all this go down. I witness my buddy start yelling at the top of his lungs IM NOT DRUNK over and over again. In that moment I thought to myself yeah you are.

Silly things we do in our youth. OP how old you?

[Buehler445]

Never blow.

Take the suspended license. It doesn’t go on your record.

In Nebraska a refusal = automatic DUI.

Unless the law changed since my jury duty.

[cooper barrett]

All hiring a lawyer in this situation would accomplish is wasting money.


You are full of shit.

[cooper barrett]

the yeast from the pizza can **** up breath dealies

I gave you a plus for dealies, I give you a big BULLSHIT for your comment

[Holladay]

Lots of people have gone through the same thing man, plenty of people make the same mistake. All you can do is learn from it and move on like everything else. It's a process, eventually it will be behind you. Don't get too down on yourself.


Thanks.

I was not here for sympathy just advice. Was I wrong, YUP. Can I give excuses, YUP. They don't fly in my book.

A bad situation made by me. Agreed. And AGAIN, we don't have Uber nor ANY taxi's.

I was only looking for some sound legal representation.

My bad for "venting", not, on CP. I should have known better.

Peace, Out.

[cooper barrett]

In Nebraska a refusal = automatic loss of driving privilege.

Unless the law changed since my jury duty.

FIFU

[cooper barrett]

Look: You are up on a state charge, You need to make your first job to find good council. My attorney is also a judge, they wipe each others hands. find someone who walks on water... and you will be OK

Go to the court clerk and ask for assistance finding a attorney for an upcoming appearance before the court. Don't laugh, I do this on every state or local ticket i get. I get lotsof 25+MPH over tickets.

I met my judge friend/ex atty (Now A Circuit Court Judge) this way...

They almost always steered me towards an area part time prosecutor or part time judge. So my advice is: find a local judge or prosecutor for an atty. They are your best bet for a plea bargain or diversion program.

Stop your ****ing whining.. If you got caught last night you have done it many times before, you just need to admit it to yourself.

Be glad there wasn't half a fattie under the seat. (or they didn't put one there.)

[Holladay]

Thanks, I will look into it.

Not whining, just seeking thoughts.

My area of the country has a population of nill. Maybe that is a good thing or not.

[Pasta Little Brioni]

Jungle Law

[Demonpenz]

I gave you a plus for dealies, I give you a big BULLSHIT for your comment

yeast can fuck up the breath dealie from starting your car my bad. I knew a person that this was going to be the 5th dui or something and if he failed the interlock he was going to jail for a long time

[Demonpenz]

Because it relies on the fermentation process to make dough rise, yeast produces a tiny amount of alcohol. In your stomach it won't matter, but if you have a tiny bit of pizza dough, bread, cinnamon roll, or other bread-like food in your mouth, the alcohol could trip the sensor in an ignition interlock.Nov 4, 2014

[cooper barrett]

Yes I learned something,
People who get DUI, should eat their donuts or cinn. rolls when they do not need to drive their car within 3 minutes.

Repeatably attempting to start a car and failing the IID perimeters could send location, operator's photos and alcohol readings to the courts. I guess that non stop eating of donuts may send readings that there is a trace of alcohol over a period of time. I am sure that after waiting 3 minutes and passing is not going to cause a probation revocation hearing.

I usually fact check anyone who has 5 dwi's as anything coming out of their mouth is bullshit in my opinion.

A manufacturer states that the positive reading from a sugary bread, mouthwash or tooth brushing can be alleviated by waiting for about 3 minutes or by rinsing the mouth with water.

I got calls from a friend who's car was IID equipped, he had drank so much the night before that he was locked out of his car and needed to get to work. About 3 times of that happening his PO gave him the option of rehab or taking his DL and the car. He was blowing .06-.08% and above not .025% the zero the next try.

Making note of the fact that if a system is set at .025% that eating bread such as cinn. rolls or donuts (sugar and bread) immediately before or during the testing procedure could cause a Modern IID to register above .025. A manufacturer stated that drinking water or rising debris from your mouth would alleviate such an instance from happening since what is happening is that the lung sample is being contaminated by the bread in the mouth

[kjwood75nro]

Because it relies on the fermentation process to make dough rise, yeast produces a tiny amount of alcohol. In your stomach it won't matter, but if you have a tiny bit of pizza dough, bread, cinnamon roll, or other bread-like food in your mouth, the alcohol could trip the sensor in an ignition interlock.Nov 4, 2014And?

[D.A.P.]

You’re fucked

[kjwood75nro]

Surprised it's taken this long...https://uploads.tapatalk-cdn.com/20200927/73bd28d5210d62a7918f38beb08ddc74.gif

[duncan_idaho]

Get an attorney. It will mitigate the lasting effects of the DUI. Especially if this is your first offense.

And learn from it. It seems like you have/are.

[candyman]

You may feel like you had a bad night but it's obvious you're white, otherwise you wouldn't be alive to come here and post this

[hometeam]

You may feel like you had a bad night but it's obvious you're white, otherwise you wouldn't be alive to come here and post this

I mean OP is a dipshit, but it looks like you wanted in on that action too.

[candyman]

I mean OP is a dipshit, but it looks like you wanted in on that action too.

I've been learning well from the libs in the DC forum

[Eureka]

I've been learning well from the libs in the DC forum

Not true. The NFL is littered with AA who have received DUI’s.

[vailpass]

Thanks.

I was not here for sympathy just advice. Was I wrong, YUP. Can I give excuses, YUP. They don't fly in my book.

A bad situation made by me. Agreed. And AGAIN, we don't have Uber nor ANY taxi's.

I was only looking for some sound legal representation.

My bad for "venting", not, on CP. I should have known better.

Peace, Out.

Get an attorney. It will mitigate the lasting effects of the DUI. Especially if this is your first offense.

And learn from it. It seems like you have/are.

Yep. Lawyer up to the best of your ability. They may have made a process error that could be used to your advantage. Even if they didn’t, Duncan is correct that a good DUI attorney can minimize whatever can be minimized.

No matter what, the sun will come out tomorrow. Deal with it and move on. Good luck.

[Buehler445]

Yep. Lawyer up to the best of your ability. They may have made a process error that could be used to your advantage. Even if they didn’t, Duncan is correct that a good DUI attorney can minimize whatever can be minimized.

No matter what, the sun will come out tomorrow. Deal with it and move on. Good luck.

Didn’t mean to thumbs down you. My bad.


There is a lot of Recs for attorneys. And one of the dudes in town got one and is getting an attorney. I thought DUI was pretty cut and dried. What’s the probability that an attorney changes anything?

[cooper barrett]

I have walked from two. This was about 15-20 years ago. I know the strings are tightened pretty tight now.

MO State charge: Faulty testing procedure (outdated control sample) charges dismissed. No mandatory suspension.

Municipal charge: This was a plea bargain (who your atty knows), pay $550 fine for 10MPH speeding ticket. MO mandatory loss of license for 30 days*. Agree to take alcohol awareness course and 20 hours community service. (assembling stuff at Goodwill. Charges dismissed)

*Attorney advised that I buy a beater, put liability on it as you had to show proof of ins. and I swear the state sent my drivers record to them. My main insurance was never informed, never raised my rates, and my collector' cars insurance never changed either. I drove my regular cars as always.

Yes I suggest hiring an atty.






Didn’t mean to thumbs down you. My bad.


There is a lot of Recs for attorneys. And one of the dudes in town got one and is getting an attorney. I thought DUI was pretty cut and dried. What’s the probability that an attorney changes anything?

[BigRedChief]

GEEZZ Does Chiefs Planet have to pile on everyone?

[vailpass]

Didn’t mean to thumbs down you. My bad.


There is a lot of Recs for attorneys. And one of the dudes in town got one and is getting an attorney. I thought DUI was pretty cut and dried. What’s the probability that an attorney changes anything?

Frozenchief or one of our other attorneys are the ones to give you a much better answer than I can on your question.

Just from what I’ve seen over the years if you get hit with a DUI it’s usually your ass.
But I’ve also seen it where sometimes DUIs are somewhat negotiable as to the severity charged and sometimes are moved down to lesser charges. The guys I’ve known who went this route are older though, not in their twenties, and had solid representation.

No sweat on the thumbs down, I just would have figured it was from one of the resident nancy boys.

[cooper barrett]

If you don't bring $5K to the table, you are going to be a sacrificial lamb to the courts, another $5K for the system.

I'd say in CA you are fucked, maybe get forced psych. evaluation.

[mr. tegu]

All you assholes with your virtuous scolding this dude give it a rest. Dudes already been through the arrest and jail time. He's gonna have to go through the process and it sucks.

Sorry buddy been there but they have got these things pretty much stream lined. Good start wanting to get an attorney. Just don't ask about it here. Ask around find a local one.

Probably not going to get out of it, I'll be real honest. Hard to beat the charge on these things. However you never know, your attorney will hopefully be able to get you a diversion if it's your first one and as long as you we're not a total dick to the cops.

Lots of people have gone through the same thing man, plenty of people make the same mistake. All you can do is learn from it and move on like everything else. It's a process, eventually it will be behind you. Don't get too down on yourself.

Sent from my Pixel 3a using Tapatalk


People who do things like this need to be scolded and shamed to facilitate learning, but most importantly the excuses and justifications they make for their bad behavior need to be shown to be the negative personal characteristics that they are. From saying it was just a business meeting to not many people on the roads to understating how much over he was it’s clear he was trying to minimize the situation. That’s a bigger problem than just the one act as it shows a resistance to self examination. Hopefully the beating he took here helped to facilitate change in his thought processes about this.

[Buehler445]

Huh. I’d never even think to hire representation if I got tagged with a DUI.

[Inspector]

https://images-na.ssl-images-amazon.com/images/I/51Bm5oN1MLL.jpg

He's at the Omaha Mall managing the Cinnabons.

Tell him Walter sent you.

[cooper barrett]

Get off your soap box ans take the baseball bat out of your ass

People who do things like this need to be scolded and shamed to facilitate learning, but most importantly the excuses and justifications they make for their bad behavior need to be shown to be the negative personal characteristics that they are. From saying it was just a business meeting to not many people on the roads to understating how much over he was it’s clear he was trying to minimize the situation. That’s a bigger problem than just the one act as it shows a resistance to self examination. Hopefully the beating he took here helped to facilitate change in his thought processes about this.

[Bearcat]

Get off your soap box ans take the baseball bat out of your ass

Just because you've (hopefully) never injured or killed anyone with your reckless behavior doesn't mean it'll never happen.

If people don't want to be treated like children and shamed for doing stupid things, then maybe grow the fuck up? :shrug:

[tatorhog]

I know a guy who got a dui in that same county maybe 15-20 years ago (yikes, longer than I would have thought). He was from Falls City. At the end of the day, he was down a few thousand in cash and they put a blow tube on his truck for a year. He wasn't too thrilled with what happened to his insurance either. Everybody that could open his wallet, did.

Costly mistake. He learned his lesson from it and to the best of my knowledge hasn't done anything like it since.

[cooper barrett]

I grew up a long time ago,

I never blew over .10% (0.02 over legal limit) but I didn't stop driving home from the local dispensary because someone I didn't know got on his soapbox on a football bulletin board.

The law could go back forever and use my diverted DWI against me, my SO made me agree to spend a hundred bucks to get home instead of possibly losing my ability to drive legally. If I have a drink while out and about, I call my SO and if she can't pick me up, then I call a tow truck. Turn it in on your roadside assist. Just have it towed to a shop close to home and have the driver drop you off.....

The Penalties for a Second DUI or OWI Conviction in Indiana
A sentence of 6 months to 3 years in prison is possible along with fines and penalties of up to $10,000. Your driver's license will be suspended for a minimum of 180 days to 2 years as long as the first conviction was more than 5 years ago. worse if less than 5 years.

Indiana invented the breathalyzer. Google it

I haven't driven a car or motorcycle after a drink in about 15 years maybe more. I ride my bicycle through the neighborhood (as I have a nationally recognized brewery about a mile away) or call my SO and have her pick me up. She likes getting out the Bimmer and playing UBER LUX with a kinky twist.

[mr. tegu]

Get off your soap box ans take the baseball bat out of your ass


Pointing out that people need to take responsibility for their actions and showing specifically why it’s clear they do need to change is not getting on a soapbox.

[frozenchief]

OP:

Check your DMs. I sent you info about lawyers in NE.

[Pasta Little Brioni]

OP:

Check your DMs. I sent you info about lawyers in NE.

:clap:

[LiveSteam]

You know I'm born to boose, and drinking is for fools
But that's the way I like it baby
I don't wanna live for ever
And don't forget the Jack & Coke
:rockon:

[htismaqe]

You know I'm born to boose, and drinking is for fools
But that's the way I like it baby
I don't wanna live for ever
And don't forget the Jack & Coke
:rockon:

ROFL