Help me understand Maranda rights. I was arrested tonight.

[Unionman]

All the negitive commets to this guy........yet how many of you do the same thing (have a beer with a friend) (or couple bowls) minus the wreck and dui???


I know some people don't but all of you........???


and yes I had a very good friend die in a car accident of his own doing while drinking....so I know what its like to lose somebody.


Good luck man, it cost my brother a small fortune to get off, but I think they stoped taking large payments to get off.....idk

 

[quest]

Okay, your test was over the legal limit because of the alcohol you consumed AFTER the accident. You obviously wanted to destroy any evidence of an open container and you pounded down that half-pint of Jack Daniels you had on you AFTER the wreck.

 

[MrBomDiggitty]

Okay... drunk drivers are all assholes who should suffer whatever punishment is comming to them. Okay.

But its not against the law, or even that dangerous, to have ONE BEER and drive.

That's why its legal to blow a 0.08 and be safe.

Unfortunately, a Sparks is more like TWO BEERS.

Shoulda drank half and poured the rest out for da homies.

O well, now.

O yea, and they say driving way too drunk isn't the common problem. Its people who drive thinking they are "okay" because usually they drink a fifth no problem and now they only had a tenth, and their reaction times are just slightly impared to the point that they fuck some shit up.

Which is exactly what you did. Big time.

 

[MrBomDiggitty]

O yea, and best tip was the one about requesting a blood test. By the time they had provided you a facility to get your blood drawn from, you would have been way less than whatever you test on the side of the road.

 

[good drown]

you need to get a lawyer, a good one for drunk driving will cost a few thousand.
did the cops ask you how long ago was your last drink?
how long after the cops first showed up were you given the test?
where was the test done and what kind? if it was only the portable unit, you can usually get off with a good lawyer.

 

[Possum]

if you have been drinking - do NOT submit to ANY test what so ever.

call your attorney as soon as possible.

this is your best chance even with implied consent - so dont let that threaten you!

 

[pimpjuice]

Sparks, really!? Shit I'd write you a ticket for that LOL. Gotta love the energy alcoholic beverage you can drink and lose your shit in a curve, total 2 cars and blame the cops for not reading your Miranda warning. I *bet* your a *great* driver after you've had a fifth, that shit doesn't make you superman, or sober.

 

[1TokeRedeux]

Lot of sage advice here

Lot of sage advice here

Heed the advice offered, and get your affairs in order in preparation for some time behind bars and NC raping your wallet.

That said, there's no such thing as Miranda Rights in NC, attorneys laugh at the idea and ignore your pleas. Been there, done that.

They have you dead to rights, beg for the mercy of the court and kiss the judges' ass.

Just my 2-cents.
1T

 

[Pythagllio]

That's why its legal to blow a 0.08 and be safe

Umm, not true, you can be convicted of DUI with a 0.1 BAC if they can show you're impaired from that bit of alcohol. The 'legal level' is a per se amount, all it means is that you're guilty if you blow it, it doesn't matter how competent you are at that level. Believe me, some drunks aren't drunk or even close to impaired at 0.08. On the other hand you wouldn't have wanted to have been on the road with me sainted mother driving if she'd recently had even one drink.

 

[DiscoBiscuit]

Not to mention that you'll get to pay through the nose for auto insurance for the rest of your life. Figure somewhere just under $5k per year in today's dollars depending on the rest of your driving record. No, it never goes away, the insurance companies never forgive a DUI.

Last I checked, first DWI in NC carries DWI insurance rates for three years.

For those suggesting to refuse the test, here's what you might face:

The smart leo will conduct a field sobriety test as soon as driving while impaired is suspected. If leo is lucky, there will be a video camera in the cruiser. You may refuse the breath test but video showing your field sobriety test could be used to convict regardless. Even if leo doesn't have video, they can still tell the court if you failed the test.

I got pulled over 10 years ago. The deputy was a rookie and didn't perform the field sobriety test. I refused the breathalyzer and lost driving privileges for one year.

When I went to court, the deputy had no evidence. It was pretty obvious the judge wanted to proceed with the case and was visibly angry when my lawyer reminded him there was no evidence to convict.

You might get away with a DWI if you refuse the breathalyzer but walking for a year could cost you more than a guilty verdict. If all they get from you is a field sobriety test, it might be all they need for a conviction if they can prove you failed.

 

[Pythagllio]

Well, just go down to an AA meeting and ask around. They'll fill you in on the reality of how long you'll be getting doinked by your insurance companies for a DUI conviction.

 

[!!!]

If somebody had been seriously hurt in the accidents then you'd have been completely fucked, but given the circumstances (no record, rainy day, etc) you're unlikely to see jail time - but this is my opinion and not legal advice.

The best advice in this thread is to get a good lawyer.

The fact that you blew over the limit is enough for a DWI. Whether you can handle your booze or not is irrelevant. It's absurd because the amount you ingest isn't enough to determine if you're drunk or not, but the law hasn't caught up with the times (does it ever?). For example, somebody on antidepressants may get tipsy after only 2 beers, and somebody on Ambien or Valium may NEVER be fit to drive even if totally free of alcohol. I'm certainly NOT fit to walk from one room to the next on any dose of Ambien, but I can drive and I most likely won't get a DWI after ramming into children - ridiculous!

 

[hamstring]

The only thing refuseing does in NC is automatic 1 year loss of license. Hard to get to work with no drivers license. Its pretty much a guilty plea in this state. By submiting to the test at least he has a chance for a restricted license to drive to work and back as well as go to the store .

This is misleading info.

Always refuse because if you don’t your lawyer has nothing to work with. Don’t trust me do some googling. All lawyers will tell you never blow "unless its the cop"hehehe.

In fact some states are trying to make the penalty for refusal harsher because of this loophole. Never ever give consent period!!!

PEACE

 

[quest]

.

 

[StrictlyGateway]

you basically have no rights. when i got popped, i was NEVER read my rights...hollywood. through a weekend in jail, multiple court appearances...nothin. it's a farse. then i had the pleasure of being on 'pretrial supervision' for a year before trial, which didn't count towards my probabtion AT ALL. that's basically probation for those awaiting trial...so much for innocent until proven guilty. and that was in a 'liberal' town..not really, but that's what people think of the place. just don't count on having rights, you're safer that way.

 

[the_man]

The only drunk driving I beat was the one I refused the test. I refused another time and they (four sheriffs) pinned me down and a nurse took my blood.

So cali is one of those states.

Anybody else in a state that does forced blood draw ?


If your going to get popped for DUI refuse everything it is allot cheaper that way. even if you have to walk for a year.

 

[Kcar]

In Cali you can do breath, blood, or urine. Urine has the least alc%, followed by breath,
then blood.

Was that a Sparks Plus? 7% alc at 24oz = 1.68oz of pure alcohol = 4.2 "Drinks"

You must be about 120# and chugged the thing right before getting in your truck.

 

[quest]

The Man

The Man

.