winchester21 Posted June 14, 2009 Share Posted June 14, 2009 We hired this 27 year old back a couple of years ago. Legal citizen from South America. Handles our Spanish speaking accounts. Worked hard - did very well- bought a car -a house- living the American dream. Thursday night he was coming home from a downtown at 1:00 in the morning and was stopped for speeding. Blew a .013 on the breathalizer. Completely trashed. Spoke with a lawyer friend of mine Saturday to get an idea of his situation. Big time trouble. Will definitely lose his license for a year. Will receive a restricted provisional license for driving back and forth to work. Can't rent a car when he travels on business. Subject to more searches and harassment at security gates when he flies. If he gets stopped again- the BAC DWI limit drops from .008 to .004.He loses his license permanently for the second one and may go to jail.In years past this could have been me on many occasions. I had a little meeting with my self about this a few years back and put my self on a strict 2 beer limit with food.If I want to drink hard liquior or wine I either have a DD or I drink at the house. I know many otherwise responsible professional people that think nothing of slugging down 4 or 5 martinis and driving home.I try to tell them- some have listened - others have not. This guy drove for like 10 miles before they caught him. Could have killed or injured someone. Something to think about when you order that 3rd or 4th beer at the local sports bar. Link to comment Share on other sites More sharing options...
Speedball Posted June 14, 2009 Share Posted June 14, 2009 Hopefully he learned his lesson. Link to comment Share on other sites More sharing options...
jbsl Posted June 14, 2009 Share Posted June 14, 2009 If I want to have a few drinks I do it at home and it is just a few drinks. I don't get drunk anymore cause you do stupid things that you cannot stop yourself from doing. Hope your friend comes out it okay. Link to comment Share on other sites More sharing options...
Mighty Favog Posted June 15, 2009 Share Posted June 15, 2009 I just don't drink alcohol at all...period. Nothing. Nada.I used to watch all my friends get trashed while hangin' out on one's front porch. Some would get to the point where you could tell what they had before you showed up. Beer?-- That when one guy has another in a headlock sayin' "I love ya lil' fu****!" Whiskey?-- and that same person is picking a fight with a telephone pole....(and winning). But I've been friends with the same group of degenerates since we were all about 5-years old and I'm in my early 40's. I had just as much fun watchin' all that than anything. Besides, I'd be the same idiot if I did drink....I just have fewer dents in my car. Link to comment Share on other sites More sharing options...
Daddy Dee Posted June 15, 2009 Share Posted June 15, 2009 Thankfully this fellow didn't harm himself or others before he was pulled over. Very tough lesson, indeed. Sounds like it will be most difficult for him to function as needed for business, renting cars and such, as in the past. Hopefully he will stay sober, or at least not get behind the wheel after drinking a drop. A tough year ahead. Hope he works the plan to come out on the right side. He'll be a better man for it. Link to comment Share on other sites More sharing options...
colterphoto1 Posted June 15, 2009 Share Posted June 15, 2009 Folks usually stop drinking when it causes them enough pain. Hopefully this fellow will get some help. If the court mandates rehap or other measures he would do well to attend and pay attention. Link to comment Share on other sites More sharing options...
Moderators Travis In Austin Posted June 15, 2009 Moderators Share Posted June 15, 2009 Thursday night he was coming home from a downtown at 1:00 in the morning and was stopped for speeding. Blew a .013 on the breathalizer. That is a potentially a winable case, that kid needs to see someone who knows how to handle DWI cases before he does anything. Travis Link to comment Share on other sites More sharing options...
colterphoto1 Posted June 15, 2009 Share Posted June 15, 2009 Thursday night he was coming home from a downtown at 1:00 in the morning and was stopped for speeding. Blew a .013 on the breathalizer. That is a potentially a winable case, that kid needs to see someone who knows how to handle DWI cases before he does anything. Travis What is 'winnable' about putting a drunk behind the wheel again? This guy needs help, not a better attorney. Link to comment Share on other sites More sharing options...
Cal Blacksmith Posted June 15, 2009 Share Posted June 15, 2009 I have'nt had a drink as in out partying down for over 25 years and haven't missed it a bit. I will taste the occasional wine (for cooking) to see if it is still good or if it has gone bad but other than that nope. As a matter of fact, with my weight loss surgery, it is a really bad thing to have any drinks at all. It goes straight to the intestine and then into the blood, hammering the liver extra hard as there is no stomach to buffer and dilute the booze. Just a sip of wine and within 30 seconds I am feeling the effects. Nope don't miss drinking at all. The fines and punishment for drinking and driving is not near severe enough. Jail time should be mandatory as well as the loss of your vehicle. You can't stop people from drinking and I would not want to, BUT when they threaten my and my loved ones, that is where I draw the line. Link to comment Share on other sites More sharing options...
oldenough Posted June 15, 2009 Share Posted June 15, 2009 Thursday night he was coming home from a downtown at 1:00 in the morning and was stopped for speeding. Blew a .013 on the breathalizer. That is a potentially a winable case, that kid needs to see someone who knows how to handle DWI cases before he does anything. Travis What is 'winnable' about putting a drunk behind the wheel again? This guy needs help, not a better attorney. Well put Michael. Link to comment Share on other sites More sharing options...
jacksonbart Posted June 15, 2009 Share Posted June 15, 2009 Hey, that telephone pole started it. Link to comment Share on other sites More sharing options...
colterphoto1 Posted June 15, 2009 Share Posted June 15, 2009 so very not funny. not at all laughing matter JB Link to comment Share on other sites More sharing options...
kelA Posted June 15, 2009 Share Posted June 15, 2009 With my profession, field service medical, drinking is a big no no for fear of the DWI. I hope this guy learns his lesson. I could not imagine what I would do if in his shoes. Link to comment Share on other sites More sharing options...
jamesV Posted June 15, 2009 Share Posted June 15, 2009 Hey, that telephone pole started it. Don't you just hate it when they jump right out in front of you.... James Link to comment Share on other sites More sharing options...
Daddy Dee Posted June 15, 2009 Share Posted June 15, 2009 Thursday night he was coming home from a downtown at 1:00 in the morning and was stopped for speeding. Blew a .013 on the breathalizer. That is a potentially a winable case, that kid needs to see someone who knows how to handle DWI cases before he does anything. Travis Travis, Could you say more about the issues here relating to a potentially winable case? Link to comment Share on other sites More sharing options...
theplummer Posted June 15, 2009 Share Posted June 15, 2009 Thursday night he was coming home from a downtown at 1:00 in the morning and was stopped for speeding. Blew a .013 on the breathalizer. That is a potentially a winable case, that kid needs to see someone who knows how to handle DWI cases before he does anything. Travis I agree, I believe the percentage is incorrect though. I'm sure he was a 0.13%, not .013%. His case is going to hinge on whether the judge allows the companion ticket, and allows the evidence to continue with the further investigation of the accident. If it were me, I'd play on the angle of the language barrier. Once you win that part, the Stupid human tricks may be inadmissable, as he may not have understood them correctly. And as we all know, anything further would then be "fruit of the poisious tree". Link to comment Share on other sites More sharing options...
theplummer Posted June 15, 2009 Share Posted June 15, 2009 Thursday night he was coming home from a downtown at 1:00 in the morning and was stopped for speeding. Blew a .013 on the breathalizer. That is a potentially a winable case, that kid needs to see someone who knows how to handle DWI cases before he does anything. Travis What is 'winnable' about putting a drunk behind the wheel again? This guy needs help, not a better attorney. Well put Michael.Now, before You put me on the wrong side of the fence, I want it clear that someone who is incapacitated and operating a motor vehicle Needs to be removed, mostly to provide immediate public safety. But, I'm moreover a civil rights activist. I believe more in the constitution, and the right to move about this great land free of harassment. And I believe, while he was drunk, a simple speeding ticket is not Probable Cause to continue with DWI enforcement investigation. Unless there are mitigating circumstances, police officers stop speeders all the time and do not issue DWI enforcement actions. By the mere time of day, or day of week, is not adaquate enough to continue enforcement of DWI, for merely a speeding ticket. "Officer, what else was he doing wrong?", I would ask. "Officer, how many speeding tickets do you write a year?, How many of those speeding tickets that you write result in further enforcement of DWI, without a companion charge?(Like Failed to keep to the right half of the roadway, stopping beyond stop line at intersections, etc.) The fellow should not have been driving drunk, if he was a .13%, I agree totally. But, maybe a warning and removal from the road, for the first offense would be in order. Ultimately the only reason for enforcement of DWI's in municipalities is directly for revenue generation. I fail to see how anyone can pay more money to make a problem go away. As a police officer, you are trained to impliment the MINIMUM amount of force necessary to ensure that the violator will comply in the future. Therefore, if he came from a foreign country (that does not have the same DUI enforcement laws), maybe a warning would be all that is necessary, how would we know, unless we try. It's the officer's discression. But, let me tell you, the officer has very LITTLE discression when it comes to enforcement of violations that traditionally carry a high dollar penalty, or the ability to pay even more to make it go away. It's disgraceful what your government is doing to you. So please, don't be so willing to give away YOUR right to have freedom of movement in this great land, YOU WILL be very sorry in the end! Link to comment Share on other sites More sharing options...
tigerwoodKhorns Posted June 15, 2009 Share Posted June 15, 2009 But, I'm moreover a civil rights activist. I believe more in the constitution, and the right to move about this great land free of harassment. And I believe, while he was drunk, a simple speeding ticket is not Probable Cause to continue with DWI enforcement investigation. Unless there are mitigating circumstances, police officers stop speeders all the time and do not issue DWI enforcement actions. By the mere time of day, or day of week, is not adaquate enough to continue enforcement of DWI, for merely a speeding ticket. "Officer, what else was he doing wrong?", I would ask. "Officer, how many speeding tickets do you write a year?, How many of those speeding tickets that you write result in further enforcement of DWI, without a companion charge?(Like Failed to keep to the right half of the roadway, stopping beyond stop line at intersections, etc.) Cross examination??? If you guys only knew how this really works. Link to comment Share on other sites More sharing options...
jacksonbart Posted June 15, 2009 Share Posted June 15, 2009 If he blew above the limit, then its done. You can plead what you want but the court will order your priviledge to drive gone for a year and he should feel lucky he didn't kill anybody or himself. A major rethink process is in order on how to handle drinking and move on logically from there, and he has his whole life is in front of him and yes still have a sense of humor. Link to comment Share on other sites More sharing options...
Mighty Favog Posted June 15, 2009 Share Posted June 15, 2009 But, I'm moreover a civil rights activist. I believe more in the constitution, and the right to move about this great land free of harassment. And I believe, while he was drunk, a simple speeding ticket is not Probable Cause to continue with DWI enforcement investigation. Unless there are mitigating circumstances, police officers stop speeders all the time and do not issue DWI enforcement actions. By the mere time of day, or day of week, is not adaquate enough to continue enforcement of DWI, for merely a speeding ticket. "Officer, what else was he doing wrong?", I would ask. "Officer, how many speeding tickets do you write a year?, How many of those speeding tickets that you write result in further enforcement of DWI, without a companion charge?(Like Failed to keep to the right half of the roadway, stopping beyond stop line at intersections, etc.) Cross examination??? If you guys only knew how this really works. Oh, I have a smidgen of an idea..[] www.acemerit.com Link to comment Share on other sites More sharing options...
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