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Posted

Friend got pulled over for 85 in a 75 last Thursday evening. However, his GPS enabled camera (per him) showed him going 72.

 

He thought he was fine and blew, lost. .10. He is hiring a lawyer, but I am personally curious, can his camera/gps be used to show that it wasn’t a legal stop? Bad equipment, bad cop, etc? It was on a I-30 so divided and he flipped around and lit him up immediately, no following and watching him swerve or whatnot.

Posted

Would be a fun exercise in witness examination.  In fact, something like this is often used in a trial advocacy course.

Lead the cop into admitting that the only cause he had for the stop was speeding.  See what evidence he has of speeding, then bust him up with the GPS thing.

Posted

I'm guessing it will get pled down and such or outright dismissed but the money is already sunk (pre trial conditions, lawyer, etc) so no reason not to fight it at this point. 

Posted
12 hours ago, immamac said:

Has your friend been living under a rock? You never under any circumstances even when sober blow. 

100%. I have heard some lawyers say that if you've absolutely have had nothing to drink that they don't see a problem but other lawyers say otherwise. Personally I would respectfully decline by telling the officer that I'm happy to comply with any warrant but I'm not saying more without a lawyer present.

Regardless you definitely don't go near the breath analyzers with even 1 drink in the last day. And...

 

  • Hook 'Em 1
Posted
13 hours ago, markstanco said:

It was on a I-30 so divided and he flipped around and lit him up immediately, no following and watching him swerve or whatnot.

IMG_3095.gif.83968113bf54a39d77ea21774bc57a2b.gif

Posted
13 hours ago, immamac said:

Has your friend been living under a rock? You never under any circumstances even when sober blow. 

This was my question as well, but here we are.  

Also, that is all the info I have from talking to him.  

Posted
14 hours ago, immamac said:

Has your friend been living under a rock? You never under any circumstances even when sober blow. 

In fairness he was drunk so you can't expect him to make the most rational decisions in the moment.

Posted

Don't blow because Intoxilyzers are notoriously inaccurate.  Maybe not even if you've drunk nothing.

But, you will have your license suspended with pretty much no recourse except an occupational license for 180 days.

If you really are sober, demand a blood test.  They can't suspend if you take one.  And if you're borderline and feel froggy, they might delay enough that your BAC drops.  Assuming it doesn't go up (that happens depending on the length from your last drink).

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Posted
50 minutes ago, TwiceHorn said:

Don't blow because Intoxilyzers are notoriously inaccurate.  Maybe not even if you've drunk nothing.

But, you will have your license suspended with pretty much no recourse except an occupational license for 180 days.

If you really are sober, demand a blood test.  They can't suspend if you take one.  And if you're borderline and feel froggy, they might delay enough that your BAC drops.  Assuming it doesn't go up (that happens depending on the length from your last drink).

I've never understood why people fall for the line that your license will be suspended if you refuse to blow. So what. As you said, look to get an exemption for work travel. Use Uber or friends/family for the rest. And honesty, you can probably still drive in many situations and never get caught. But it's a risk.

I have heard lawyers warn that blood tests can identify other substances in your blood including legal prescription drugs that could impair your driving. Not too mention less than legal substances. It's a consideration for some when requesting a blood test.

Posted
2 hours ago, Nice Guy Eddie said:

I've never understood why people fall for the line that your license will be suspended if you refuse to blow. So what. As you said, look to get an exemption for work travel. Use Uber or friends/family for the rest. And honesty, you can probably still drive in many situations and never get caught. But it's a risk.

I have heard lawyers warn that blood tests can identify other substances in your blood including legal prescription drugs that could impair your driving. Not too mention less than legal substances. It's a consideration for some when requesting a blood test.

They're not "falling for the line."  It's a fact that it will be suspended for six months on refusal, even if you are acquitted on the DUI.

It is relatively simple to obtain an occupational license, but you have to go through the steps and pay some fees.

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