If anyone wants a SICK Clubbie... It looks like I'm going to be without a DL for a long time...
https://www.northamericanmotoring.co...t/18564/cat/49

 

If you don't mind me asking, what happened???

 

indeed... pray tell?

 

Legal ******** surrounding a DUI arrest. I'm gonna beat the DUI wrap but i refused to submit to Breathalyzer. Doing that in the state of Florida is worse than the DUI itself. Its really stupid but thats the law. It wouldnt be a big deal if i hadnt refused once before 7 years ago (which i won). Two refusals equal 18 months with no license If you dont win the civil hearings with the DMV here. Profiling is a big problem here. Plus we have an ancient law on hand here that states you cannot modify your exhaust from stock. Yes you read it right. The law has nothing to do with noise or emissions only that it was altered from original manufacturer specifications. That being said a cop can pull you over at anytime if you have a modified car. Its a nightmare but I have an awesome car that someone will get a crazy deal on... PLEASE TELL ANYONE YOU KNOW!

 

yep that s*cks.

 

A state trooper can pull a car over anytime at all just to inspect the vehicle. They do not need a reason except to inspect your car. That replaced the state inspection a very very long time ago. A sheriff or any other Police Department has to have a reason such as a tag frame that partly covers or even touches the lettering on a license plates cause for stopping you. No seat belt ! (Stopped and fined) Bald tires ! (Stopped and fined) Dark Window tint ! ( Stopped and made to remove and can still be fined) Loud exhaust. (YEP) They can always find a reason to pull you over here in Florida. Police are good at sitting near a bar and following you when you leave because they know what you were doing in that bar. They have so many ways to stop you that you do not have a chance of not having to blow into the tube. It is just a fact of life. Just either don't drink anything and drive or don't be in the wrong place at the wrong time.

Personaly I would rather have no state inspection and put up with the cop's then be at the mercy of the inspection crooks most states have.

 

Ummmmm...were u drinking?

 

I think the questions yields the answer.

Not flaming on OP, but when refusing a test, either in the field or at the station, you might as well paint yourself guilty. . .sad, but true. I am sure that is how a Judge looks at it, and why refusal even carries a revocation of driving privileges.

If you have nothing to hide, why refuse?

 

Exactly my point. I lost a friend to a drunk driver so there will be NO sympathy here. If u drink and drive u get what u deserve...

 

This is going to take a turn fOr the worst. The main reason why I didn't put anything about what happened in the OP. I've lost people to drunk drivers etc. The reality of the situation really has no bearing or weight in any of your lives. Speculate all you want but closed minded crap can be taken elsewhere. EVERYONE is guilty of having a few beers and driving home. I got wrapped up by an ********* cop on a power trip. When you pass your field sobriety tests ( further villified after myself and my lawyer watched the dash-cam and in-jail video) why would you consent to anything after all of that. I wasn't even allowed to call anyone until the next morning etc. Did I mention I was home? Parked in a parking spot, out of my car when he pulled in and told me to sit back down in my car. After the nonsense was over he had my car impounded despite it being legally parked. ****. I don't even know why I'm giving fuel for the fire. The bottom line is I have a really sweet mini, a mini that unless a miracle happens, has to be sold. So, if you want to buy or know someone that would want to, please refer them.

 

The big problem is it will cost you a lot of $$$$$ to pay the lawyer to handle this for you. I think you are in your rights to not blow into a stupid machine that is known to be wrong 38% of the time at point 08 & under. If you passed all of the other tests. You should have told them you wanted a blood test. 100% accurate.

I do not think anyone should drink and then drive at all but it is a worldwide fact of life that a lot of people do. Two beers seem to be OK for most people but not the Breathalyzer. In Florida point 08 is enough to say you are drunk.

I think TEXTING, EATING, DRINKING COFFEE etc. , Putting on makeup and playing with the GPS is far more dangerous then two beers and a point 08 reading on a Breathalyzer. Anything over point 1.0 a person should lose their license because at that Laval the Breathalyzer is 98%accurate.

Anyway you look at it, innocent or guilty it is going to cost you a bundle of money.

Good Luck

 

My whole "wad" is gone and I havent even gone to court yet. There goes my motor build... I was gonna try and build the baddest clubbie yet but i guess not... If anyone is actually interested in my car please PM me with an offer...

 

For the record I'm not guilty of having a few beers and driving anywhere, I always stay 100% sober if I'm driving. That said, breathalyzers are KNOWN to be poorly calibrated and generally poorly designed, so I can see why the OP would want to refuse to blow. Sorry to hear about your clubbie, hope you find a buyer for it.

 

i should have said "at one point in time or another"

 

The OP got hosed IMO. If you pass field sobriety they shouldn't have a right to make you blow. The deal should end right there.

 

My lawyer said that the videos had " NO evidenciary value"

 

Maybe not...but they are good when posted on youtube...

 

It is really 52 minutes of boring.

 

I'm not sure why you feel the need to sell it? So you can't drive for a 1.5 years? Why not apply for a work only permit? Is that not allowed? People with DUI's here in the state of Cali can apply for it. My dad got a DUi about 6 years back and he was able to drive to and from work.

 

if that is really the case, your best bet then is to do the blow test and argue the verity of it when you go to court.

 

hindsight is always 20/20. Im here now and i have to deal with it!

 

Sounds like a lot of POP factored in to all the charges. EPA says no mods to exhaust. It is everywhere, although rarely enforced.
Refuse anything you go to jail and get to sort it from there. Be glad the exhaust thing is all he found, if looking that hard the officer was on a quest for some reason. Sorry but it is ususally self inflicted.
Best of luck. Use the time to put down the bottle and get back on track. It ain't your first rodeo and you will be watched from now on. Call it profiling if you want, but the watching has been self imposed, by you own admission. The language you use paints a picture that a lot of folks key straight in to.

Just saying

 

How old are any of you? Ive found that the average mini owner is in his mid to late 30's. Am i correct in this?

 

How is that relevant? You posted your situation on an online forum, opening the doors to any/criticism.

I haven't flamed you, nor will I, and no where in your posts did you state you passed a field sobriety test prior to refusing the Breathalyzer. The situation is shitty, but I for one, think that noncompliance is just that. IT isn't a cause to sit in and claim it is against ones civil rights, lol. Not to mention, if you are in an area that "profiles" or targets people/modded cars, it is the price you pay to play.

GL with everything.

 

I was asking because i wanted to know. I dont know why you got defensive, I wasnt getting upset with "old" people or trying to relate to "young" people. I'm in this situation and I know how i got here. So, if you dont want to answer the question DONT.