whiteslashasian
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Doh!Originally Posted by odoreater
HAHA! I was thinking along the same path as MrG...Thanks for clarifying.
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A question for attorneys, or anyone with a basic knowledge in law.
- Thread starter MarkI
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HAHA! I was thinking along the same path as MrG...Thanks for clarifying.
odoreater
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Refuse to blow next time. Your license will be suspended for 3 months and the cop will probably kick your ass, but they won't have evidence to prosecute.Originally Posted by javyn
Wrong. Refusing is the worst thing you can do. I don't know about other jurisdictions, but at least in NJ, you can still be convicted of DUI even if you refuse to blow based on other evidence. And, at least in NJ, refusal does not merge with the DUI, so you will be sentenced to consecutive license suspensions if you are convicted of both. There are many defenses to breathalyzer or alcotest cases, but there are almost no defenses to refusal.
FLMountainMan
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Wrong. Refusing is the worst thing you can do. I don't know about other jurisdictions, but at least in NJ, you can still be convicted of DUI even if you refuse to blow based on other evidence. And, at least in NJ, refusal does not merge with the DUI, so you will be sentenced to consecutive license suspensions if you are convicted of both.Originally Posted by odoreater
There are many defenses to breathalyzer or alcotest cases, but there are almost no defenses to refusal.
In Florida it is advantageous (relatively, you're still mostly screwed) to refuse all tests if you are absolutely hammered. Additionally, you can request an independent tester.
One of our funnier quirks is that they can't draw blood from you without your consent. However, if you are unconscious by reason of intoxication, they assume you consent to the blood test. So don't pass out!
odoreater
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Yeah, like I said, different jurisdictions do things differently. I wish people in NJ knew that it's a bad idea to refuse. I have had so many cases where I have to
because the client refused and then they are stuck with both a refusal charge and a DWI charge, and when the police have a video of you performing the psychophysical tests on the roadside and you are stumbling all over the place, they can very easily get a conviction for DWI.
Piobaire
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Originally Posted by FLMountainMan
One of our funnier quirks is that they can't draw blood from you without your consent. However, if you are unconscious by reason of intoxication, they assume you consent to the blood test. So don't pass out!
Ataturk
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Retroactive extrapolation (if I've got that right) is all the rage these days. Gee, officer, sure I tested 0.10, but that's only because I was drinking right before (or while, it didn't used to be a crime if you weren't drunk) I was driving. I absorbed the alcohol while I was waiting for the test.
odoreater
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Retroactive extrapolation (if I've got that right) is all the rage these days. Gee, officer, sure I tested 0.10, but that's only because I was drinking right before (or while, it didn't used to be a crime if you weren't drunk) I was driving. I absorbed the alcohol while I was waiting for the test.Originally Posted by Ataturk
Here in NJ, anything that is .10 or above is a "per se" violation and you cannot use what we call "the glove box defense," or any other defense for that matter. You can attack the scientific reliability of the reading, but that's about it. You cannot collaterally attack your intoxication.
S. Paul
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In Florida it is advantageous (relatively, you're still mostly screwed) to refuse all tests if you are absolutely hammered. Additionally, you can request an independent tester.Originally Posted by FLMountainMan
One of our funnier quirks is that they can't draw blood from you without your consent. However, if you are unconscious by reason of intoxication, they assume you consent to the blood test. So don't pass out!
Hah, I didn't know this, thanks for the info, fellow Floridian...greatest state in the Union, eh? I like your style.
SP
ter1413
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There are lots of defenses to a DUI, regardless of what you blew. In fact, I've beaten 3 DUIs this month. Them spelling your name wrong on the ticket is not a defense. Hire a lawyer. If this happened in New Jersey, hire me.Originally Posted by odoreater
Take a cab moron!
odoreater
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Yes, I know, but RE is a defense to DUI per se. Think about it.Originally Posted by Ataturk
Not in Jersey. If you blow a .10 or higher, you cannot argue that you were not drunk at the time you were operating the vehicle, period. You can't argue that you drank just before driving, or that you drank after being pulled over, or you drank while driving. All of those defense are barred. You can't even hire an expert that will testify that if your blood alcohol was .10 when you took the test, it would have been a .07 (below the legal limit) at the time you were driving. All you can try to do is get the reading thrown out on technical issues that put into question the reliability of the machine itself.
How so??Originally Posted by ter1413
A post or two later I explain how I am an attorney and I beat those DWIs for clients, not for myself.
crazyquik
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That's...unusual. What's the rationale?Originally Posted by Ataturk
I'm curious--do you have a cite? Or is it a statutory thing?
Jersey Shore Rule, not taught at other law schools. You'll have to ask Professor Mike "The Situation" to explain.
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