whiteslashasian
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Doh!
HAHA! I was thinking along the same path as MrG...Thanks for clarifying.
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Doh!
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.
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.
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.
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.
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.
Yes, I know, but RE is a defense to DUI per se. Think about it.
How so??
That's...unusual. What's the rationale?