You only get 30 minutes for a witness to arrive; after 30 minutes you are required to take the test even if the witness has not arrived.

Quote :

"After 10 days you can choose to go pay $100 to obtain a limited driving privilege to allow you to drive in order to work and maintain your household. "

IRCC, you can only apply for and receive a LDP after court disposition.

Quote :

"what percentage of cops would you estimate are certified in those tests? i'd expect the vast majority, but honest question"

Depends on the agency, etc. I would say its 50% or even less in the majority of agencies.

3/4/2012 12:09:06 PM

As for the question, do cops have to be trained in sobriety tests, I think about all of them are, but it is more favorable for you in court if they are not.

3/4/2012 12:10:34 PM

I was a passenger in a car the other day that went through a roadside sobriety checkpoint. The driver had zero drinks and of course blew clean. I asked if I could try and I also blew clean. I then informed the cop that I had consumed 5 beers 2 hours prior. I should have had some indication.
I tell this story here only to show how iffy these machines can be.

Still, like Brett said, don't drink and drive!

3/4/2012 12:10:37 PM

Quote :

"I think about all cops have to take a breathalyzer class. I was pulled over at NCSU and the cop immediately made me take a breathalyzer. I was so annoyed."

My sister has a friend who married a cop and he had to go through a training session where you get to invite your friends to a free drinking event. The cops serve everyone an unlimited amount of bourbon for free. Then the cops have to practice performing the tests to figure out who is too drunk to drive. I think it is the Cary police department that puts on this event.

3/4/2012 12:22:09 PM

Quote :

"I tell this story here only to show how iffy these machines can be."

Yea, the handhelds are an absolute joke no matter what some asshole comes in here to argue. I blew a .16 on one of those after 2 beers...and had finished the last one an hour earlier.

3/4/2012 5:05:42 PM

Quote :

"You only get 30 minutes for a witness to arrive; after 30 minutes you are required to take the test even if the witness has not arrived. "

I'm just saying, the kid wasn't given the 30 minutes, period. He made the phone calls shortly after rights were read and the test was administered minutes later. Judge just didn't care.

3/4/2012 5:10:54 PM

so just to get this thread straight.. big4county is pissed off becuase his friend got a dwi and ruined his soccer team and wants him the judge to grant him permisson to drive and play the games. not the fact that he could of fucking killed someone, he just wants a winning soccer team.. AHAHAHAHAHAHAHAHAHA holy shit this is amazing.. make this a fucking tv show..


btt

3/4/2012 6:20:25 PM

Quote :

"Yea, the handhelds are an absolute joke no matter what some asshole comes in here to argue."

I will argue you that all day; they use the exact same technology. The only difference is the one "downtown" has evidential safeguards to ensure that the sample tube is always clear, and that its calibrated before each sample.

The handhelds are calibrated once a month and are calibrated using the same method as above.

Variances can occur because of the time since last drink and alcohol elimination from the body.

But, a good officer only uses a alcohol screening test device to determine if alcohol is the impairing substance.

3/4/2012 7:10:21 PM

Quote :

"But, a good officer only uses a alcohol screening test device to determine if alcohol is the impairing substance."

LOL

3/4/2012 7:25:50 PM

This guy should have to become someone’s butler

3/4/2012 8:05:00 PM

NC is actually one of the worst states to get a DWI. Why is that?

3/5/2012 8:41:40 AM

overzealous christians and strong support of prohibitionists, like MADD

3/5/2012 9:04:30 AM

Yeah, but aren't there plenty of other strong, overzealous christian states; why do we have one of the most strict DWI laws in the country?

3/5/2012 9:07:53 AM

i read the following article and had a question about it
http://www.wral.com/news/strange/story/11130899/

Quote :

"An Iowa man stopped outside a Dubuque bar with a small zebra and a parrot in his truck has been charged with drunken driving. officers arrested 56-year-old Jerald Reiter of Cascade on Sunday in the parking lot of the Dog House bar, where people had been taking photos of the animals. Officers gave Reiter a field sobriety test and charged him with drunken driving. Reiter disputes the arrest. He says he was about to let a passenger, a person, begin driving."

So from what I understand, he wasnt actually driving the truck, but he was still in the parking lot. This legal? Any thoughts?

5/24/2012 10:35:02 AM

depends on the local laws.

5/24/2012 10:46:09 AM

NC also has one of the highest DWI fatality rates in the country.

5/24/2012 10:48:46 AM

So what happens when you get 2 DWI's in 3 years?

[rant]My friend must be a fucking alcoholic or something!!!!!!!!!!!!! I'm so pissed right now!!!!!!!!!! [/rant]

[Edited on July 9, 2012 at 10:35 PM. Reason : .]

7/9/2012 10:35:06 PM

well, you obviously have poor choice in friends

7/9/2012 10:43:10 PM

^I guess so.

7/9/2012 10:44:54 PM

troll thread.

lock

I'm Krallum and I approved this message.

7/9/2012 10:45:25 PM

I just met him 2 years ago through playing rec soccer and he's a damn good player too. I didn't realize he had a driving record like that.

[Edited on July 9, 2012 at 10:50 PM. Reason : .]

7/9/2012 10:49:53 PM

Quote :

"Also, once you drink 3 or more beers, you shouldn't drive for about an hour at least"

Quote :

"thanks for the few beers limit I didn't think of that"

7/9/2012 10:59:45 PM

please guys i have a match tonight

7/10/2012 12:47:19 AM

DWI is very difficult to get out of in Wake County especially. If you've followed the news, you may have read that James Crouch and company (Judge Ruth and another African American Judge I can't recall) were charged with improperly and possibly fraudulently handling DWI cases recently, bringing even more heat.

It is possible to get out of them still, but very unlikely. Possibilities include irregularities in the paperwork, arresting officer dying/transferring/not showing up to court, video footage that can draw suspicion as to why you were originally pulled, improperly administering sobriety tests, etc. There's a ton of loopholes, but it all depends on the attorney, the judge that day, the number of continuances for the state and defense, etc. Again, it is extremely difficult to beat in Wake County, and they don't get reduced to lesser charges iirc. Either you beat it or you don't. You can appeal it if you lose in district court also. Attorneys like to let cases "rot" as long as possible, but you can get the process expedited if you'd like by arranging a small DWI specialty hearing where they actually try a handful of cases. Everyone in the district courtroom is probably continuing their case.

Typically for a first offense they look at aggravating (blow over .16, have minor in the car, cause a wreck, previous alcohol offenses, other traffic violations, etc.) and mitigating factors (taking a substance abuse class, no priors, blowing close to the limit, etc.) and after 10 days if you get an assessment you can get a provisional license for 20 days that lets you go to work, school, church, community service, and places for "maintenance of the home", which I assume would be like the grocery store or maybe hardware store - maybe even store for babies goods.

You lose it entirely for the first 30 unless you do the assessment (10 days minimum) and then after that 30 you get full privileges until you are convicted. Once convicted, you typically lose it for another 30-60 days entirely and then 10-11 months with provisional as described above. You also can only blow .04 for six years.

If you blow a .16 or above, you have to get a blow-and-go installed after you lose your license entirely for a 45 day minimum.

Bottom line is - don't drink and drive. Insurance goes up 400% for three years, attorneys fees, court fees, alcohol class assessment fees, community service (usually 24-72 hours first time depending on what you blow), the blow-and-go monthly charges and calibration charges, fees to get your provisional licenses, bail, etc. If your time is valuable at all and you factor in all the time it takes to deal with it, DWI can cost upwards of $20,000 pretty quick. Not to mention the shame and humiliation of going to jail, having your mugshot in the slammer, potential problems with existing and future employment, etc. the list just goes on and on. If you can afford to drink at a bar, you can afford to take a taxi or bus.

7/10/2012 4:17:19 AM

I think most drunks do not care about having a drivers license.

The car used in the offense should be seized and crushed and returned to the owner flattened, you do not see people getting their guns/weapons back after using them in a crime.

7/10/2012 10:16:13 AM

^LOL!

Quote :

"It is possible to get out of them still, but very unlikely. Possibilities include irregularities in the paperwork, arresting officer dying/transferring/not showing up to court, video footage that can draw suspicion as to why you were originally pulled, improperly administering sobriety tests, etc"

He said the cop made him blow right away instead of administering a sobriety test first, so the lawyer was going to use that in court, but since this is his 2nd DWI and he blew a .09, I'm guessing he is pretty much screwed.

[Edited on July 10, 2012 at 8:14 PM. Reason : .]

7/10/2012 8:14:03 PM

There is no order you have to follow and can really only attack improperly administered Standardized[keyword] Field Sobriety Testing.

[Edited on July 10, 2012 at 8:22 PM. Reason : ...]

7/10/2012 8:21:48 PM

I'm surprised I haven't argued in this thread yet.

7/10/2012 8:27:31 PM

^^It sounds like he is pretty sure he is going to lose his license for 2 years. That's probably a fair punishment too.

7/10/2012 8:38:55 PM

Quote :

"I'm surprised I haven't argued in this thread yet."

Argue away

7/10/2012 9:16:32 PM

is buzzed driving really drunk driving like the advertisement says

7/10/2012 9:17:37 PM

^I don't know, but I have heard some people can be over the legal limit and not even be drunk while others can be under it and have trouble driving.

7/10/2012 9:19:13 PM

is there a reliable pocket sized breathalyzer?

i like to walk around until i feel like i'm sober enough to drive

i don't want to guess wrong

7/10/2012 9:20:33 PM

Quote :

"My sister has a friend who married a cop and he had to go through a training session where you get to invite your friends to a free drinking event. The cops serve everyone an unlimited amount of bourbon for free. Then the cops have to practice performing the tests to figure out who is too drunk to drive. I think it is the Cary police department that puts on this event."

it's not an "event"... it's a training session with like 5 or 6 people drinking. and it is NOT unlimited alcohol... in fact they measure precisely how much everyone gets because they want most of the people to be on the verge of being over the limit in order to train the officers better.

they do give you a ride home in a cop car though afterwards

i don't know if they still do it or not... it was fun the time I did it.

7/10/2012 9:36:43 PM

Quote :

"i don't know if they still do it or not"

They do

7/10/2012 9:44:10 PM

cary pd used to come to the tke house to recruit people to participate in their drunk exercises, hate I missed them...free shots!!

7/10/2012 9:46:42 PM

Quote :

"^I don't know, but I have heard some people can be over the legal limit and not even be drunk while others can be under it and have trouble driving."

I'm sure this is true. I know it would not be wise for me to drive a car after I have a glass of wine or less. I'm terribly light weight.

Quote :

"Argue away "

For once, I don't think I have anything to argue about.

7/10/2012 9:56:24 PM

Under .08 is much harder to prove and it falls under the first prong of the DWI statute.

Over .08... well if there is lawfully collected evidence, you are guilty whether you are a n00b or a first class alcoholic.

The third prong (heroin) is much harder to prove because it breaks down in the body too fast.

7/10/2012 11:04:07 PM

i'm switching to heroin

7/10/2012 11:23:45 PM

Heroin metabolizes into morphine so you would just fall under prong 1.

7/11/2012 12:00:11 AM

Quote :

"is there a reliable pocket sized breathalyzer? i like to walk around until i feel like i'm sober enough to drive i don't want to guess wrong"

I'd think so, though I'm not sure. I know recently in France they instituted a law where all motorists have to possess a working breathalyzer in their vehicle at all times, the idea being that someone who has been drinking can immediately test themselves and see whether or not they are legal before driving anywhere. If you do not have one in your car when stopped, you can be charged with not carrying proper safety equipment. (They also require things like safety triangles, reflective vests, and a first aid kit).

7/11/2012 9:57:29 AM

My gk lost his licence for a year. He got what he deserved. I don't know what to do.

7/11/2013 2:51:26 PM

Just drive away when they are trying to pull you over.

I'm Krallum and I approved this message.

7/11/2013 2:55:18 PM

Don't drive drunk you piece of shit.

7/11/2013 3:02:40 PM

Don't be a shitty friend and give him a ride to games/practice. That is assuming he's a really good keeper. If not...then fuck him.

7/11/2013 3:20:28 PM

Quote :

"is there a reliable pocket sized breathalyzer"

No, there isn't. There are plenty that have "close enough" readings, but what you would want is one that would be legally defensible. To get that you have to not only have the proper instrumentation but also have to be trained on the procedure and documentation, so not only would you have to buy the breathalyzer but also would have to pay for the course.

The instruments have to be calibrated at least monthly with the calibration gas and at least once per day with air. (One is a span cal and one is a bumb cal). Basically the span cal test is to make sure the instrument is calibrated correctly based on the local temperature and pressure and the bumb cal is to make sure that the instrument does not have any residual alcohol in it (it is intended to pic up a 0.00).

You could probably get one online but it would cost at least a thousand dollars and the class runs around $1500 and is a week long.

If you were to take a reading from one of the smaller cheaper breathalyzers then it would instantly be thrown out in court b/c of the calibration/training not being current.

[Edited on July 11, 2013 at 3:41 PM. Reason : Had to qualify as a DOT Breath Alchol technician for work, only reason i know this]

7/11/2013 3:37:51 PM

so here is the instrument we use

http://www.galls.com/cgi/CGBCSTYL?PMSTYL=LW021&utm_source=GoogleBase&utm_medium=cpc_pla&utm_term=LW021&ne_ppc_id=1421&ne_key_id=26369804&PMSRCE=20920050&ne_kw={keyword}&gclid=CJyX_cmZqLgCFfHm7AodExwAJA

here is the calibration gas

http://www.davtech.ca/index.php/products/alcohol-testing/calibration-equipment/item/52-intoximeters-30-liter-dry-gas-tank-082

I guess there is an online class for much cheaper

http://www.sapaa.com/?Alcohol_BAT_Exam

7/11/2013 3:47:45 PM

Get a scooter you're fucked

7/11/2013 7:36:24 PM

^I'm not since I have never had a traffic violation except for expired tags.

Quote :

"Don't be a shitty friend and give him a ride to games/practice. That is assuming he's a really good keeper. If not...then fuck him."

I'm not planning on driving him around, but yeah, he's really good.

[Edited on July 11, 2013 at 7:56 PM. Reason : .]

7/11/2013 7:56:21 PM

Quote :

"My gk lost his licence for a year. He got what he deserved. I don't know what to do."

can't tell if serious.

7/15/2013 10:26:29 AM