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Worth Fighting a DUI!

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  • Scott
    Yes it is worth fighting a DUI. Hire a good DUI attorney with a good record of nego. down the penalties and fines and or wins in court. Regardless of what
    Message 1 of 9 , Jan 31, 2007
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      Yes it is worth fighting a DUI. Hire a good DUI attorney with a good record of nego. down the penalties and fines and or wins in court. Regardless of what is said to you here in these postings, I do not think you have enough time to learn how to defend a DUI properly. With proper application of punishment and not abuse, with counseling your Son on the harsh realities of Drinking and Driving, he should grow up a morally responsible young man. However to allow the system to over abuse your Son along with your punishment as a parent may just push him the other way. Your Son is extremely blessed no one was killed while he was driving drunk. I have alot of personal experience relating to this since my first wife was killed in an automobile accident by an impaired drunk driver. That driver spent years in anguish and agony and drank himself to sleep at night. I don't think he ever forgave himself but, he did ask the Lord and victim in prayer to forgive him. The man quit drinking and does not drive drunk or impaired. The man had no one to counsel him during and afterwards, he was and is very thankful he found the Lord whom counseled him well. Believe me you need to help your Son as much as possible with guiding him through and beyond this mistake but, don't let the court system or yourself bash him into resentment. Proper Punishment YES, abuse NO. As they said in Star Wars that leads to the Dark Side.

      Scott Williams
      Denver Colorado
    • Moisha Pippik
      Scott seems to think like the courts do. Guilty untill proven innocent. Scott, are you a lawyer? I believe the original poster of this thread said he drank
      Message 2 of 9 , Jan 31, 2007
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        Scott seems to think like the courts do. Guilty untill proven innocent. Scott, are you a lawyer? I believe the original poster of this thread said he drank three 8 oz cups in a 2 hour period. Now, unless he's a midget, I don't believe he could have been drunk. Furthermore, I'm sure he was not driving. As driving is a commercial term. If he was drinking, he definitely wasn't in his commercial capacity. Have you ever seen a legal fiction(person) drink. What is the legal limit for a legal fiction(person) to consume. How do you do a breathalizer on a legal fiction(person). Shall I go on? Rule 52 of TRCP, denial of corporation. I like this one.

        Moisha

        Scott <scott@...> wrote:
        Yes it is worth fighting a DUI. Hire a good DUI attorney with a good record of nego. down the penalties and fines and or wins in court. Regardless of what is said to you here in these postings, I do not think you have enough time to learn how to defend a DUI properly. With proper application of punishment and not abuse, with counseling your Son on the harsh realities of Drinking and Driving,
      • Steve
        First and foremost, my son is NOT a drunk! He is in the military protecting this country (or at least that is what HE thinks he is doing). He has been through
        Message 3 of 9 , Feb 1, 2007
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          First and foremost, my son is NOT a drunk! He is in the military
          protecting this country (or at least that is what HE thinks he is doing).
          He has been through a lot in his life and has stayed straight and clean
          with no drugs, no tatoos, no ear or body piercing, and no long hair. He
          is in the Air National Guard and is in tech school.
          No matter what happens, the Air Force has placed him back on Phase I
          schedule which means he will not be able to leave the base, or go
          outside his dorm in civilian clothes until he finishes his Tech school
          the last of April. That is about equivalent to what white collar felons
          get. He can't even watch TV.

          He was NOT drunk, and usually doesn't drink anything. He had 3 cups
          (holding about 7 oz each) with dinner, and then didn't drink any more
          for 2.5 hours. He was stopped by those coppers just looking to make a
          buck. He was NOT swerving down the road, but merely put out a turn
          signal to change lanes. For that, he got a ticket for 'failure to
          maintain lanes' which is bull! Everyone in his car had on a seat belt
          too - hardly indicative of drunks.

          He was in the wrong place at the wrong time, and I don't want to see his
          chances of getting a commission through ROTC get ruined. He has worked
          too hard. If we can get him off with wreckless driving and him still
          get a 1 year suspension, then that is what we will plea bargain for. He
          is getting punished twice for refusing the test (which he did because he
          panicked, never been in trouble, and NEVER even got a ticket between
          when he started driving and now). When he was driving only 6 months, he
          bumped a car in the Walmart parking lot and then went in and contacted
          the manager to see who the owner was to fess up to what happened. The
          manager called me with big praise for him because he said not 1 teenager
          in a 1000 would have done that.

          I'm still proud of him. We heard today that he has a hearing scheduled
          for Tuesday with the lawyer we hired before the judge and the lawyer has
          already talked to the judge and it seems the judge is pretty agreeable
          to reverse his guilty plea.

          Scott wrote:
          >
          > Yes it is worth fighting a DUI. Hire a good DUI attorney with a good
          > record of nego. down the penalties and fines and or wins in court.
          > Regardless of what is said to you here in these postings, I do not
          > think you have enough time to learn
          >
          > .
          >
          >
        • Moisha Pippik
          Steve, Are you looking for sympathy, or are you looking for answers? You may or may not get sympathy on this board, but you will definitely get answers. You do
          Message 4 of 9 , Feb 2, 2007
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            Steve,

            Are you looking for sympathy, or are you looking for answers? You may or may not get sympathy on this board, but you will definitely get answers. You do not have to defend you son on this board. We all have similar stories, and this is why most of us are here. There was a "light bulb" that went off in all our heads, and we have been searching for the truth ever since.

            Your original question, is a DUI worth fighting for. You have received many opinions on this. Don't use the sight to put your son on a pedestal. Use this board to get answers. Answers supported by specific experiences and fact(or as close to it as possible). Your son is not the only one that has been mistreated, abused, taken advantage of, denied due process, denied Creator given rights, denied state rights, denied federal rights, guaranteed to be protected by
            public officials who have taken an oath to uphold and protect the constitution of and for the United States of America and their states.

            There are no silver bullets per se, but you will find answers as close to silver bullets on this forum as you can find anywhere(we reference the Scriptures, as well as many other literature).
            What you and your son really need to ask yourselves is, "Do we have the time to fight for our liberties, and do we have time to ensure that those public servants are doing what their oaths
            promise"?

            Moisha


            ---------------------------------
            Want to start your own business? Learn how on Yahoo! Small Business.
          • Ed Siceloff
            Steve, first and foremost, your son is like a whole lot of people in this country. He obeys the laws, possibly blissfully ignorant that they don t even apply
            Message 5 of 9 , Feb 2, 2007
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              Steve, first and foremost, your son is like a whole lot of people in this country.  He obeys the laws, possibly blissfully ignorant that they don't even apply to him.  He's one of the good guys.  You as his father can be proud of him.  Maybe he's even better than most people. 
                But, common to the group that he is a part of, he has been arbitrarily picked on by a corrupt group of government officials in order for their group of people to make money on your son.  This is an increasing tendency of an out of control government.  Your son even wants to join a military to defend such a government.  Obviously he needs to have some more learning experiences about what the government of the United States is now like.  And by government of the United States, I mean all the governing entities within the United States that share in the idea of a government that is NOT a republic in which the laws apply to the government as well as to people in particular jurisdictions.  Government today is government by the king, unanswerable to the people, actually supposedly immune from responsibility to those people. 
                The floodgates have been opened to attack good people.  It matters not to government who your son is, or that he is good.  Their agents decided that they were going to make some money on him.  Altogether corrupt, but THIS is the way it is. 
                Until the fathers and sons, all people like yourself, and your son, decide to do the obvious and challenge the jurisdiction of these people, and what it is they are doing, and risk the things they have, this will continue and continue and continue. 
                You want to fight the trend, then don't plea bargain for something that son didn't do.  This is what your government wants ya'll to do, assent to its unjustifiable use of power.  If you assent to it, well.....you are not really looking for answers,  but only for ways to keep up other things in your lives. 
               
              Ed
              ----- Original Message -----
              From: Steve
              Sent: Thursday, February 01, 2007 10:29 PM
              Subject: Re: [tips_and_tricks] Worth Fighting a DUI!

              First and foremost, my son is NOT a drunk! He is in the military
              protecting this country (or at least that is what HE thinks he is doing).
              He has been through a lot in his life and has stayed straight and clean
              with no drugs, no tatoos, no ear or body piercing, and no long hair. He
              is in the Air National Guard and is in tech school.
              No matter what happens, the Air Force has placed him back on Phase I
              schedule which means he will not be able to leave the base, or go
              outside his dorm in civilian clothes until he finishes his Tech school
              the last of April. That is about equivalent to what white collar felons
              get. He can't even watch TV.

              He was NOT drunk, and usually doesn't drink anything. He had 3 cups
              (holding about 7 oz each) with dinner, and then didn't drink any more
              for 2.5 hours. He was stopped by those coppers just looking to make a
              buck. He was NOT swerving down the road, but merely put out a turn
              signal to change lanes. For that, he got a ticket for 'failure to
              maintain lanes' which is bull! Everyone in his car had on a seat belt
              too - hardly indicative of drunks.

              He was in the wrong place at the wrong time,

              .

            • one
              Since there is already an attorney, as I understand it, the following may be superfluous, as they don t listen to the unlearned, but may be useful to some
              Message 6 of 9 , Feb 2, 2007
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                Since there is already an attorney, as I understand it, the following
                may be superfluous, as they don't listen to the unlearned, but may be
                useful to some other.
                All of the DUI statutes specify that a certain blood alcohol level
                confirms impairment. These levels are based on experiments, many of
                which I have reviewed. There is actually no experimentally shown
                impairment at the .08 level which the MADD women have forced into law in
                many places.
                Secondly, blood alcohol level and impairment are not universally related
                but depend on many factors such as age, gender, body fat, presence or
                absence of food or other liquid, general physical health, etc. So, far
                as I know, there are no regulations promulgated for any DUI statute
                which inform anybody how to determine his or her blood alcohol level.
                Therefore, it is impossible for a person to know what to do to comply
                with this law, other than not drink alcoholic beverages at all, and
                prohibition has been repealed ... or at least, we thought it had been.
              • gary
                I m a little confused about this case. I know that in the state I lived in until my recent move, refusal to take the breath test got you an automatic 30 day
                Message 7 of 9 , Feb 2, 2007
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                  I'm a little confused about this case. I know that in the state I lived in
                  until my recent move, refusal to take the breath test got you an automatic
                  30 day license suspension, you didn't get convicted of DUI unless there was
                  some EVIDENCE of it. Why would the average person refuse to take the test
                  if merely refusing was grounds to convict you of DUI? That would be the
                  same as automatically being convicted of a crime if you take the 5th and if
                  that were the case, no one would take the 5th.

                  Unless I missed it, Steve didn't say what state his son is in so I can't
                  look it up, but I'd like to know in what state you are automatically
                  convicted of DUI if you refuse the test. Anybody know?

                  Gary

                  ----- Original Message -----
                  From: Ed Siceloff
                  To: tips_and_tricks@yahoogroups.com
                  Sent: Friday, February 02, 2007 10:53 AM
                  Subject: Re: [tips_and_tricks] Worth Fighting a DUI!


                  Steve, first and foremost, your son is like a whole lot of people in this
                  country. He obeys the laws, possibly blissfully ignorant that they don't
                  even apply to him. He's one of the good guys. You as his father can be
                  proud of him. Maybe he's even better than most people.
                • Steve
                  He was in Georgia. In most states now, refusing the BAC test gets you an automatic 1 year suspension (there are a few exceptions). It is due to implied
                  Message 8 of 9 , Feb 2, 2007
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                    He was in Georgia. In most states now, refusing the BAC test gets you
                    an 'automatic' 1 year suspension (there are a few exceptions). It is
                    due to 'implied consent'. He got the DUI because, scared to death and
                    not allowed to make a phone call and given the impression that he could
                    be in jail for while, he went in a pleaded guilty to DUI when they had
                    nothing on him! He has a hearing this coming Tuesday and we expect the
                    judge to reject/reverse this guilty plea. But, even if the judge
                    dismissed all the DUI charges on the court side, there is the
                    administrative side run by the drivers license department which says
                    'you refuse our test and you lose your license (for a year)'.
                    gary wrote:
                    >
                    > Unless I missed it, Steve didn't say what state his son is in so I can't
                    > look it up, but I'd like to know in what state you are automatically
                    > convicted of DUI if you refuse the test. Anybody know?
                    >
                    > .
                    >
                    >
                  • ric1009
                    North Carolina carries a penalty like this; automatic license suspension for refusal to take a breathalyzer. I don t think it carries the same weight as a DUI,
                    Message 9 of 9 , Feb 3, 2007
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                      North Carolina carries a penalty like this; automatic license
                      suspension for refusal to take a breathalyzer. I don't think it
                      carries the same weight as a DUI, but I'm not sure.
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