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Re: [tips_and_tricks] Worth Fighting a DUI!

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  • 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 1 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 2 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 3 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 4 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 5 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 6 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 7 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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