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Re: [tips_and_tricks] Worth Fighting a DUI!

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  • 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 1 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      prohibition has been repealed ...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 2 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 3 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 4 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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