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 Post subject: Re: I Can't Breathe II
PostPosted: Tue Jun 16, 2020 12:22 pm 
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It really is a no win situation. The sad truth is DUI charges were morphed into a revenue stream a long time ago.

Shakes is absolutely correct...the field tests are designed for you to fail. The problem is, if you refuse a field test, and breath test on-site, you will get charged with something. You can then hire a lawyer and get a nolle pros ruling after paying thousands of dollars, but here's the kicker. That charge....stays on your record. It goes nowhere. Down the road, the police run your license and plates and the charge(s) are there be seen.

My understanding is you absolutely refuse any test of any kind, but that's only if you know you are going to be over the legal limit...it's damage control at that point. If it's borderline and you think you're NOT over the legal limit, choosing the breath test over the field test is your best option, but again....rolling the dice.

this is just my understanding and would love to be corrected by Shakes or any of other other attorneys on the board.

For the record, I have no DUI charges or convictions to date. I have been pulled over and I have successfully passed breath test after failing the field test.

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 Post subject: Re: I Can't Breathe II
PostPosted: Tue Jun 16, 2020 12:33 pm 
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It is well known that a lawyer tells you refuse all tests. Fifth amendment style I guess? Where they have you is the DMV is not a criminal court. So even if you beat a DUI in court refusal of tests gets you a 6-12 month license suspension depending on state.

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 Post subject: Re: I Can't Breathe II
PostPosted: Tue Jun 16, 2020 12:49 pm 
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CNN front page... just the facts no opinions right?


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 Post subject: Re: I Can't Breathe II
PostPosted: Tue Jun 16, 2020 12:53 pm 
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BigW72 wrote:
It really is a no win situation. The sad truth is DUI charges were morphed into a revenue stream a long time ago.

Shakes is absolutely correct...the field tests are designed for you to fail. The problem is, if you refuse a field test, and breath test on-site, you will get charged with something. You can then hire a lawyer and get a nolle pros ruling after paying thousands of dollars, but here's the kicker. That charge....stays on your record. It goes nowhere. Down the road, the police run your license and plates and the charge(s) are there be seen.

My understanding is you absolutely refuse any test of any kind, but that's only if you know you are going to be over the legal limit...it's damage control at that point. If it's borderline and you think you're NOT over the legal limit, choosing the breath test over the field test is your best option, but again....rolling the dice.

this is just my understanding and would love to be corrected by Shakes or any of other other attorneys on the board.

For the record, I have no DUI charges or convictions to date. I have been pulled over and I have successfully passed breath test after failing the field test.


A friend of mine worked out of the State's Attorney office and her job was to prosecute DUI's. She told me to always refuse the test if requested.

It's also best to not be belligerent when they have you dead to Rights on DUI. If you think that might have you on it square (sober) up as best you can and not go back and forth with them. Even if they pull you over on some B.S. it's best to take your medicine and move on.

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 Post subject: Re: I Can't Breathe II
PostPosted: Tue Jun 16, 2020 1:13 pm 
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I got pulled over a couple years ago (coming back from a get together put on by W_Z fyi) for expired tags. Passed the field test, no breath test given. Would NOT recommend that experience to anyone.

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 Post subject: Re: I Can't Breathe II
PostPosted: Tue Jun 16, 2020 1:17 pm 
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SpiralStairs wrote:
I got pulled over a couple years ago (coming back from a get together put on by W_Z fyi) for expired tags. Passed the field test, no breath test given. Would NOT recommend that experience to anyone.

Hanging out with WZ? Definitely not recommended.

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 Post subject: Re: I Can't Breathe II
PostPosted: Tue Jun 16, 2020 1:21 pm 
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Douchebag wrote:
SpiralStairs wrote:
I got pulled over a couple years ago (coming back from a get together put on by W_Z fyi) for expired tags. Passed the field test, no breath test given. Would NOT recommend that experience to anyone.

Hanging out with WZ? Definitely not recommended.


Shots fired!

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 Post subject: Re: I Can't Breathe II
PostPosted: Tue Jun 16, 2020 1:47 pm 
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I failed the field test and then blew a 0.0.
yeah, I was immediately released. 2 beers 3 hours earlier didn't have a whole lot of impact :lol:

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 Post subject: Re: I Can't Breathe II
PostPosted: Tue Jun 16, 2020 2:05 pm 
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BigW72 wrote:
I failed the field test and then blew a 0.0.
yeah, I was immediately released. 2 beers 3 hours earlier didn't have a whole lot of impact :lol:


if given a field sobriety test i would undoubtedly say "i couldnt do this while sober"


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 Post subject: Re: I Can't Breathe II
PostPosted: Tue Jun 16, 2020 3:36 pm 
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Your guys, Trumpettes!

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 Post subject: Re: I Can't Breathe II
PostPosted: Tue Jun 16, 2020 3:41 pm 
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I was given a field test after I hadn't even been drinking. I had been up for over 24 hours after going to class, playing cards and going to class again. I had to follow the light without moving my head. He was going to give me another test and I told him to save the time and give me a breathalyzer. After asking for that he let me go on my way.

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 Post subject: Re: I Can't Breathe II
PostPosted: Tue Jun 16, 2020 3:44 pm 
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Joe Orr Road Rod wrote:
As they demand the elimination of police, their own police force is using chokeholds and ignoring guys that say "I can't breathe!"

https://www.youtube.com/watch?v=HyuWnTZd3l0


I feel like if Golden Jet or Caller Bob had to become cops they would be using their baton on civilians without hesitation.

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conns7901 wrote:
Not over yet.
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 Post subject: Re: I Can't Breathe II
PostPosted: Tue Jun 16, 2020 3:45 pm 
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conns7901 wrote:
Joe Orr Road Rod wrote:
As they demand the elimination of police, their own police force is using chokeholds and ignoring guys that say "I can't breathe!"

https://www.youtube.com/watch?v=HyuWnTZd3l0


I feel like if Golden Jet or Caller Bob had to become cops they would be using their baton on civilians without hesitation.


You're probably half right!

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 Post subject: Re: I Can't Breathe II
PostPosted: Tue Jun 16, 2020 3:46 pm 
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conns7901 wrote:
Joe Orr Road Rod wrote:
As they demand the elimination of police, their own police force is using chokeholds and ignoring guys that say "I can't breathe!"

https://www.youtube.com/watch?v=HyuWnTZd3l0
I feel like if Golden Jet or Caller Bob had to become cops they would be using their baton on civilians without hesitation.
If Twitter told GoldenJet to use his baton, he would liberally.

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 Post subject: Re: I Can't Breathe II
PostPosted: Tue Jun 16, 2020 3:49 pm 
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Frank Coztansa wrote:
conns7901 wrote:
Joe Orr Road Rod wrote:
As they demand the elimination of police, their own police force is using chokeholds and ignoring guys that say "I can't breathe!"

https://www.youtube.com/watch?v=HyuWnTZd3l0
I feel like if Golden Jet or Caller Bob had to become cops they would be using their baton on civilians without hesitation.
If Twitter told GoldenJet to use his baton, he would liberally.



Speak for yourself majorette.

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 Post subject: Re: I Can't Breathe II
PostPosted: Tue Jun 16, 2020 3:50 pm 
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I do.

You're the one who embeds Tweets all day.

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 Post subject: Re: I Can't Breathe II
PostPosted: Tue Jun 16, 2020 3:52 pm 
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 Post subject: Re: I Can't Breathe II
PostPosted: Tue Jun 16, 2020 5:32 pm 
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Kenny Williams blubbering on how much racism he's endured. He said white woman in elevators seem concerned when he's on one with them. That's instinctual self preservation kicking in from black crime. He should be blubbering about only 2 postseason Sox appearances in his twenty years, including the last 11. He inherited a talented playoff team from Ron Schuler. Now progress being made since Rick Hahn was promoted.

5@5 talked about his whining this morning with the obligatory "moving, powerful" scripted by fear critiques.


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 Post subject: Re: I Can't Breathe II
PostPosted: Tue Jun 16, 2020 5:41 pm 
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Joe Orr Road Rod wrote:
As they demand the elimination of police, their own police force is using chokeholds and ignoring guys that say "I can't breathe!"

https://www.youtube.com/watch?v=HyuWnTZd3l0


Animal Farm.

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 Post subject: Re: I Can't Breathe II
PostPosted: Tue Jun 16, 2020 8:21 pm 
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Man this is bad.

https://www.dailyherald.com/news/202006 ... affic-stop

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 Post subject: Re: I Can't Breathe II
PostPosted: Tue Jun 16, 2020 8:27 pm 
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Play stupid games, win stupid prizes.

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 Post subject: Re: I Can't Breathe II
PostPosted: Tue Jun 16, 2020 8:32 pm 
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denisdman wrote:


Seems a bit much. The girl doesn’t want to give the ID why?

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 Post subject: Re: I Can't Breathe II
PostPosted: Tue Jun 16, 2020 8:34 pm 
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Your guys, Trumpettes!


Why did Trumpets kill cops? That's odd.

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 Post subject: Re: I Can't Breathe II
PostPosted: Tue Jun 16, 2020 8:38 pm 
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Nas wrote:
GoldenJet wrote:


Your guys, Trumpettes!


Why did Trumpets kill cops? That's odd.


Blacks is Blacks

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 Post subject: Re: I Can't Breathe II
PostPosted: Tue Jun 16, 2020 8:43 pm 
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pittmike wrote:
denisdman wrote:


Seems a bit much. The girl doesn’t want to give the ID why?


Why does she have to? The driver's response is probably over the top, but opening the doors and demanding identification seems a bit much. I only watched like 5 minutes of the video so I guess I must the juicy stuff.

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 Post subject: Re: I Can't Breathe II
PostPosted: Tue Jun 16, 2020 8:47 pm 
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denisdman wrote:


Next time this happens, that is if the two cops still have jobs that is, they will simply ignore any domestic abuse complaints. Let the woman (or) man kill the other one. Just didn't see it they will say. No was if I were a cop, put up with the stupid rules that they are supposed to employ deadly with the ignorant thugs in the world.

Hannity just showed the video of a punk black kid on the streets of New York hit and knocked down a 92 year old white woman walking back from the store. The woman then hit her head on a fire hydrant when she fell. Luckily that someone taped the asshole and the cops got him but due to Deblowsio's own policy, no bond will have to be posted on that bum.

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 Post subject: Re: I Can't Breathe II
PostPosted: Tue Jun 16, 2020 8:47 pm 
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I don’t know the law on thus, but I think the cop wants to make sure there are no warrants/abductions/underage since he saw them fighting. The driver complied and cleared right away. The cop said he could tell she was breathing heavy and crying. The passengers seemed to make a big deal out of nothing.

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 Post subject: Re: I Can't Breathe II
PostPosted: Tue Jun 16, 2020 8:48 pm 
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Nas wrote:
pittmike wrote:
denisdman wrote:


Seems a bit much. The girl doesn’t want to give the ID why?


Why does she have to? The driver's response is probably over the top, but opening the doors and demanding identification seems a bit much. I only watched like 5 minutes of the video so I guess I must the juicy stuff.


I don’t really know? If they thought they needed to document a past or future domestic problem? Glad they are alive that’s for sure.

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 Post subject: Re: I Can't Breathe II
PostPosted: Tue Jun 16, 2020 8:54 pm 
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pittmike wrote:
Nas wrote:
pittmike wrote:
denisdman wrote:


Seems a bit much. The girl doesn’t want to give the ID why?


Why does she have to? The driver's response is probably over the top, but opening the doors and demanding identification seems a bit much. I only watched like 5 minutes of the video so I guess I must the juicy stuff.


I don’t really know? If they thought they needed to document a past or future domestic problem? Glad they are alive that’s for sure.


Okay. I didn't know that.

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 Post subject: Re: I Can't Breathe II
PostPosted: Tue Jun 16, 2020 9:05 pm 
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Nas wrote:
Why does she have to?



I guess authority is the answer. Seems like today more than ever many people need a refresher on when you can tell a cop to fuck off vs when you have to listen to a cop. I say that seriously. I don't know myself which opens me up to getting duped I guess. I err on the side of compliance but I still have to know my rights.

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