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Beat: Got a DWI in NJ.  What to do? Beat: Got a DWI in NJ.  What to do?

05-27-2012 , 03:20 AM
Long story short:

1. I've already hired a lawyer that specializes in DWI defense.

2. The cop didn't have probable cause to pull me over. I pulled down my friend's street, who I was going to visit. There was a police checkpoint 50 ft farther down the road, and was pulled over because I turned down my friend's street. The cop could possibly lie and say that the street was blocked off.

3. The cop conducted a standard field sobriety test even though I told him that my calves were injured and that I couldn't perform the test. This is the reason that I was arrested. Again, the cop could lie about this with impunity.

4. I passed the breathalyzer at 0.07. Everybody else at the police station suggested releasing me, except for the cop. DWI laws are bull****. There should be limits for a reason. They shouldn't be able to charge you when you're below the limit.


Is there anything else that I could be doing to assist in my defense? My first court date is 6/13.
05-27-2012 , 03:26 AM
lol@excuses
05-27-2012 , 03:31 AM
Passing a breathalyzer seems like a good excuse to me.
05-27-2012 , 03:34 AM
Quote:
Originally Posted by mrh86
Passing a breathalyzer seems like a good excuse to me.

lol so you can get a DUI for passing the breathalyzer. wtf.
05-27-2012 , 03:35 AM
I would go on an internet forum whining about it and asking for advice.
05-27-2012 , 03:36 AM
Quote:
Originally Posted by mrh86
Again, the cop could lie about this with impunity.
no
05-27-2012 , 03:39 AM
I'm not whining. This happened three weeks ago and I'm feeling confident. I'm just looking for non-trolling replies. And yes, cops can lie about lots of things as long as there is no audio evidence.
05-27-2012 , 03:46 AM
Quote:
Originally Posted by mrh86
I'm not whining.
You are. You really are.

Quote:
Originally Posted by mrh86
This happened three weeks ago and I'm feeling confident.
Apparently not if you are here asking a bunch of degens for advice.

Quote:
Originally Posted by mrh86
I'm just looking for non-trolling replies.
You've come to the right place


Quote:
Originally Posted by mrh86
And yes, cops can lie about lots of things as long as there is no audio evidence.
Legally cops can't lie. I mean you are going to lie and say you weren't over the limit so what's the diff.
05-27-2012 , 03:49 AM
Quote:
Originally Posted by ncboiler
You are. You really are.



Apparently not if you are here asking a bunch of degens for advice.



You've come to the right place




Legally cops can't lie. I mean you are going to lie and say you weren't over the limit so what's the diff.
Actually, I'm not going to lie. The cops' breathalyzer showed that I wasn't over the limit. If it comes down to the classic "he said, she said" scenario, the cops can lie about details such as probable cause, and there is nothing to prevent them from doing so. Sure, I can refute what they say, but who is the judge going to believe?
05-27-2012 , 03:50 AM
Quote:
Originally Posted by _UM
lol so you can get a DUI for passing the breathalyzer. wtf.
I'd blow a 0.0 right now. I'm ****ed!
05-27-2012 , 03:52 AM
Quote:
Originally Posted by mrh86
Actually, I'm not going to lie. The cops' breathalyzer showed that I wasn't over the limit. If it comes down to the classic "he said, she said" scenario, the cops can lie about details such as probable cause, and there is nothing to prevent them from doing so. Sure, I can refute what they say, but who is the judge going to believe?
I'd go in whining like you are now and maybe he will feel sorry for you. OP you are a loser on so may levels. Not because you may or may no have been drunk but just because of this thread.
05-27-2012 , 03:54 AM
Quote:
Originally Posted by ncboiler
I'd go in whining like you are now and maybe he will feel sorry for you. OP you are a loser on so may levels. Not because you may or may no have been drunk but just because of this thread.
I may kill this thread by saying this, but nh sir.
05-27-2012 , 04:17 AM
Quote:
Originally Posted by _UM
lol so you can get a DUI for passing the breathalyzer. wtf.
says he got DWI, which is lesser offence I believe, "driving while impaired". =>0.08 is a DUI

I don't know what the bottom range is for DWI tho
05-27-2012 , 04:19 AM
Quote:
Originally Posted by string_bean00
says he got DWI, which is lesser offence I believe, "driving while impaired". =>0.08 is a DUI
It's the same offense in NJ. They can charge and convict you if they can prove that you were operating a motor vehicle while under the influence of drugs and/or alcohol. I didn't even know that they could charge you if you're under 0.08 BAC, but I was wrong. The only thing that 0.08 or over means is that they need no other evidence to convict you. Those over the limit, under arrest commercials need to stop. You can be under the limit and get charged as well.
05-27-2012 , 04:41 AM
So they are alleging that you were operating while under the influence of sth other than alcohol? Or you are being charged with operating under the influence of alcohol even though you were under the legal limit?
05-27-2012 , 04:54 AM
Well. the first thing you did correct was to get a specialized lawyer. A acquaintance I knew in LA, CA got arrested also. HE pleaded and got it down to some misdemeanor with a years AA and a fine. In the end, lawyer fees + fine + AA was a hell of a lot cheaper as long as it doesn't happen again as opposed to what could happen since he was guilty and over the limit.

Also have a friend whos been caught numerous times and nothing happens to him. We didnt really go into it but each time he gets caught, he pays of course but nothing really detrimental.

I also got my car totally wrecked by a drunk driver when my car was parked in a quiet neighborhood when I visited my friend. He slightly swiped 2 other cars and hit mine head on.

Im all for being semi lenient for the first time offense if no one was hurt and no property damage is done but laws are to easy. The book needs to be thrown especially when its the second time.

Hero New Jersey cop in my opinion doing what he's doing when others said to let you go.
05-27-2012 , 05:00 AM
doubtfull anyone itt will offer any useful advice the lawyer specializing in DUIs that you hired won't alraedy know
05-27-2012 , 06:32 AM
1. I've already hired a lawyer that specializes in DWI defense.

ok

2. The cop didn't have probable cause to pull me over. I pulled down my friend's street, who I was going to visit. There was a police checkpoint 50 ft farther down the road, and was pulled over because I turned down my friend's street.

lol i think turning around to avoid a police checkpoint might qualify as suspicious.

3. The cop conducted a standard field sobriety test even though I told him that my calves were injured and that I couldn't perform the test.

lol .. poor you

4. I passed the breathalyzer at 0.07. Everybody else at the police station suggested releasing me, except for the cop. DWI laws are bull****.

wat

heres an idea , grow the **** up . Accept responsibility for your actions instead of naming a hundred ******ed reasons why you should be allowed to drink and drive and how the cop was in the wrong somehow for catching you. Try not drinking and driving next time.
05-27-2012 , 06:46 AM
Firstly, what is wrong with the people in this thread with their stupid responses? Am I missing something here?


Quote:
Originally Posted by mrh86
Long story short:
1. I've already hired a lawyer that specializes in DWI defense.
Ask around about a good lawyer. There's one in Philly who is really good, I can recommend him if you wish, he might be able to help you if you are in South Jersey. If not, go with someone who has good reviews.

Quote:
2. The cop didn't have probable cause to pull me over. I pulled down my friend's street, who I was going to visit. There was a police checkpoint 50 ft farther down the road, and was pulled over because I turned down my friend's street. The cop could possibly lie and say that the street was blocked off.

3. The cop conducted a standard field sobriety test even though I told him that my calves were injured and that I couldn't perform the test. This is the reason that I was arrested. Again, the cop could lie about this with impunity.

4. I passed the breathalyzer at 0.07. Everybody else at the police station suggested releasing me, except for the cop. DWI laws are bull****. There should be limits for a reason. They shouldn't be able to charge you when you're below the limit.
If all 3 of these things are true, any half-decent DUI lawyer should be able ot get you off scott free, and you should absolutely have this talk BEFORE you go to court. Insist on it, and if the lawyer doesn't say he's confident it'll be thrown out tell him you're willing to get a new lawyer. It's very important you express this opinion right away, before the court date. When you get in front of the judge it's too late because the entire process doesn't last long at all.

Cops lie or are mistaken all the time. People here have no idea what they are talking about and probably don't have much experience with cops/courts/laws. Jersey is known for how bad the cops are. I don't step foot in Jersey anymore as I can't stand the feeling of the "police state" over there.

I remember getting pulled over in my car in South Jersey and having a cop go through all my papers, then call in the k-9 drug unit for backup. I asked him if there was a problem and he said that us being from Philly to come to South Jersey to go looking for a coat to buy was suspicious. I laughed in his face and after 30 minutes or so looking for any probable cause to search my car and failing, he let us go.

lol Jersey cops. Anyway, good luck with your case and don't listen to the idiots in this thread.
05-27-2012 , 07:13 AM
Try not to drive drunk next time? You blew under at the police station, which means plenty of time passed between when you were pulled over and when you blew.
05-27-2012 , 07:17 AM
You can't tell by that rationale. He could have just had 2 beers very quickly and his BAC could have been rising, reaching the high point of .07 when he blew, or it could have been coming down, as you are suggesting.

In fact, there was a case where a person was arrested for DUI and had it thrown out because he blew a .08 20 minutes after he was stopped. The lawyer argued he wasn't legally drunk when he was driving and since he was 2 blocks away from home he would have still been sober by the time he reached his house.
05-27-2012 , 07:37 AM
.05 where i come from. you're guilty
05-27-2012 , 08:36 AM
Quote:
Originally Posted by kaipwn
.05 where i come from. you're guilty
I thought that's a minimum level to start your car in oz?
05-27-2012 , 09:07 AM
I'd just like to say that OP has always been a jerky dbag, and thus it's nice to see bad things happening to him.
05-27-2012 , 09:59 AM
Did they get a video of your arrest on the dash cam? If you really did make a legal turn to avoid the checkpoint it shouldn't matter though. if they allow it The video could really hurt you if you seem unsteady

      
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