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420chan is Getting Overhauled - Changelog/Bug Report/Request Thread (Updated July 26)

Fishy DUI

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- Sun, 26 May 2019 17:19:23 EST +1KRmpqs No.46396
File: 1558905563468.jpg -(13003B / 12.70KB, 280x373) Thumbnail displayed, click image for full size. Fishy DUI
The other night I was stopped because I may have not come to a complete stop at a stop sign. I was leaving the bar at about 3 AM in Missouri. I gave him my license but wasnt able to find my insurance card, which ended up being buried in my glovebox. The officer suspected me of drunk driving and began to do the finger thing where you follow with your eyes. At that point I had stopped drinking about 7 hours prior and I know I was sober enough to drive. I was instructed to get out of my car and do the rest of the field sobriety test which I was passing with flying colors, but it seemed like he was purposely prolonging it for the slightest hint. They put me in cuffs and were about to take me to the station when I requested they breath test me on the spot to conclusively prove my sobriety, to which they refused and said I can only blow at the station.

When I got to the station, he said a blew a .7 which is twice the legal limit. It wasn't until I was home and calm enough that I realized the legal limit is .08 and twice that is .16 and at .7 I would be dead. I should have got a good look at the device because Im afraid they will fabricate records, the officer even told me he knows how to work on the breath device which was kind of ominous.

I have a lawyer but I'm pretty sure he's just a civil case worker and Im not sure how good he would be, but he has known my dad for over 20 years.

The officer said my license would be immediately suspended but after checking the dmv site it is still valid. For first offense DUI in Missouri it looks like 5 days jail/60 day suspended license, but the officer told me it would be suspended for a year starting that day.

So basically, Im pretty sure I blew a .07 which is legal, I have insurance when they said I didn't, and they got me for not wearing a seatbelt when in reality I had just removed it when I was stopped. I can't prove that I stopped at the sign but Im not worried about that.

If I show my valid insurance and my breath test concludes I was sober, then all Im looking at is a minor traffic citation (failure to stop at a sign/seatbelt) right?
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Hamilton Bocklechine - Tue, 28 May 2019 07:15:08 EST I0kzmY5f No.46397 Reply
>>46396
DUI lawyer here (though in a different state)

my initial impression is you probably misheard and he said .17. Unless you're under 21 or driving a commercial vehicle for them to automatically suspend your license it will have to be over .08.

Officers can't manipulate results from what I can tell. whatever you get results of are what the machine spit out. it could still be bad results, but it's pretty obvious to DUI lawyers if that's the case.

your license will get revoked for a year if you get convicted. the 60 day number you're seeing is for a restricted license.

Ask the lawyer if he wants to do it. he should be straight up with you whether he's capable or not. Bur do it soon. In my state if you don't have an attorney within 10 days things get way worse for you.

Let me know if you have any specific questions.
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Edward Sisslenadging - Wed, 29 May 2019 01:54:56 EST +1KRmpqs No.46398 Reply
I was only breathalyzed once, dont they have to get two samples? Do you think I have a good chance of only getting probation and my license suspended instead of jail time? From what I know my lawyer is also a judge, but it will be about 2 weeks after the arrest before I see him. I really dont think it could have been .17 as I was not feeling drunk, when we got to the station he even admitted I did fine on the field sobriety test which contradicts his position of "I believe you are intoxicated" and there was no preliminary breath test at the site of arrest, so I dont understand how they were able to apprehend me if I passed the field test and there was no preliminary breath test.
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John Bicklederk - Wed, 29 May 2019 19:19:27 EST I0kzmY5f No.46400 Reply
>Don't they have to get two samples?
Generally speaking yes. It's required in the intox 9k procedures to get two samples. However, that doesn't mean it's automatically out. Definitely something an experienced DUI attorney should look at though.
>Do you think I have a good chance of only getting probation and my license suspended instead of jail time?
I don't know. In my state you have to go to jail, but Missouri law seems to allow suspended sentences if you do treatment and shit. So the best I can tell you is it's possible
>but it will be about 2 weeks after the arrest before I see him.
Again, Missouri may be different, but in my state the only chance you have of getting your license back until you resolve your case is if you challenge the suspension within 10 days.
>I really dont think it could have been .17
In my experience people have no idea what different BACs feel like. if they suspended your license they got a result over .08. Whether it was accurate or not is another story, but they have to say it was above .08 to suspend your license.
> he even admitted I did fine on the field sobriety test
You can come back with 0 clues on any field sobriety test and still absolutely be guilty of DUI. I have had juvenile clients who had one beer and were not less safe to drive who got convicted of DUI because they blew above a .02. It works the same way with adult DUIs. It doesn't matter how drunk .08 gets you, if you're over the limit you and are stone sober for all intents and purposes, you're still guilty of DUI.
> there was no preliminary breath test
Most good DUI officers don't ask for PBTs. Their results other than positive or negative for the presence of alcohol are inadmissible anyway.

Assuming your result is admissible, and its impossible for me to figure that out without seeing your discovery, they just have to prove probable cause to arrest to get that number in front of a jury. If they will testify they saw a less safe act and have any reasonable articulable suspicion you were drinking (odor, showing clues on the finger waving test (HGN), or admission of drinking), that's legally sufficient to get the number in, and legally sufficient to convict you of DUI.

You need to get that number suppressed. there's a lot of ways to do it, but you need a DUI lawyer ASAP to have any chance of it.
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George Fubbershit - Thu, 30 May 2019 16:03:47 EST TP3NpvoO No.46403 Reply
>>46400
Ome final question. My license has not been suspended yet and this was exactly one week ago. Would it already be suspended if I blew over .08, or does suspension not happen until the hearing? Thank you so much for your input.
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Jenny Murdshaw - Thu, 30 May 2019 19:44:54 EST I0kzmY5f No.46405 Reply
>>46403
Unless Missouri law is totally different (it shouldn’t be) they should have seized it when you tested. That makes me think there’s more going on to your case.

All of the advice above was assuming they seized your license. You may have a weird one on your hands.
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Fucking Bidgewell - Thu, 30 May 2019 20:59:51 EST +1KRmpqs No.46406 Reply
>>46405
More going on like what? I didnt fight or hurt anyone, I didnt wreck my car, I didnt have drugs on me and I didn't rob anyone or do anything else at all besides run a stop sign and have alcohol in my system. I'm not on probation/parole and Im not being monitored by the state or whatever. I didnt threaten the cops and I was not "belligerent" by any means, but I was definitely unhappy and kind of skeptical of what they were doing so I wasnt being 100% peachy keen with them, but I complied with everything they asked of me. My dad said that my license would be good for 14 days after the arrest but Im not sure where he got that from. I will see my lawyer fairly soon and Ill update the thread if you are interested.

Thank you again for replying, your words are comforting even though I have no way of vetting you lol
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Nicholas Blytheman - Fri, 31 May 2019 15:03:00 EST QLfkBtvL No.46407 Reply
Something I forgot that mightbe important to my license coming up as valid. I am a citizen of Kansas and have a Kansas driver's license. I am going to call the Missouri Dept of Revenue to see if they have any answers to the status of my license.
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Nicholas Blytheman - Fri, 31 May 2019 15:18:17 EST QLfkBtvL No.46408 Reply
Something I forgot that might be important to my license coming up as valid. I am a citizen of Kansas and have a Kansas driver's license. I am going to call the Missouri Dept of Revenue to see if they have any answers to the status of my license.
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Nicholas Blytheman - Fri, 31 May 2019 15:44:20 EST QLfkBtvL No.46409 Reply
Something I forgot that might be important to my license coming up as valid. I am a citizen of Kansas and have a Kansas driver's license. I am going to call the Missouri Dept of Revenue to see if they have any answers to the status of my license.
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Charles Shakehood - Fri, 31 May 2019 16:36:23 EST 5nDOwEe2 No.46410 Reply
So did you ever find out if he mispoke about your level? Like you have to be able to get that information in discovery, right?
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Nicholas Blytheman - Fri, 31 May 2019 18:23:38 EST QLfkBtvL No.46411 Reply
>>46410
This is what I'm thinking. I really think he did mess a lot up, lile he read my Miranda rights after I had already been arrested and blew into the breathalyzer which I think is wrong, and there was no 15 minute observational period. He pulled up my record and saw a possession charge I got 7 years ago (which is the only charge Ive ever had, which was expunged and I knew it) and was saying stuff to himself like "possession of hallucinogens in 2012!" as if he was trying to validate himself and his mistakes. It turns our my lawyer handled a case where his client was driving drunk and was involved in a fatal accident, and he got the case dropped. So I think Im safe lmao, but I'll definitely report back with everything the officer fucked up once I have all the proof and whatnot.

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