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DWI Arrest while Blowing 0.0

Posted on 3/6/14 at 12:07 pm
Posted by the808bass
The Lou
Member since Oct 2012
111496 posts
Posted on 3/6/14 at 12:07 pm
LINK

And LINK

My friend had the same exact thing happen to him after a Mizzou game. Spent the night in jail after "flunking" the field sobriety test because he has strabismus.

From the first article:

quote:

At the time, county prosecutors were dismissing about 30 percent of drunk driving cases – more than any major Texas county -- because they said APD was bringing them weak cases that wouldn’t hold up in court.

A Defenders review finds similar statistics for 2013. Of 5,648 new DWI cases filed last year, 1,559, a little less than 30 percent, were dismissed.


Has this happened to you or anyone you know?
Posted by Rebelgator
Pripyat Bridge
Member since Mar 2010
39543 posts
Posted on 3/6/14 at 12:07 pm to
Posted by NYCAuburn
TD Platinum Membership/SECr Sheriff
Member since Feb 2011
57002 posts
Posted on 3/6/14 at 12:08 pm to
did they say what caused the intoxication? you can blow a 0 and still be intoxicated or impaired
Posted by LSU1NSEC
Member since Sep 2007
17243 posts
Posted on 3/6/14 at 12:10 pm to
sounds like you're guilty until proven innocent over there
Posted by WhistlinDixie15
I make people sleepy
Member since Oct 2012
7781 posts
Posted on 3/6/14 at 12:12 pm to
You can't double gif... That's against the rules brah
Posted by the808bass
The Lou
Member since Oct 2012
111496 posts
Posted on 3/6/14 at 12:13 pm to
quote:

did they say what caused the intoxication? you can blow a 0 and still be intoxicated or impaired

There was no intoxication. So nothing caused it.
Posted by Rebelgator
Pripyat Bridge
Member since Mar 2010
39543 posts
Posted on 3/6/14 at 12:13 pm to
In one of this idiots threads? Nah. Rules don't apply.
Posted by the808bass
The Lou
Member since Oct 2012
111496 posts
Posted on 3/6/14 at 12:14 pm to
Sup jackboot?

At some point, you'll realize reasonable people can disagree with you and be reasonable. But you're still young.
Posted by blzr
Keeneland
Member since Mar 2011
30084 posts
Posted on 3/6/14 at 12:16 pm to
Cops are trash
Posted by WhistlinDixie15
I make people sleepy
Member since Oct 2012
7781 posts
Posted on 3/6/14 at 12:16 pm to
Wait so if rules don't apply then laws don't apply... If laws don't apply then Newtons laws of Physics don't apply... And if Newtons laws of Physics don't apply then I can run through this wall!!!!









frick no I can't
Posted by Rebelgator
Pripyat Bridge
Member since Mar 2010
39543 posts
Posted on 3/6/14 at 12:17 pm to
quote:

frick no I can't



Weak, bro. Run harder.
Posted by 3nOut
Central Texas, TX
Member since Jan 2013
28813 posts
Posted on 3/6/14 at 12:19 pm to
Austin's PD and city has been a bit gestapo as of late.

This incident.
They ran down a girl jogging and handcuffed her for not having ID while running.
Installed cameras all around 6th street to monitor activity.
A local burger chain was told for them to be able to remodel, they would have to install 1000s upon 1000s of $$$ worth of ridiculous city regulatory changes (smart car charger, C02 monitor for the coke machines, etc)
No refusal breathalizers during mardi gras.
An officer involved shooting had the post paperwork altered.


weird stuff.

This post was edited on 3/6/14 at 12:31 pm
Posted by Prof
Member since Jun 2013
42610 posts
Posted on 3/6/14 at 1:50 pm to
This can happen anywhere. The reason being most cops determine you're DUI BEFORE they pull you over -- sad but true.

At any rate, legally, many states don't require any proof (breath/blood tests etc) to declare you DUI. An officer saying you're DUI is enough legally and in many places (not all just many) that is all the court needs to put it on your record/find you guilty. What makes it worse is that field sobriety tests are designed to fail you whether you're drunk or sober -- they're totally up to the interpretation of the officer. Which leads us back to the first point... cops often determine you're DUI before pulling you over (maybe because you're going to fast or maybe because they don't like your car/think it's suspicious or any other number of reasons) which is why sober people can suddenly 'fail' field sobriety tests.

Luckily other states and some DAs require more proof if someone declared DUI by a field test challenges that assessment BUT part of what the justice system counts on is that a 1st time DUI is minor enough that most folks will simply pay and serve out whatever punishment because they can't afford the time and money required to fight it.

Just another reason why justice is rigged in the favor of those with enough $$$ to fight back rather than plead.
Posted by RoyalAir
Detroit
Member since Dec 2012
5875 posts
Posted on 3/6/14 at 2:01 pm to
The very thing happened to me. Spent the night in jail cos the cop thought I was DUI, even though I didn't blow anything at the station. Still thought I was intoxicated, so he took me to the hospital to have blood drawn. Still, jail.

Six months after I get my blood results back, and showing that I'm completely sober for this entire experience, the DA *still* wants me to plead guilty. DA point blank lets me know that she needs probation and alcohol counseling for her stats, even though I had nothing to drink.

You can thank the zealots at MADD for all of this shite.
Posted by the808bass
The Lou
Member since Oct 2012
111496 posts
Posted on 3/6/14 at 2:04 pm to
Thanks for sharing that.
Posted by the808bass
The Lou
Member since Oct 2012
111496 posts
Posted on 3/6/14 at 2:06 pm to
quote:

Just another reason why justice is rigged in the favor of those with enough $$$ to fight back rather than plead.


By the time it was over, my friend had spent over $1000 to a lawyer to make sure that the case was thrown out.
Posted by 3nOut
Central Texas, TX
Member since Jan 2013
28813 posts
Posted on 3/6/14 at 2:17 pm to
quote:

The very thing happened to me. Spent the night in jail cos the cop thought I was DUI, even though I didn't blow anything at the station. Still thought I was intoxicated, so he took me to the hospital to have blood drawn. Still, jail.

Six months after I get my blood results back, and showing that I'm completely sober for this entire experience, the DA *still* wants me to plead guilty. DA point blank lets me know that she needs probation and alcohol counseling for her stats, even though I had nothing to drink.

You can thank the zealots at MADD for all of this shite.


i got pulled over by a DPS agent one night and he gave me a field sobriety test and blow breathalyzer. I was 19 and had never drank before in my life. Officer found no reason to ticket me for DUI, so he gave me a citation for "Violating improved highway" which apparently means that my tires touched the shoulder paint.

I appealed to a judge and he said there was no such thing and that the DPS officer was a dick from the stand. Which was awesome.
Posted by trickydick12
college station
Member since Sep 2012
1671 posts
Posted on 3/6/14 at 4:35 pm to
I flunked the field test because I have some injuries that keep me from doing that and refused to do the balance act. They screamed at me saying I had to do what ever they say. I replied excuse me you're going to have to do better than that. I was arrested and after talking to the DA it was thrown out and I was refunded my bail money.
Posted by jchamil
Member since Nov 2009
16456 posts
Posted on 3/6/14 at 4:53 pm to
quote:

There was no intoxication. So nothing caused it


You sure your friend wasn't smoking weed? That could cause a failure of field sobriety tests with blowing 0.0.
Posted by Gladius Veritas
Fayetteville, Arkansas
Member since May 2012
13189 posts
Posted on 3/6/14 at 4:54 pm to
You can be arrested if the cop thinks you're intoxicated or impaired. Don't have to blow anything
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