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Started By
Message
2
Posted on 7/8/20 at 9:38 pm to Corkfather
Also, should I have been allowed to not take a field sobriety test? I wasn’t given an option, they just did it.
Posted on 7/8/20 at 9:39 pm to Corkfather
quote:
Probable cause does not substantiate guilt, evidence does.
Agree. But that is the basis of the arrest. If there is insufficient probable cause, the arrest is de facto tossed and you walk. That is how DUI/DWIs are defeated. There was not reason to initially start the process.
Posted on 7/8/20 at 9:39 pm to Corkfather
Serious response: I went to college with Trey Porter. He’s an attorney in the area specializing in DWI defense. No idea if he’s actually good or not, but I can say he’s a smart dude.
Link to his website:
LINK
Link to his website:
LINK
This post was edited on 7/8/20 at 9:42 pm
Posted on 7/8/20 at 9:40 pm to Tortious
The bail bondsman told me they have 2 years to file charges, he said a lot of the time they never get filed due to lack of evidence.
Posted on 7/8/20 at 9:42 pm to Corkfather
quote:
Also, should I have been allowed to not take a field sobriety test? I wasn’t given an option, they just did it.
No you fricked up somewhere and consented. You can just stand there and say no without even pleading the 5th - might take a beating but you unequivocally do not have to do it.
Posted on 7/8/20 at 9:44 pm to Corkfather
Gary Trickter
Posted on 7/8/20 at 9:47 pm to Corkfather
quote:
The bail bondsman told me they have 2 years to file charges, he said a lot of the time they never get filed due to lack of evidence.
He's is a dumbass. May be true for out of state licenses I guess, but it is easy to file charges and most DUIs, especially if they are misdemeanors which yours should be based on what you say, never go to trial. Assistant DA will file threaten trial, you plead to something, and then go from there. It boost their "conviction rate" without having to do trial. Most DAs do not want to prosecute DUIs given the resource constraints. For what it is worth, I am a personal friend of the current DA for Travis County and she has told me as much.
Posted on 7/8/20 at 9:47 pm to Tortious
I was never asked for consent to the field sobriety test. I’m very versed on consent and even denied consent to search my vehicle and reiterated that I intended to retain my 4th amendment rights. (They respected that one until after the arrest surprisingly)
Posted on 7/8/20 at 9:49 pm to Tortious
Well the Statute of Limitations on DUI in TX is 2 years and he said I might get a court date and might not. We’re talking a small town here.
And you say they don’t like to fight them but they’re gonna have to fight this one. I was fricking SOBER!
And you say they don’t like to fight them but they’re gonna have to fight this one. I was fricking SOBER!
This post was edited on 7/8/20 at 9:51 pm
Posted on 7/8/20 at 9:49 pm to Corkfather
The problem I have is your story doesn't make a lot of sense. Why would the cops just decide to talk you to jail on a Tuesday mid morning? It's not like it was a Friday night, there was reason for them to believe you were in some way impaired.
Secondly, if you were sober, why did you refuse all of the tests that would have cleared you. I get not wanting to take a field sobriety test on the road, but once you were arrested why didn't you just do the blood test to clear your name? Having a drug in your system that you are prescribed isn't a very good answer for refusing the blood test.
Were only getting your side of the story here which seems to be full of holes and coincidences that don't seem realistic.
Secondly, if you were sober, why did you refuse all of the tests that would have cleared you. I get not wanting to take a field sobriety test on the road, but once you were arrested why didn't you just do the blood test to clear your name? Having a drug in your system that you are prescribed isn't a very good answer for refusing the blood test.
Were only getting your side of the story here which seems to be full of holes and coincidences that don't seem realistic.
Posted on 7/8/20 at 9:49 pm to Corkfather
Come on dude you know better
Posted on 7/8/20 at 9:50 pm to Corkfather
quote:
If I had known this I would have given them the blood.
I get that. I understand being scared of incriminating yourself. I'm not here to badger you, just trying to slowly work through the science of how you ended up here. I can't prevent this one, but what I say may prevent a future one. Best of luck!
Posted on 7/8/20 at 9:51 pm to LegendInMyMind
This is gold!!!
Posted on 7/8/20 at 9:52 pm to Corkfather
(no message)
This post was edited on 10/18/21 at 3:58 pm
Posted on 7/8/20 at 9:52 pm to Corkfather
quote:
I was never asked for consent to the field sobriety test
Right. They don't ask it like that where you have to actually consent to waive your 4th Amendment rights for a search of your care. They do it much more subtle fashion - can I talk to you for a second, where you going/coming from, have you been drinking, hey would you mind coming over here for a moment, etc.? All of that is on tape and that is why they do it. All of that is basically consenting.
Posted on 7/8/20 at 9:52 pm to Corkfather
quote:
Also, I didn’t say no to the blood test, I simply asked to speak to legal counsel before doing so.
I’m confused about this part. Why did no attorney show up?
Posted on 7/8/20 at 9:54 pm to Mingo Was His NameO
quote:
Having a drug in your system that you are prescribed isn't a very good answer for refusing the blood test.
If it's a drug that can impair you it doesn't matter if you have a prescription for it. You'll still get the DUI.
Posted on 7/8/20 at 9:54 pm to Mingo Was His NameO
quote:
The problem I have is your story doesn't make a lot of sense. Why would the cops just decide to talk you to jail on a Tuesday mid morning? It's not like it was a Friday night, there was reason for them to believe you were in some way impaired.
A dude honked his train horn and scared the shite out of me, I swerved and someone called them saying I was driving erratically.
quote:
Secondly, if you were sober, why did you refuse all of the tests that would have cleared you. I get not wanting to take a field sobriety test on the road, but once you were arrested why didn't you just do the blood test to clear your name? Having a drug in your system that you are prescribed isn't a very good answer for refusing the blood test.
I take prescription medications (many people here know why) that I was afraid would show up on the blood test and be used as evidence of intoxication.
Posted on 7/8/20 at 9:54 pm to Chucktown_Badger
(no message)
This post was edited on 10/18/21 at 3:58 pm
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