- My Forums
- Tiger Rant
- LSU Recruiting
- SEC Rant
- Saints Talk
- Pelicans Talk
- More Sports Board
- Fantasy Sports
- Golf Board
- Soccer Board
- O-T Lounge
- Tech Board
- Home/Garden Board
- Outdoor Board
- Health/Fitness Board
- Movie/TV Board
- Book Board
- Music Board
- Political Talk
- Money Talk
- Fark Board
- Gaming Board
- Travel Board
- Food/Drink Board
- Ticket Exchange
- TD Help Board
Customize My Forums- View All Forums
- Show Left Links
- Topic Sort Options
- Trending Topics
- Recent Topics
- Active Topics
Started By
Message
re: COPs on DwI giving bs eye test
Posted on 4/30/18 at 9:23 am to Pico de Gallo
Posted on 4/30/18 at 9:23 am to Pico de Gallo
it's a bullshite test. They use it to see if you are drunk or high, yet the test isn't admissible in court.
1
Posted on 4/30/18 at 9:23 am to Duckhammer_77
quote:This guy gets it. IIRC, you only have a couple of days to a week to appeal the suspension. People usually dick around and don't have a lawyer or get one quickly enough to appeal it
You can appeal the license suspension
Posted on 4/30/18 at 9:39 am to Napoleon
quote:
the test isn't admissible in court
Why do y'all keep saying this?
Posted on 4/30/18 at 9:42 am to JamesLang
People are retarded. Anything you do from the time the cop first sees you goes to court. It's called evidence
Posted on 4/30/18 at 9:49 am to Hammertime
They would rather rely on urban legend and legal consul from bar-room lawyers. It is the OT way.
Posted on 4/30/18 at 9:53 am to dwr353
I'm no lawyer, but I definitely know what goes on before, during, and after a DWI
Posted on 5/2/18 at 12:28 am to Hammertime
Ok, it's admissible, but it's results aren't accepted as damning like a breathalyzer or standard field sobriety.
Posted on 5/2/18 at 12:56 am to Hammertime
quote:
You can appeal the license suspension
Yes you can- but appealing the license suspension means “suing” DPS and takes place in civil court. The state’s burden for probable cause is lower than in criminal court.
Posted on 5/2/18 at 3:12 am to starsandstripes
quote:
Don't ever do those tests. Make them pull blood
If you know you will fail, do not submit to taking the test.
Posted on 5/2/18 at 4:18 am to thelawnwranglers
I had a cop give me the eye test one night on the interstate- I had been drinking but I had stopped in plenty of time to drive. I passed but it still scared the crap out of me. It’s pretty intimidating
Posted on 5/2/18 at 8:30 am to TchoupitoulasTiger
I haven't gotten one in 8 years, but before then, your attorney could absolutely go and appeal the license suspension. It has to be done before they get the chance to formally suspend it (< 1 week). It does not take place in civil court.
I never lost my license or had a hardship license for any of mine
I never lost my license or had a hardship license for any of mine
Posted on 5/2/18 at 8:34 am to TchoupitoulasTiger
Those license suspensions are overturned all of the time. It's a nice scare tactic for MADD and message board posters, though
Posted on 5/2/18 at 9:19 am to NIH
quote:
Those license suspensions are overturned all of the time.
No they aren't. When you appeal the suspension it is assigned to an administrative law judge at the Division of Administrative Law. The ALJs uphold over 80% of the suspensions.
This post was edited on 5/2/18 at 9:21 am
Posted on 5/2/18 at 9:24 am to JamesLang
quote:
The ALJs uphold over 80% of the suspensions.
Given the number of license suspensions for DUI, 20% is probably a pretty significant number.
Posted on 5/2/18 at 9:28 am to UpToPar
He pulled that number out of his arse, and further, you can apply for a hardship license after a certain period of time given that you are in school or gainfully employed. No lawyer would tell you to blow and risk certain DUI over facing a goddamn license suspension.
Posted on 5/2/18 at 9:42 am to NIH
It's like a thief giving cops a cell phone video of himself stealing shite. Why give the police evidence against yourself if you don't have to?
Like I said earlier, I've never lost my license. Just have a lawyer ready to go
Like I said earlier, I've never lost my license. Just have a lawyer ready to go
Posted on 5/2/18 at 9:43 am to Hammertime
quote:
I haven't gotten one in 8 years, but before then, your attorney could absolutely go and appeal the license suspension. It has to be done before they get the chance to formally suspend it (< 1 week). It does not take place in civil court. I never lost my license or had a hardship license for any of mine
This. But first you have an administrative hearing and then you have so long to appeal if the judge goes against your lawyers argument to keep your license. I appealed mine and never had mine suspended. My lawyers provided(emailed) a temp permit every 4 months until is was over with.
Posted on 5/2/18 at 6:39 pm to Howyouluhdat
quote:
My lawyers provided(emailed) a temp permit every 4 months until is was over with.
Advice - go the next day after being in the clink and get a replacement license. The license isn't actually suspended until statutory delay (30 days, 40, etc.) from revocation for failure to blow and then not during the pendency of hearing. It will issue and you will have a real license and don't have to use paper until the time is up or you lose hearing/appeals.
Page 3 of 3
Popular
Back to top
Follow TigerDroppings for LSU Football News