Friend facing 3 to 6 months jail for WDI.. .Some questions...

[Paul88]

He had previous WDI and this time they got him after having 3 beers. He is facing mandatory 3 to 6 months in jail. There was no injured party and he was arrested. His attorney didn’t help much (what a surprise! ) I was thinking about contacting Richard Conforth to have fun with this one, or file Clyde’s paper work. Put them in default. Anyone had any experience with DWI and using common law default process? I will file some paper work on his behalf. Thank you for all your help.

[weishaupt1776]

Lawyerdude has a bunch of stuff on his site for DWI's

[Paul88]

Originally Posted by weishaupt1776

Lawyerdude has a bunch of stuff on his site for DWI's

Thank you, but I think we all know about lawyerdudes dealings with people and his scams. I will stay away from him.

thank you for the suggestion, I know you tried to help.

[weishaupt1776]

I'm not saying to employ his services, but check out the briefs

[wargamez102]

...I'd be telling my friend not to WDI anymore.

That will keep em' out of trouble.

Hope it' all work's out for ya!

[georgealexander]

...that is the question. Encountered a similar situation.

The jurisdictions may vary, but one would have little fear of taking a Breath-a-lizer having only consumed 3 beers.

I was told on good authority that hand held Breath-a-lizers often test a couple of points higher than 'the real thing' - full sized Breath-a-lizer.

Moral of the story, DO NOT take a side-of-the-road Breath-a-lizer test. Go 'downtown' and take a REAL test.

George Alexander

Originally Posted by Paul88

He had previous WDI and this time they got him after having 3 beers. He is facing mandatory 3 to 6 months in jail. There was no injured party and he was arrested. His attorney didn’t help much (what a surprise! ) I was thinking about contacting Richard Conforth to have fun with this one, or file Clyde’s paper work. Put them in default. Anyone had any experience with DWI and using common law default process? I will file some paper work on his behalf. Thank you for all your help.

[Shoonra]

I had not heard this about Breathalyzers ... but I believe that, everywhere, a driver is legally entitled to demand a second, more technically advanced, blood alcohol test - most likely an actual blood sample.

At the same time, every state has an implied consent law, which states that if you refuse the intoxication test offered by the cops your license is automatically revoked or suspended - even if you could have beaten the DUI charge. You would not even be allowed to delay the roadside test (on the pretext, for example, of waiting for your lawyer), that would be regarded as a refusal. These laws have been upheld all the way to the Supreme Court.

So my advice is do not refuse the roadside test but also insist immediately on having the second test.

[georgealexander]

I am not an attorney, but I can see some beaurocratic bumble keeping someone from a 'real' test until such a time as it would not be valid.

Take the handheld and then DEMAND a 'real' test,,....but the '3 beer' dude IS CURRENTLY FACING 3-6 months. Did he not call one of your colleagues immediately?

My post was meant for those members reading NOW.

"The jurisdictions may vary." One may have their license HELD until the matter is cleared up.

" even if you could have beaten the DUI charge." That doesn't sound very fair to me......

George Alexander

Originally Posted by Shoonra

I had not heard this about Breathalyzers ... but I believe that, everywhere, a driver is legally entitled to demand a second, more technically advanced, blood alcohol test - most likely an actual blood sample.

At the same time, every state has an implied consent law, which states that if you refuse the intoxication test offered by the cops your license is automatically revoked or suspended - even if you could have beaten the DUI charge. You would not even be allowed to delay the roadside test (on the pretext, for example, of waiting for your lawyer), that would be regarded as a refusal. These laws have been upheld all the way to the Supreme Court.

So my advice is do not refuse the roadside test but also insist immediately on having the second test.

[Sweed]

Here is the State of Washington, you can refuse roadside sobriety tests. Once arrested and taken to the police station, one cannot refuse a breathalyzer without automatic suspension of the Drivers License for 1 year.

Accepting the invitation to get out of your car and take a sobriety test only gives the police probable cause to arrest for driving while intoxicated.

Do not under any circumstances get out of your car.

[ezrhythm]

I read somewhere, I believe on this forum, that you can/should refuse ALL testing and that you will be able to maintain your DL.
Whoever posted such, please chime in.