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DiverDiver

LEAGAL ADVICE for DUI

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Right, but you objected to a 20 year old having ANY amount of alcohol, even an amount that wouldn't cause him to be intoxicated. Your complaint didn't even consider if the kid was drunk. That part was irrelevant.



The kid blew a 0.06. He -was- under the influence.

Would you feel comfortable with a pilot flying your family that had just blew a 0.06?
quade -
The World's Most Boring Skydiver

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Would you feel comfortable with a pilot flying your family that had just blew a 0.06?



Clearly, pilots are held to different standards then drivers.

That said, I have absolutely no knowledge about what a .06 feels like. I do know that it is not against the law in any jurisdiction I've ever lived in, so I can only presume that it's acceptable.

_Am
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You put the fun in "funnel" - craichead.

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This is getting off topic, but which countries in particular? Canada definately is more reasonable, so was western Europe when I wandered there a few years ago, and I don't think its changed since.



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I was surprised to find out that France had a BAC limit of .08 when the princess died



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I don't know of any other country that bans booze until 21. That number seems entirely arbitrary and contrived.



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During the viet nam draft (pre lottery) we could get drafted at 18, kill and be killed. But in most states couldn't do Booze.:S

In the "Nam" at CRB in the NCO club hard liquor was kept in a seperate room resticted to folks over 21.:S

I served with a guy (4 yr's) who finally got legal just befor he got discharged.:o

My guess is the 21 yr old requirement is based on automobile accident stats. Lot's of yutes never make it out of high school.:|

But designated drivers do work:)



R.I.P.

_Am

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The kid blew a 0.06. He -was- under the influence.



What's your defenition?

Legal, or actual imparement?

I have seen lifetime alcoholics that we IMPARED while sober, but could function as well as you and I at a .08 or better.

The fact as Andyman pointed out is .06 is considered aceptable when you're 21 so what does a year's difference make?
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You're not as good as you think you are. Seriously.

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That said, I have absolutely no knowledge about what a .06 feels like.



Can you do anything that takes an amount of eye hand coordination? Juggle? Play catch with a baseball? Shoot some hoops?

Also, find something you can test your reaction times with. Maybe playing Halo or Quake.

Drink three 12 ounce beers in 1 hour and let me know if you do as well. That's roughly what 0.06 feels like.
quade -
The World's Most Boring Skydiver

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Sorry, new here to the forums, didn;t know my handle would be so close to someone else's



Not a problem. Might help if you signed a few of your posts with a first name. People get so used to seeing my handle that it threw them even though your posting satus still says newbie for now and you don't have an avatar like mine.

Funny thing is that my profile name is diverdriver all lower case. But I do sign things with my website www.DiverDriver.com. Ahhh well. Such is life.
Chris Schindler
www.diverdriver.com
ATP/D-19012
FB #4125

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like I said in another thread:

I'm buzzed after half a beer. After a whole beer, my BAC is still WAY below the legal limit, but there is no freakin' way I would get behind the wheel of a car. it just wouldn't be safe. I don't drink often at all, so alcohol affects me more, because I'm not used to it.

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If anyone ever gets the chance. At most police academies they look for volunteers to come in 1-2 times a year when the class lears about DUI/DWI and the breathalyzer.
They pick you up and take you to the class and they serve you yoru drink of choice. You drink however much you want and they give you a breathalyzer every hour adn have you do the "drunk test" so cadets can see what the signs are and how drunk people act and how people under the influence act.
It gives you a good chance to see what your reactions/personality is like at each level untill you are drunk according to US law.

1 guy blew a .11 and passed the test fine and drove aroudn the parkign lot in and out of a cone test and you would have never guessed this man was drining.

1 woman who was quite petite was only blowing a .05 and was not even aloowed near the car after failing the "drunk test" with flying colors.

Anyone interested should check it out with there local law enforcement.

By the time you read this you have already read it.

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Maybe playing Halo or Quake.



When I was in college we would play Quake regularly while drinking. Personally, I scored much better after a few. I don't think that means anything other then playing Quake is a crappy way to figure out how alcohol affects your ability to drive.

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Drink three 12 ounce beers in 1 hour and let me know if you do as well. That's roughly what 0.06 feels like.



That is not necesarily true. As a bigger guy those 3 beers will have a much reduced effect on me then someone smaller. As a skydiver, they'll have a much reduced effect on me then someone who doesn't drink every weekend.

Short of giving me a calibrated breathalizer to play with while I drink, there is no way to even guess what .06 feels like.

For a brief period a few years ago bars in Ontario tried putting coin operated breathalysers in bars. They were loads of fun to play with. It turned out they were horribly innacurate so they were gotten rid of. Sounds like a good idea if could have made them reliable.

_Am
__

You put the fun in "funnel" - craichead.

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The fact as Andyman pointed out is .06 is considered aceptable when you're 21 so what does a year's difference make?



0.08 is considered prima facie evidence that you're under the influence. In other words, there is no question whatsoever at that level.

In California, you can be found to be under the influence with a much lower BAC. Some people do react differently. By 0.08 -all- are considered to be under the influence. If you can't walk a straight line and blow a 0.06, you'll can still be DUI. You -might- be able to talk your way out of it, but then again, the arresting officer -might- be able to make things worse for you if you really were dangerous at that level.
quade -
The World's Most Boring Skydiver

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***What standard for suspicion do they typically train cops to look for? (I haven't studied the whole "reasonable articulable suspicion" standard in three years.)***

Easy ones are driving too slow, inability to maintain constant speed, and tunnel vision driving, where the driver has their hands locked at 10 and 2 and doen't look left or right or check their mirrors.

None of the things has to construct an actual moving violation. Big urban myth that they have to. The sum of the observations, coupled with the training and experience of the officer constructs reasonable suspicion.

Folks don't need to agree or disagree with this, it is simply the way it is.

I could pull you over for being a courteous driver, with the intention of giving you a coupon for a free turkey, and if you were drunk, the conviction would still stick.

Bless you lawyers, but they've conviced regular folks that the magic argument can get them out of anything.

You didn't say "abracadabra"! Ha! I Get Out Of Jail Free!

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I'll point out that I'm in favor of the limit for EVERYONE to be much lower. Somewhere between .00 and .04, still undecided. I am also in favor of increased penalties, and better education, as I am in favor of droping the legal drinking age to 18.
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You're not as good as you think you are. Seriously.

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A few cop friends of mine said all the windows rolled down at 2 am ia another way to spot em'.

Personaly I think the best clue is a bunch of morons BAing a police cruser as they drive by.

:ph34r:
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You're not as good as you think you are. Seriously.

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Another is the 3 strikes rule. If your car touches either the center line or edge line 3 times within 1 mile he could legally stop you. So even people drivign while they are tired shoudl be aware of this one. Tired...pull over and rest or switch drivers.

By the time you read this you have already read it.

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Ok I'm busted, soory, haven't any stats on other countries DUI BAC's, penalties etc. will have time later to look,, it's more my understanding tho that many places that have lower age limits for alcohol, and less problems with it in general, also carry stiffer penalties for DUI once caught, maybe some folks here can clarify it for us,,,
and ya it's a tolerance thing also, kid's at .06 will be more under the influence, many alcoholics will go into DT's if there BAC gets below 2.0 and will still be yelling at you with a 4.0! If a kid is not under the "influence" at .06, he probably already has a problem with it, IMHO. Thats what wake up calls are all about. I was a slow learner and glad I finally gave it up completely. The DOT considers anyone with special licenses, ie pilots, buses, cabbies, trains etc, + for alcohol at 0.02 in this state. That was news to me and learned it the hard way.

I'll have to catch up with this later, right now I have to go give a urine sample, hope your buddy does ok!



Natural Born FlyerZ.com

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Another is the 3 strikes rule. If your car touches either the center line or edge line 3 times within 1 mile he could legally stop you. So even people drivign while they are tired shoudl be aware of this one. Tired...pull over and rest or switch drivers.



Urban myth.

Seriously. Any reasonably articulate cop can legally stop you for "no reason". While you're putting taco sauce on your drive through. Looking for a CD in your visor. Lighting a cigarette looking down at the lighter. Initiating a turn just before you put on the blinker. Changing lanes without indicating.

It is impossible to not generate suspicion. Need to be paranoid? No. Lots of things generate reason to stop without constituting the need for a citation. I recently got pulled over driving down 5 for "no reason". The shiny new chippie just wanted to see if I was tired. No, sir. "How long you been driving tonight?" Two hours. "Take care" "Will do, laters"

Didn't even need to buzz him ;)

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Urban myth.



Not an Urban Myth. True we can pull anyone over for about anything now. But we are allowed to use that as a rule of thumb. As long as the car is clearly on the line and off 3 x within a given distance which we use 1 mile. I mean, the roads are wide enough, unless yoru car has some major alignment problems we can pull youover for suspected DUI.

By the time you read this you have already read it.

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Hi Diver Diver

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So you think I am the underage drinker slug? No, I am sorry to ruin the conspiracy you have going here but the person who was pulled over is my best friend, we have been through alot together.



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Nothing personal but this is the internet so we can be all we want to be. This chatroom had experienced some very strange stuff a couple of weeks ago.:( The thread has been removed so as far as you know it never happened.;)

I think it was responsiable for the thread "do we really exist" or something like that.



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Yes, maybe he should have called and have someone pick him up. But when he says he was driving normal, I believe him. As for the part that says use the having no reason for a stop as yoru defense. I will pass that along to him.



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I'm not a lawyer even on the net;). If he's got a lawyer he needs to take their advice



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Alot of City Police and Sheriff's in our area do that......it may be more difficult since it was a Trooper. Thanks to everyone that are givign advice and webistes......my friend will appericiate it



The local police started getting some heat on profiling certain ethnic groups for traffic stops. This resulted in a dramatic decrease in the stats.

After the dramatic decrease in profiling during traffic stops some of the ethnic minorities that were getting stopped looked at their paperwork and found out the police had made a mistake and checked off the caucasion box on the ticket/report:o

Let us know how you friend does in court.The last time the chatroom had a sob story the person rose from the dead.:o

So maybe your buddy will luck out,

R.I.P.

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Urban myth.



Not an Urban Myth. True we can pull anyone over for about anything now. But we are allowed to use that as a rule of thumb. As long as the car is clearly on the line and off 3 x within a given distance which we use 1 mile. I mean, the roads are wide enough, unless yoru car has some major alignment problems we can pull youover for suspected DUI.



What I'm talking about is the young person who will go into court demanding the case be thrown out because the officer did not articulate three offenses in the mandated one mile distance.

There are plenty of people who think they are allowed to traverse the lane marker (BOTTS dots) once per mile without created probable cause to stop.

There is not much that is more fun than a PC stop on somebody and them immediately demanding that you justify why. It's very easy to do. Or was when I was a cop in the previous century. ;)

Chocolate will screw up the breathalyzer is another cool one.

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the roads are wide enough, unless yoru car has some major alignment problems we can pull youover for suspected DUI.



Our training was different. If I observered erratic driving I would initiate a stop to check on the welfare of the driver, or simply with the intention to cite or warn for the lane limit violation. As I developed more specific articulatable facts to support my suspicion that the driver was intoxicated I would introduce them.

Here, the prosecutors frowned on us deciding the driver was drunk and then finding a shopping list of what we found out to support that.

I would start with a very simple traffic stop and let the driver prove he or she was drunk through their specific behavior.

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