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Main Page Need quick help with OUI question
(Click here to view the original thread on the MassCops Message Board)

Posted by: Unregistered

Last night being New Years eve I went to a party with some friends. I was sort of the designated driver because this was going to be a beer party and I only drink liquor.

Well as things would have it there was some liquor there, Jager, JD, and some vodka. I had a few tastes of this and that. Fast forward to about 2am I am on my way home and I get pulled over by a cop. He says that he witnessed me "roll though" a stop sign. After giving him my license and registration, he comes back and wants me to do a field sobriety test.
Now first off the cop did not say he suspicion of driving drunk, never mentioned alcohol, nothing like that. He pulled me over for going through a stop sign. So I think he ran my license then saw I had a previous OUI and decided to field test me, not because of any reason except that I had an OUI before. Am I right? Is that even legal? He's using my prior conviction against me for no reason.

Now I already have one OUI so I KNOW when I've been drinking and had to much. I learned that lesson the hard way a long time ago. So tonight I KNEW i wasn't drinking too much to drive. Two or three shots over the span of 5 hours is not enough to be drunk.
So I did like three tests, abc, walking 9 steps heel to toe, follow the pen. He then says I am operating under the influence and arrests me. Total BS I was not drunk!
I asked for a breath test but they said the machine was broken. If they are asked don't they have to give you a breath test? Is there any way I can get a blood test to prove I was not OUI at the time?

Posted by: SinePari

Step one, grow some cobbles and register here.

Step two, don't call an officer a liar on a pro-police website.

Step three, go to an attorney for help, not the internet.

Posted by: mikey742

Along with sine suggestions

One point for you being "drunk” and being under the influence are two different things. Being under the influence is less of a standard than you feeling drunk

Posted by: lofu

Along the same lines, has anyone seen those new PSA's that say "Buzzed Driving IS Drunk Driving?" Obviously this guy didn't.

Posted by: Sgt Jack

Quote:

Originally Posted by Unregistered

I asked for a breath test but they said the machine was broken. If they are asked don't they have to give you a breath test? Is there any way I can get a blood test to prove I was not OUI at the time?

No..we're under no obligation to give you a breath test if you demand one...and as far as blood goes it's already been way too long for blood to be drawn at this point in time anyway so no...nuff said

Posted by: kwflatbed

Call Duval

Posted by: justanotherparatrooper

....and so it begins

Posted by: tomcats

You asked for a test? They didn't offer you one? I find that hard to believe right there.If our intoxilizer is broken we go to another town. Soounds to me like they offered and you refused. Be truthful. Are you leaving anything out of your story?Alcohol afeects everyone differently. Maybe you assumed you weren't drunk, like many of us have done.You didn'y say how well or poorly you perfomed the fst. Did fail/pass. let's have the whole story and then, after you register, you might get some better responses. Although calling an officer a liar is probably not the way to go.

Posted by: rocksy1826

you knew you were the DD and you drank anyway. Away from the fact that you broke the law? You're a really lousy friend. You agreed to be DD so your friends would get home safely. You still drank. You let your friends down and put them in danger. If you were my friend? I'd be rip shit at you. Get some goddamn self-control.

If you're such a child (or such an irresponsible asshole) that you can't control your impulses around booze? Don't agree to DD. This whole incident says a lot about you as a person. Can you be trusted to do anything you tell your friends and loved ones? Are you ever there to back them up when you say you will be?

i hope you lose your license permanently so that I never have to pull your busted up body out of a car after you drunkenly wreck. While I still would do the best I could for you? I think I would have a hard time giving a crap about you as a patient.

my advice is to slam your cock in the car door next time you start to get into the drivers seat. that should slow you down a little.

...and possibly save the world from the misfortune of you procreating.

Posted by: justanotherparatrooper

Quote:

Originally Posted by rocksy1826

you knew you were the DD and you drank anyway. Away from the fact that you broke the law? You're a really lousy friend. You agreed to be DD so your friends would get home safely. You still drank. You let your friends down and put them in danger. If you were my friend? I'd be rip shit at you. Get some goddamn self-control.

my advice is to slam your cock in the car door next time you start to get into the drivers seat. that should slow you down a little

...and possibly save the world from the misfortune of you procreating.

dumbshit

good advice

Posted by: mr.anttrax

Quote:

Originally Posted by kwflatbed

Call Duval

Try his 1 800 number in a few days

Posted by: Andy0921

Posted by: dcorn18

You said you had 3 shots, if you didnt get to take the breathalizer and wanted to you would have failed and been arrested. The cop made the right decision good job on his part, .08 is the legal limit, im sure that 3 shots would have blown you a much higher amount. Get a good lawyer.

Posted by: rocksy1826

3 beers? I'm fine. 3 shots? gets me trashed. I don't know how it hits some of you guys though.

i thought the law changed so that now if you have ANY alcohol in your system and you operate a vehicle you can be charged with OUI due to the effect of alcohol being different on everyone due to different body sizes and chemistry?

if any one of my friends was dating a guy that behaved like Lushy McAlcoholic here? I'd have a LONG talk with them. Guys like you are one of the few reasons that cock-blocking is still a necessary art.

Posted by: justanotherparatrooper

beer, shot, glass of wine all have almost the same amount of alchohol...a shot just has less mass so its easier to down them, they take up less room in you stomach, the alchohol is less diluted so its absorbed faster...get drunk faster

Posted by: Andy0921

Lucky you just got arrested and didn't kill some innocent person...That officer could have saved someones life last night.
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Posted by: ROCK1122

back to the point---have fun when u actually get your license back. You will have to play the PBT game every time you start your car. Also, we (police) do not have to ask you if you have been drinking. Odor of alcohol is enough, not to mention those really red bloodshot, glassy eyes you probably had. I am sure you already know a decent lawer, since you have been through this already.

Posted by: 94c

Your missing the point Unregistered.

Since cops are forced to work New Year's they have to make the night enjoyable. So after roll call each guy tosses a hundred dollar bill into a pile at roll call. The cop with the most OUI's for the night collects the pot.

In all honesty, you probably just fed a cop family for a couple of weeks. Just see it as a donation of sorts to those who protect you while you get sloshed.

Posted by: Dr.Magoo

Unregistered,
#1 Remember one of the things to go when you are intoxicated is your perception.

Example: A 2 at 10 is a 10 at 2. Need I say more.

#2 Call me suspicious, but I think you are leaving out some of the facts of your "story" here.

Posted by: Pinkos307

Quote:

Originally Posted by Unregistered

Now...I KNOW when I've been drinking and had to much.

This must be common theme with drunk drivers. Have heard this myself a few times from people in the booking area.

Posted by: Mikey682

Alright, I've got an idea...

I think from now on that the standard blanket response for these type of clown questions should be: "Take it to Trial." That way we hopefully score the officer some court time.

Might as well try to help a brother/sister out while the muff is going all over the internet shitting on him.

Posted by: jacenlukesolo

Anyone find it funny that his friends elected him to be the designated driver, when he already had a prior OUI?

Posted by: Oscar32

You were the DD and decided to press your luck and risk it, guess what, you lost. Law enforcement is not required to give you a breath test because you request it. In this case, there was a valid reason, it was broken. The physical tests that are given as part of the field sobriety tests are based on the person being a .10 or higher, therefore, if you fail the tests, the officer has probable cause to believe that you are under the influence of alcohol and are above a .10. Once in the booking area, you should have been offered the actual breathalyzer test which is monitored and recorded by the Commonwealth, it is not the preliminary breath test that is offered roadside. It is different, and if you wanted to prove that you were not drunk, you should have blown in that machine. If you were under a .08 the OUI charge would have most likely been dropped and you would have moved to protective custody.
You Drink, You Drive, You Loose. You should know that 90/24 OUI 2nd

Posted by: Sniper

Rocksy take it easy............ LMAO

Posted by: NBC515

If you are arrested for OUI there will be a breath test offered to you at the station...even if the machine is broken the officer will then take you to the next town over for the test...So after hearing you BS story I am going to assume that you were offered the test at the station and refused...However I would fight the charges in court and file as many motions to dismiss that require the officer to testifiy$$$

Posted by: OutOfManyOne

Quote:

Originally Posted by tomcats

You asked for a test? They didn't offer you one? I find that hard to believe right there.If our intoxilizer is broken we go to another town. Soounds to me like they offered and you refused. Be truthful. Are you leaving anything out of your story?Alcohol afeects everyone differently. Maybe you assumed you weren't drunk, like many of us have done.You didn'y say how well or poorly you perfomed the fst. Did fail/pass. let's have the whole story and then, after you register, you might get some better responses. Although calling an officer a liar is probably not the way to go.

How could you not be asked to take the breathalyzer, unless you crashed and were transported to the hospital. It's part of the booking process, to document the OUI, you get two choices BLOW or REFUSE. Simple, you say no or yea and the BT machine has to be used either way to enter data in and my personal favorite, cut up your license in front of you.

Posted by: 94c

Quote:

Originally Posted by jacenlukesolo

Anyone find it funny that his friends elected him to be the designated driver, when he already had a prior OUI?

Nothing beats experience. Chances are they are not really his friends. They just needed someone to sacrifice.

Posted by: MM1799

You're hilarious.

Quote:

Well as things would have it there was some liquor there, Jager, JD, and some vodka. I had a few tastes of this and that.

It's called will power and responsiblity. Designated driver = stay the hell away.

Quote:

So I think he ran my license then saw I had a previous OUI and decided to field test me, not because of any reason except that I had an OUI before. Am I right? Is that even legal?

You were pulled over for something UNRELATED to OUI. The officer smelled alcohol, SFST was conducted. Result? You failed.

Quote:

tonight I KNEW i wasn't drinking too much to drive.

Really? Apparently, you do not. It's don't "drink and drive", not "don't drink too much and drive".

Quote:

Now I already have one OUI

Well, that will look real good when you face a judge.

I honestly tried to keep humor out of my response because I am dead serious.
Grow up and welcome to the real world. You are damn lucky you aren't looking at vehicular homicide.

Posted by: SUOKKO

What a Jackass!

Posted by: 209

THANK YOU ASSHOLE! For being the 1 Trillionth person to blame the Police for your actions. Guess what hes won Johnny..... FIVE THOUSAND DOLLARS IN COURT AND LEGAL FEES....Thats right folks FIVE THOUSAND DOLLARS AND LEGAL FEES!!!!=D>

Posted by: HELPMe

Ok, we have marlboro boy, caprice guy, licence plate guy, bunny man and now the drunk designated driver? Gill i think its time to make this a LE only site. Although humorous i dont want this website turning into a joke. I think that the unregistered option needs to go. However, i do like that this site is oriented towards a career portal and most of the members here are very knowledgable and helpful. I owe alot of my start in LE to this site and its members. I think that if citizens have a question about their citation tell them to go to the police station and request clarification or appeal it in the 20 day allotment period. Or go buy schefts MV law book and look it up yourself.

Posted by: 209

What about a " Ask a Cop a Stupid Question" Forum or "I just got a Ticket/Arrested Question" Forum. Keep the retards in one forum. Because we know no matter what you do they will make it onto this site.

Posted by: kmorrissey5

I think its funny he hasn't said anything since the first post...

Posted by: Opie

I Think he got the hint.

Posted by: kmorrissey5

I think when he said he was the DD he meant drunk driver

Posted by: New Hire

Quote:

Originally Posted by kmorrissey5

I think its funny he hasn't said anything since the first post...

I just logged on to see if he had replied....

Apparently not...

Posted by: lpwpd722

My question...Why would you be so stupid first of all to be DD and then drive your friends home after you have had shots? With friends like you who needs enemies. Your ability to drive WAS impaired. So stopped being in denial. If you think your innocent get a lawyer and stop boo hooing. Don't come to a LE website to try to find loopholes.

Posted by: Rock

Did this guy/girl actually think they were going to get a reponse like, "Wow, you got screwed! You should sue the cop, the city and the entire State!" This, of course, would have been followed by a list of how to beat FST's and the BT. F'n meatstick.

Posted by: BufordTJustice

plus

= Jail, fines, loss of license and a bus pass.

Posted by: Unregistered

Since none of you seem able to read I will ask my question in very simple terms.

Is it legal for a police officer to request a field sobriety test after just looking up my record on his computer. It took him 10 plus minutes to actually request that I do a field sobriety test after he looked up my record. I passed them, he says I didn't, then when I offered to take the breath test they said their machine was broken. I spoke with my lawyer and he said he'll have this tossed out in less than a week due to poor procedure.

So thank you all for your bullshit answers.

Posted by: rocksy1826

Quote:

Originally Posted by Unregistered

Since none of you seem able to read I will ask my question in very simple terms.

Is it legal for a police officer to request a field sobriety test after just looking up my record on his computer. It took him 10 plus minutes to actually request that I do a field sobriety test after he looked up my record. I passed them, he says I didn't, then when I offered to take the breath test they said their machine was broken. I spoke with my lawyer and he said he'll have this tossed out in less than a week due to poor procedure.

So thank you all for your bullshit answers.

you're an idiot.

do you really think that's why he did it? how do you know he wasn't verifying plates and such when he was on his computer? You don't know what he was doing back there.

You don't know for a fact that is why he did the sobriety test. You probably smelled like booze. 3 shots is enough to have the smell on you. Or you showed other signs of having been drinking.

you seem to want to think it is that you have a past conviction. you don't know it though.

bottom line? even if that was why? it doesn't change that you were drunk. I don't know if it's legal or illegal. ... i'm pretty sure it's perfectly legal, but YOU HAD BEEN DRINKING. so the officer was correct to do so. I highly doubt he would've done it if you had a past conviction and came off perfectly sober.

you don't have a leg to stand on here. seriously. shut the hell up and call a good lawyer.

Posted by: SOT

Nuts man nuts!

Posted by: kwflatbed

Quote:

Originally Posted by Unregistered

You are talking out of your ass, your lawer will make his days pay and so won't the
officer, cases are never over in a week.

Posted by: phuzz01

1. The officer can ask you to take FSTs for any reason, or no reason at all. You could have just said no.

2. Blowing a stop sign and stinking like booze probably contributed to his suspicion that you were drunk.

3. I seriously doubt that you know anything about field sobriety tests, or what constitutes passing or failing them. So how could you possibly say that you passed?

4. I've had plenty of DWI's where a breath test was not feasible at the time for any number of reasons. It is still entirely possible to get a conviction without it.

5. Drinking when you are the designated driver is not only stupid, it is extremely selfish. Your friends were counting on you NOT to drink, so that they did not have to worry about getting home in one piece.

Posted by: rocksy1826

he's just mad that nobody said "awww poor baby" and told him that the officer was wrong for busting him for an OUI he even admits to commiting.

Posted by: 4ransom

Here's my 2 cents...

Your a moron. You drove under the influence of alcohol (i don't care if it was only 3 shots, it's three to many to get behind the wheel according to massachuesttes law).
You put your passenger's lives and the general public out on the road that night in danger. Then you committ a moving violation ("rolling" through a stop sign). You take and flunk field sobriety tests, yet claim to have passed them after a trained proffesional tell you that you failed.

Instead of trying to get out of this on a technicality (which you won't), how about taking a serious look at what happened, and realize that the officer who took you off the streets may have actually saved your pathetic life and the lives of your passengers. This is not your first time, you obviously have a problem with alcohol and your ability to give up your keys when you have been drinking. There is no such thing as drinking just enough to drive or spreading the drinks out over time or anything. In the end, your judgement has been impaired.

To answer your question so you stop whining, rolling through a stop sign is a moving violation and therefore probable cause to conduct a field sobriety test. He does not have to explain this to you, he can just do it. If you didn't want to take them, then just say so, and he will arrest you based on probable cause, which would be the moving violation and the odor of alcohol emmitting from your person.

Quote:

So thank you all for your bullshit answers.

Bullshit questions get bullshit answers

Posted by: Andy0921

Posted by: lofu

Even if it gets thrown out its going to cost you a couple grand. Tough luck buddy!

Posted by: 94c

Quote:

Originally Posted by Unregistered

No Problem. By the way, know any good hemmoroid doctors? This itch is killing me.

Posted by: POPCOP

It's because of people like this that I deserve a pay raise each year....

Posted by: Unregistered

Thats OK, my lawyer isn't charging for any of the legal work as he is taking the whole thing, getting the dismissal and the lawsuit that follows on contingency.

Unlawful arrest, unlawful imprisonment, it's money in the bank for me.

Posted by: lofu

Liar!!!!! Please, please let us know how the "lawsuit" turns out.

Posted by: justanotherparatrooper

Christ, the shits rising in my room just from reading this ass wipes post! his lawyer was his cellmate.

Posted by: rocksy1826

Quote:

Originally Posted by Unregistered

Thats OK, my lawyer isn't charging for any of the legal work as he is taking the whole thing, getting the dismissal and the lawsuit that follows on contingency.

Unlawful arrest, unlawful imprisonment, it's money in the bank for me.

you have got to be one of the stupidest human beings i have ever had the displeasure of reading a rant by

you have no shot in hell. It's a little disturbing that a grown man can believe such obvious bullshit and is actually stupid enough to argue with police on here.

oh, and just a head's up? if you do actually want to win (like you actually would HAHAH) this? this whole thread isn't exactly helping you. You confessed to consuming alcohol. YOU ARE GUILTY BECAUSE OF THIS. You even confess to that!

kid, when you even admit to doing what you were charged with... how the hell can you believe you're innocent? you did it! you even admit it! you just don't like that you got caught and want to fight it like an idiot.

you admitted to your crime here. Go tell your crackpot lawyer that and see what his advice is about continuing to talk about how you actually did drink and drive and are hoping to skate on it because of... what? your charm? HAHAHAH

your attorney is your mom or dad, huh? and they think their little angel can do no wrong... especially when their little angel lies to them about the facts.

Posted by: justanotherparatrooper

your in shit now kid.... you pissed off the girl might be sticking you with an iv after your next accident, hope your vein dont roll

Posted by: OutOfManyOne

Quote:

Originally Posted by Unregistered

Hey retardo, first of all you have no attorney, you can't afford one and that is why you come here and take free advice. If you did have one, he would have told you that police are immune when they make an OUI arrest, yes immune, so even if you get locked up and blow a 0-0 at the PD, you get released, still no liability, because the officer had PC to lock your stupid ass up.

Posted by: UNCLE

What a joke... someone will be thankful for the court time!

Posted by: Killjoy

Quote:

That would really be funny, if it weren't so pathetic....I'll just chalk it up with the hundreds of death threats I've received and the thousands of threatened lawsuits. Kid, you're about as useful as a sneaker full of sh*t.

Posted by: mr.anttrax

I love this place!

Posted by: CHROMECOLT357

Hopefully for your sake, you dont have the same lawyer that you had on our LAST OUI. Trust me though, we all believe that you were sober that time too.

Posted by: 4ransom

Quote:

Originally Posted by rocksy1826

I love it when rocksy gets all upset...

Posted by: frapmpd24

Originally Posted by Unregistered
Now...I KNOW when I've been drinking and had to much.

Quote:

Originally Posted by Pinkos307

This must be common theme with drunk drivers. Have heard this myself a few times from people in the booking area.

Haven't we all heard that one. Ofcourse! Everyone knows when they have had to much to drink, fortunately the police can figure it out too... click click.

A pro-bono lawyer, case getting dismissed in a week, and law suit against an officer who would be acting in good faith and on probable cause??? Either the defense attorney is giving our friend Mr. Unregistered some false hope setting him up for some disappointment (and a huge bill) or he is not in Massachusetts. Because other than a guilty plea (or pleaing out quickly) the chances of an OUI being adjudicated in a swift manner in the Commonwealth is as likely as William Hung winning American Idol...

Posted by: POPCOP

How do you know that you passed the FST. Do you know all of the standardized clues to each test? Do you know which tests are scientific and which are not? Also, so what ,the Intox instrument was down so time was in your favor. By the way, your lawyer is a retard because if he was worth anything then he would probably tell you that no case is a sure win. Save your pennies and buy a Schwinn you're going to need it. Also, any of theses cops here can track your IP address on you computer and link it to your postings. How would it look if your postings made it into court. COPS have computer programs for this stuff. Ask your lawyer..

Posted by: Inspector

Oh Pop...You shouldn't have tipped out hand!!!

Posted by: Stevec

Man you guys are great!

Guy sack up and pay the consequences. Just like the commercial says, You drink and drive you loose! Either stay where you are for the night or get a REAL DD. Someone who isn't a complete moron. Someone you can trust not to drink and to drive you home safely. Someone who actually cares about your wellbeing. Someone that isn't anything like you because it is obvious you don't care about your friends wellbeing.

Posted by: EOW32783

Unless i'm mistaken, failing to "stop" at a stop sign is a cmvi, and one might suggest a indicator of impaired operation. Factor in the time of evening, a previous oui, and a motor vehicle infraction, and it sounds to me like there is reason to be suspicious. One need not be "drunk" to be convicted, only operating in a diminished capacity. Obviously you failed to observe, that you where in fact being observed by a police officer. I cant imagine that there where many other vehicles on the road in the early morning hours. It is the officers perogative to ask that you submit to field sobriety testing, his motivation is of no consequence and cant be proven. You even admit to in fact consuming alcohol, grow up and accept the consequences of your actions, stop looking for excuses, and technicalities to absolve you of your obvious guilt.

Posted by: Nightstalker

Have you seen this?
http://www.fnnc.org/drunk-driving.html

Posted by: justanotherparatrooper

God bless her but I d rather be dead than have to live in that much pain. Reminds me why I hate dwi/oui so much.

Posted by: lpwpd722

All I can say to the "dolt", man up and take your consequences.

Posted by: Stevec

I saw her on a talk show my girl was watching. What a shame.

Posted by: grunt02

ya well obviously you did not learn the hard way from your first OUI... you still drank and got behind the wheel. Also, everyone in this country knows that New Years Eve is the worst possible night to even try to pull it off there are going to be stops everywhere. Hopefully you learn your second time.... By the way kwflatbed- "call deval"..... i tip my hat to you buddy... i could not agree with you more. vbmenu_register("postmenu_148675", true);

Posted by: Foxy85

He got caught....He just needs to suck it up and deal with the consequences....

Posted by: Tackleberry22

I say ignore the idiot and move on. I'm surprised there were so many responses to this thread. The less inside information he has, the better. This was a ruse to see if he could acquire information to a "Get out of Jail Free" card. There are two options; you can challenge it or pay the fine.

Posted by: BufordTJustice

Well, why didn't you just ask your lawyer in the first place? Also congratulations on your lawyer getting you off. How much did it cost you?

Posted by: CivilServiceNO1Fan

Honestly, I believe the kid. I say kid because, more than likely, I am guessing under 21. 3 shots of 80 proof liquor, esp over 5 hours, will not raise your BAC high enough if you are a man of average stature. So I say to him, good luck in court! Please be sure to inform the judge that you were a good boy that night because you consumed only liquor, and not beer- A huge sacrifice on your part for the rest of the party! (Seriously, I have only heard that excuse as a joke before, and I read the beginning of your post as a joke!)And if you are pissed off about the oppressive OUI laws in the Commonwealth, perhaps you should consider moving to one of the states that requires OUI offenders to use bright yellow plates (which, I may be mistaken, but may be PC on their own). Also be sure that the intoxicated passengers testify that you had no signs of intoxication that officers are trained to spot.

My OUI knowledge may be a bit off though, LE experience from a different state.

Posted by: rocksy1826

to the original poster:

you are wasting our oxygen. go choke on a kitten

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