Pinellas County Deputy charged with BUI
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Originally Posted by Troutly
Battle Cry....before you go posting that stuff, you might want to list the state(s) that 'advice' applies to
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In Minnesota it is a crime to refuse to test. And, it is a more serious crime to refuse then test, unless you are .20+, then it is the same. Revocation period is longer, too (in most circumstances).
All that needs to be proven is there was probable cause to arrest for DWI and you did not test. Pretty much a slam dunk. I love it when people refuse
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Troutmaster: I totally agree. In many states, the "refusal" is worse than the DUI offense. And don't even think that by refusing you're going to get off the DUI charge. I'd estimate 95% or better judges are going to put two strikes against you as soon as they realize you refused the sobriety test. I seriously doubt that 2% of people who refuse the test get off. So the other 98% now have two "drunk" related incidents on their record.
Bottom Line: K.I.S.S......DON'T DRIVE DRUNK
It doesn't get much easier than that.......
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The Pinellas County Sheriff's Department is absolutely incensed over this incident. Saw two different interviews on the eleven pm news broadcasts last night and they are going to make a severe example out of him if their investigation proves that he was BUI, which at this point seems certain.
They not only seemed embarassed by it, but just totally pissed off that a 21 year veteren of the force would screw up that badly.
According to one spokesperson, on top of everything else, the guy could end up losing his pension.
They not only seemed embarassed by it, but just totally pissed off that a 21 year veteren of the force would screw up that badly.
According to one spokesperson, on top of everything else, the guy could end up losing his pension.
Last edited by Formula Outlaw; 02-08-2005 at 07:11 AM.
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It's never pretty nor comes off your record...ever. Blow, not blow doesn't really matter here I don't think. You test high your screwed, you don't blow, it's an automatic year suspension (on top of what the court may decide to give you). As soon as your pulled over if you've been drinking... bye, bye. That's why they take your license on the spot. That's the law and if you break it be prepared to pay the penalty.
There has also been a serious crackdown on law enforcement types, politicians, judges etc that were historically immune to being prosecuted for DUI. Recently a state supreme court judge was charged...whether they pass the laws or enforce them, they should be held accountable to the same measures as John Q public. (By the way she didn't blow either).
The guy seriously boned up but to take the guys career, pension etc...hmmm. The punishment should fit the crime and a jury should decide that IMHO. Politicians riding a legislatural bandwagon of get tough sentencing have seriously impeded the judicial process and as such, this dude is already dead meat. They will be salivating over how they can demonstrate " being tough on crime" by frying this dude.
I hope the boy doesn't have a pending ex-wife who's relatives are big in MADD
been there done that...you have no idea what they can do to you if they want.
There has also been a serious crackdown on law enforcement types, politicians, judges etc that were historically immune to being prosecuted for DUI. Recently a state supreme court judge was charged...whether they pass the laws or enforce them, they should be held accountable to the same measures as John Q public. (By the way she didn't blow either).
The guy seriously boned up but to take the guys career, pension etc...hmmm. The punishment should fit the crime and a jury should decide that IMHO. Politicians riding a legislatural bandwagon of get tough sentencing have seriously impeded the judicial process and as such, this dude is already dead meat. They will be salivating over how they can demonstrate " being tough on crime" by frying this dude.
I hope the boy doesn't have a pending ex-wife who's relatives are big in MADD
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Cuda, I have a place in that area. Refresh me on the location of Blind pass. From the pics, It looks like the docks right by the causeway by TeirraVerda heading towards the Don Cesar just before the toll booth
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I have a question ...
Since NO license is required to drive a boat, why would his automobile driver's license be suspended or affected by his boating mishap? If you were flying an airplane (FUI)? If you were riding a bicycle (DUI) would you be in the same situation? If you were walking home drunk? Where is the line that allows them to attach to your automobile driver's license for a non-automobile related mishap?? Just curious.
Since NO license is required to drive a boat, why would his automobile driver's license be suspended or affected by his boating mishap? If you were flying an airplane (FUI)? If you were riding a bicycle (DUI) would you be in the same situation? If you were walking home drunk? Where is the line that allows them to attach to your automobile driver's license for a non-automobile related mishap?? Just curious.
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Not that I'm an expert, but my $.02. I have some law enforcement in my family and few lawyer friends. At least I think there my freinds.
I have been told that if you feel you can pass the breath test, than do take it. If not, just tell the officer that you decline his request, and don't do another thing. Do this before anything else! Do not do the roadside test or any other dexterity test. This leaves the only items against you, the officer, and what he observed before he stopped you. BTW, I do not encourage anyone to drink and drive or drink and boat.
Tony.
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Tony.
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Originally Posted by Troutly
Battle Cry....before you go posting that stuff, you might want to list the state(s) that 'advice' applies to
![Wink](/forums/images/smilies/wink.gif)
In Minnesota it is a crime to refuse to test. And, it is a more serious crime to refuse then test, unless you are .20+, then it is the same. Revocation period is longer, too (in most circumstances).
All that needs to be proven is there was probable cause to arrest for DWI and you did not test. Pretty much a slam dunk. I love it when people refuse
![Big Grin](/forums/images/smilies/biggrin.gif)
In Michigan, you have the right to go before the state board to get your license back after refusing the breathalayzer. It is often reinstated - depending on how much you pay your lawyer.
Good lawyers will try cases when the accused did not take the breathalayzer. If you take the breathalayzer you're gonna have to plead to something.
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Here in Florida, a refusal gets you an automatic one year suspension, whereas a first time Dui only gets you six months. Don't ask how I know.
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I got popped back in 95. I refused to blow, but what did me in was the video. My lawyer said we'll do this and that. He got the video the day before I went to court. He met me outside the courtroom and told me we had better dump this puppy. I was pissed! He could have told me that $1500 earlier. The fact of the matter is that getting that Dui was probably the best thing that happened to me in the long run. The State of Florida made a believer out of me, and I haven't driven drunk since then. It was better to learn the lesson that way, than to end up killing someone while driving drunk, and I used to do it all the time. Luckily, I LIVED and learned. Some people aren't so lucky.
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Originally Posted by L9X25
The report claimed it was a 26ft boat with 13 people aboard! Thirteen!
They also said that he may have been racing a "Cigarette" style boat that immediately fled the area ...
Where was Cig Daze???![Evil](/forums/images/smilies/evilB.gif)
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They also said that he may have been racing a "Cigarette" style boat that immediately fled the area ...
Where was Cig Daze???
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![EEK!](/forums/images/smilies/eek.gif)