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How stupid am I ? Advice?

How stupid am I ? Advice?

Old Oct 17th 2011, 7:19 pm
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Default How stupid am I ? Advice?

So there I was riding home after a recent motorcycle festival here and I was being tailgated by a car. Decided to pull over and let them by as it was a narrow road. Stopped the bike and put my foot out only to find no verge just a shallow ditch that the road dropped away into. My bike is super heavy, I couldn't hold it up and It fell over like a tree being cut down. So there I was on the side of the road feeling like a complete idiot and not able to get out from under the bike. After about 5 minutes a lady stops, panics and calls an ambulance. From there on both the police and firemen show up. I tell them I really just need help getting the bike upright but they insist I go to hospital and get looked at just in case. So there I am laying in a hospital bed awaiting x-ray when the policeman shows up again and wants a blood test because he suspects I've been drinking. Now I'd only had a couple of pints during the course of the evening but for some reason in my annoyed state I decided to refuse. So he arrested me, took my license, got me to sign a form and left me in the hospital bed.

So here I am now with a DWI charge hanging over my head. I firstly can't believe I was stupid enough to refuse the blood test as now they will throw the book at me. Secondly I accept I shouldn't have had a drink at all but these things happen at bike festivals. I had a completely clean license up until now, not even a speeding ticket after 12 years of living here. The charges I'm facing are serious, I mean not just losing my license but possible jail time. I had no idea this was even possible on a first offense.

Anyway, I just wondered if anyone here had any experience of this and could give me some advice? Apart from don't ever drink a thing and drive again.
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Old Oct 17th 2011, 7:32 pm
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Default Re: How stupid am I ? Advice?

Strongly advise getting a lawyer with experience with DUI's. Each state has different laws on the books so necessary to know your rights in this event. In most states denying the officer the right to test you either by breathalyzer or blood test can be considered an admission of guilt with the immediate suspension of your license. It will most likely end up in a court date, and that officer plus one other "witness" (medical assistance) will need to testify that you had either acknowledged drinking - or smelling alcohol on your breath to justify the officer's request for testing. Unfortunately you have made things a bit more challenging for yourself.
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Old Oct 17th 2011, 7:36 pm
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Default Re: How stupid am I ? Advice?

You got caught,and it is gonna be costly,on the bright side you didn't have personal/acident or property damage....a lawyer is gonna be expensive and they usually play the long game,which means contest the charges,perhaps the cop won't show,lab report go's missing etc....and you will probaly go to court often,another expense,time off work,parking fees etc...now,your gonna be upset,but don't rush into hasty decision,way your options,you will be bombaded with legal advice mail,this week..
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Old Oct 17th 2011, 7:51 pm
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Default Re: How stupid am I ? Advice?

Originally Posted by Tegwyn View Post
Strongly advise getting a lawyer with experience with DUI's. Each state has different laws on the books so necessary to know your rights in this event. In most states denying the officer the right to test you either by breathalyzer or blood test can be considered an admission of guilt with the immediate suspension of your license. It will most likely end up in a court date, and that officer plus one other "witness" (medical assistance) will need to testify that you had either acknowledged drinking - or smelling alcohol on your breath to justify the officer's request for testing. Unfortunately you have made things a bit more challenging for yourself.
Thanks for the advice. I appreciate any help I can get at present. It was a strange set of circumstances that led to this and I can't believe I'm in such a mess. I guess this will be a lesson for me, if a somewhat harsh one.
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Old Oct 17th 2011, 8:15 pm
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Default Re: How stupid am I ? Advice?

Honestly, since I doubt 'a couple of drinks over the course of the evening' (which sounds like two pints to me) is going to be enough to get you pished - the only mistake you made was pulling over to let the tailgating arsehole past you. You should have held your ground and let the arrogant f**k face stew in his own juices.
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Old Oct 17th 2011, 8:40 pm
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Default Re: How stupid am I ? Advice?

Originally Posted by SultanOfSwing View Post
Honestly, since I doubt 'a couple of drinks over the course of the evening' (which sounds like two pints to me) is going to be enough to get you pished - the only mistake you made was pulling over to let the tailgating arsehole past you. You should have held your ground and let the arrogant f**k face stew in his own juices.
Yes, I'm kicking myself. It was an old Honda Civic with a noisy exhaust. I wish I'd got the number plate. I have about $10,000 invested in this bike and I decided to be careful. Like I said, not making excuses though and I only have myself to blame for drinking anything at all.
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Old Oct 17th 2011, 8:45 pm
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Default Re: How stupid am I ? Advice?

Originally Posted by Chugabug View Post
Yes, I'm kicking myself. It was an old Honda Civic with a noisy exhaust. I wish I'd got the number plate. I have about $10,000 invested in this bike and I decided to be careful. Like I said, not making excuses though and I only have myself to blame for drinking anything at all.
Understood. I was giving you the benefit of the doubt on the drink since it sounded like you only had a few.
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Old Oct 17th 2011, 9:11 pm
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Default Re: How stupid am I ? Advice?

Originally Posted by SultanOfSwing View Post
Understood. I was giving you the benefit of the doubt on the drink since it sounded like you only had a few.
Thanks mate, I appreciate it. Unfortunately even though I didn't drink much, my bad choice of refusing the test will probably not play out well for me. Heck, if I read this myself and it involved someone else I'd be questioning that decision. It was the circumstances and me not thinking things through. Looks like I'll be paying dearly for it though.
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Old Oct 17th 2011, 9:14 pm
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Default Re: How stupid am I ? Advice?

Originally Posted by Chugabug View Post
Thanks mate, I appreciate it. Unfortunately even though I didn't drink much, my bad choice of refusing the test will probably not play out well for me. Heck, if I read this myself and it involved someone else I'd be questioning that decision. It was the circumstances and me not thinking things through. Looks like I'll be paying dearly for it though.
That is the shit one, since you would most likely have passed the test anyway. Having said that, it looks as if you were sent to hospital against your wishes, so maybe that might help you.

Can they give you a DUI if they can't prove beyond any resonable doubt that you were even pissed in the first place? That seems very wrong to me.
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Old Oct 17th 2011, 9:24 pm
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Default Re: How stupid am I ? Advice?

The "couple of pints" makes me a tad suspicious, if it was two, why not write "two"?

On Sultans "Can they give you a DUI if they can't prove beyond any reasonable doubt" I think this is where the refusal comes in looking bad; If everyone could refuse with no consequences, then everyone would refuse.
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Old Oct 17th 2011, 9:28 pm
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Default Re: How stupid am I ? Advice?

Originally Posted by SultanOfSwing View Post
Can they give you a DUI if they can't prove beyond any resonable doubt that you were even pissed in the first place? That seems very wrong to me.
That will depend on the judge. That is why he will need a good lawyer to defend his case. One can decline a breathalyzer as long as they insist on a blood test and that must be made very clear and repeated. By law, the officer then has to take you to a medical facility to draw blood for testing. Unfortunately that too can be mishandled if the police in question decides to ignore the request. A good friend of mine here is in the middle of this very mess because her son declined the breathalyzer but insisted on the blood test. The cop in question simply took him to jail instead. They are now fighting this in court and the incident happened about 6 months ago. He did get his license revoked for a year as that is demanded by law. A mess for them as they are supposed to be moving to Canada soon and who knows how this plays out for their immigration. Canada is much tougher than the US with this issue. If you research your state laws on DUI testing, it typically states that your license will be revoked as you have assumed guilt by declining the test. I think it may be a tough case to win.

Last edited by Tegwyn; Oct 17th 2011 at 9:34 pm.
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Old Oct 17th 2011, 9:29 pm
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Default Re: How stupid am I ? Advice?

Originally Posted by kimilseung View Post
The "couple of pints" makes me a tad suspicious, if it was two, why not write "two"?

On Sultans "Can they give you a DUI if they can't prove beyond any reasonable doubt" I think this is where the refusal comes in looking bad; If everyone could refuse with no consequences, then everyone would refuse.
A refusal itself doesn't constitute proof of drunkenness? Just playing devils advocate here - purely out of curiosity. There are a plethora of reasons why someone can fall off a motorcycle that don't require them to be pissed first.

The cynic in me believes that this is yet another revenue generation exercise by the pigs at the expense of the motorist. If you're pissed - then yes, you should have the book thrown at you, but even a peeler should have enough intelligence to know that you might be a slight wee bit annoyed if you'd fallen in a ditch and then dragged to a hospital for no good reason (which you'll have to pay for.)

I might have told him to kiss my arse too and I never drink when I'm driving. Would that, too have landed me with a DUI? F*** that - another reason I'm happy I've no interest in motorbikes I suppose. Can't fall off a car
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Old Oct 17th 2011, 9:38 pm
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Default Re: How stupid am I ? Advice?

Originally Posted by SultanOfSwing View Post
A refusal itself doesn't constitute proof of drunkenness? Just playing devils advocate here - purely out of curiosity. There are a plethora of reasons why someone can fall off a motorcycle that don't require them to be pissed first.

The cynic in me believes that this is yet another revenue generation exercise by the pigs at the expense of the motorist. If you're pissed - then yes, you should have the book thrown at you, but even a peeler should have enough intelligence to know that you might be a slight wee bit annoyed if you'd fallen in a ditch and then dragged to a hospital for no good reason (which you'll have to pay for.)

I might have told him to kiss my arse too and I never drink when I'm driving. Would that, too have landed me with a DUI? F*** that - another reason I'm happy I've no interest in motorbikes I suppose. Can't fall off a car
He fell off his bike...the officer probably could smell beer on his breath. I don't think it was unreasonable for the officer to question whether he was DUI or not.
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Old Oct 17th 2011, 9:41 pm
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Default Re: How stupid am I ? Advice?

Originally Posted by Chugabug View Post
and could give me some advice?
Seems to be plenty a good defense attorney could get their teeth in to. Did any of the medical professionals remark on your apparent intoxication? Did the fall result in concussion such that you were temporarily unable to understand the police officer's request? Did the hospital administer pain killers that resulted in you being temporarily unable to understand the police officer's request? Etc.
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Old Oct 17th 2011, 10:14 pm
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Default Re: How stupid am I ? Advice?

Originally Posted by SultanOfSwing View Post
A refusal itself doesn't constitute proof of drunkenness? Just playing devils advocate here - purely out of curiosity. There are a plethora of reasons why someone can fall off a motorcycle that don't require them to be pissed first.
A biker friend of mine once claimed that it was part of sod's/murphy's law that the only time he ever fell off his bike was when there were some cute ladies watching him. This also coincided with rare conjunctions of planets that mysteriously increased local gravitation to the point where he struggled to right his bike while said ladies watched and began to laugh.
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