How stupid am I ? Advice?
Oct 19th 2011, 10:12 pm
#46
Joined: Apr 2005
Location: Milwaukie, Oregon
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Re: How stupid am I ? Advice?
Can't be bothered to go and look at Arkansas law, but in most states there are a number of defences against this: reasonable suspicion or probable cause required, suitable notification of your rights, voluntary and knowing refusal, etc.
He needs an experienced and competent DUI lawyer.
He needs an experienced and competent DUI lawyer.
Oct 19th 2011, 10:45 pm
#47
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Joined: Jun 2008
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Re: How stupid am I ? Advice?
The dumb thing to do was the refusal. Unfortunately the consequences of a refusal can be more severe than a DWI. For a DWI, the judge can possibly be lenient on a first offense allowing you to drive to work while your license is suspended, reduce the time of suspension, and reduce the fine but judges and/or jurors don't seem to take kindly to a refusal and usually assume guilt.
Also I suspect both are considered much the same when it comes to the insurance companies.
Also I suspect both are considered much the same when it comes to the insurance companies.
Oct 20th 2011, 1:26 am
#48
Nuts and Bolts
Joined: Sep 2006
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Re: How stupid am I ? Advice?
The dumb thing to do was the refusal. Unfortunately the consequences of a refusal can be more severe than a DWI. For a DWI, the judge can possibly be lenient on a first offense allowing you to drive to work while your license is suspended, reduce the time of suspension, and reduce the fine but judges and/or jurors don't seem to take kindly to a refusal and usually assume guilt.
Also I suspect both are considered much the same when it comes to the insurance companies.
Also I suspect both are considered much the same when it comes to the insurance companies.
Funnily enough, there have been a lot of officers in my neck of the woods getting caught for driving under the influence, and that is not only alcohol. Suckers need some jail time for that one, especially since they use that badge on the community.
Oct 20th 2011, 3:35 am
#49
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Location: Arkansas
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Re: How stupid am I ? Advice?
On the issue of why he went to hospital and can you be forced to go....
The OP has not informed us much about how he was talked/coerced in to going.
I believe you can be forced to go, if it is deemed that you are in danger of self harm or incapacitated and unable to make a good decision for yourself; e.g. if you are mentally challenged or if you sustained a head injury. I think being drunk or assumed to be drunk would fall under this.
The OP has not informed us much about how he was talked/coerced in to going.
I believe you can be forced to go, if it is deemed that you are in danger of self harm or incapacitated and unable to make a good decision for yourself; e.g. if you are mentally challenged or if you sustained a head injury. I think being drunk or assumed to be drunk would fall under this.
Oct 20th 2011, 3:39 am
#50
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Re: How stupid am I ? Advice?
The Implied Consent Law in Arkansas
The implied consent law in Arkansas states that any person who operates a motor vehicle, by default, gives their consent to a blood, urine or breath test to determine if they are under the influence of alcohol or a controlled substance.
If you refuse to submit a chemical test of blood, breath or urine your license will automatically be suspended for 180 days on your first offense. You will also be denied the possibility of receiving an Ignition Interlock restricted license.
Seems just the mere refusal is a separate offense, as in the UK, and regardless of any test to prove you were not over the limit you still commit an offense.
The implied consent law in Arkansas states that any person who operates a motor vehicle, by default, gives their consent to a blood, urine or breath test to determine if they are under the influence of alcohol or a controlled substance.
If you refuse to submit a chemical test of blood, breath or urine your license will automatically be suspended for 180 days on your first offense. You will also be denied the possibility of receiving an Ignition Interlock restricted license.
Seems just the mere refusal is a separate offense, as in the UK, and regardless of any test to prove you were not over the limit you still commit an offense.
Oct 20th 2011, 4:29 pm
#51
Joined: Apr 2005
Location: Milwaukie, Oregon
Posts: 9,966
Re: How stupid am I ? Advice?
Well it's good to see the courts down there use discretion and don't have a one punishments fits all policy.
Oct 20th 2011, 6:27 pm
#53
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Joined: Aug 2004
Location: MA, USA
Posts: 92,170
Re: How stupid am I ? Advice?
Just one thought, if the OP isn't a USC, how might this get in the way of US immigration matters?
Presuming the not taking a breath test isn't a DUI offense, but something else and all that.
Presuming the not taking a breath test isn't a DUI offense, but something else and all that.
Oct 20th 2011, 7:17 pm
#54
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Oct 20th 2011, 7:18 pm
#55
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Re: How stupid am I ? Advice?
Good thought, but thankfully completed all that last year.
Oct 20th 2011, 8:41 pm
#57
Joined: Mar 2003
Posts: 68,280
Re: How stupid am I ? Advice?
why is everybody making excuses ... he was a drunk driver with the bullshit of just two officer ... I would ban you from driving and give you 5 years
then deport you
then deport you
Oct 20th 2011, 8:53 pm
#58
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Oct 20th 2011, 8:56 pm
#59
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Oct 21st 2011, 1:57 pm
#60
Life goes on.
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Re: How stupid am I ? Advice?