iPhone 4 Launch Road trip and Drinking Alcohol...Advice

[EstrlM3]

Thank you.

I love it when people try to pick apart the law to their advantage so they can get away with nonsense like this. Usually blows back up in their faces when they end up in jail and/or court. Even if you win the case in the end, your a looser for putting yourself in the position in the first place.

Stop giving this kid excuses to make a bad decision. He should know the worst case scenario, not what he could or could not argue in court after his trip is already ruined.

And OP, you think you're smart for posting this question? If you were really smart you wouldn't have needed to.

There is no law being picked apart. If you blow .00 even if you are underage and you have open containers that does not equate to DUI. Period. Yes other laws are being broken but there are absolutely no grounds for DUI.

If you and sexy beast are so firm on saying people get arrested for DUI for blowing .00 and passing a field sobriety test... simply post a link. show proof

 

[svalentine]

Is this a real thread?

 

[SexyBeast]

Here are some simple things I found in less than a minute through google:

http://www.avvo.com/legal-answers/can-i-be-charged-for-dwi-if-i-blow--06-157547.html

Also just because you were charged doesn't mean it won't get thrown out later in court. In this case, if you get a good lawyer, the court would probably dismiss the DUI as long as he pleads guilty to the open container and probably reckless driving (assuming all passengers in the vehicle weren't just drunk, but wasted). When an officer charges an offender they get charged for everything and most of it gets thrown out because the DA can only charge for the offenses that the officer lists in the Penal Code Declaration that is filled out at the jail when you are arrested. So for example, the officer would probably charge: DUI, open container, minor in possession of alcohol, minor under the influence, reckless driving. Not all of those would stand up in court. There is a difference between what you are charged with and convicted of. No one here said he would get "convicted" of DUI, just charged with it.

 

[Geckotek]

There is no law being picked apart. If you blow .00 even if you are underage and you have open containers that does not equate to DUI. Period. Yes other laws are being broken but there are absolutely no grounds for DUI.

If you and sexy beast are so firm on saying people get arrested for DUI for blowing .00 and passing a field sobriety test... simply post a link. show proof

That's what's so great. I don't have to. Night!

 

[125037]

Thank you.

I love it when people try to pick apart the law to their advantage so they can get away with nonsense like this. Usually blows back up in their faces when they end up in jail and/or court. Even if you win the case in the end, your a looser for putting yourself in the position in the first place.

Stop giving this kid excuses to make a bad decision. He should know the worst case scenario, not what he could or could not argue in court after his trip is already ruined.

Well first thanks for calling me a loser when you don't even freaking know me. And no I'm not going to report because I already got one person banned tonight and I feel bad enough, thought I shouldn't...

Anyway, since your a professional and all, please answer to this perfectly stated quote that @EstrlM3 posted a few minutes ago to the "Officer SexyBeast"

So you are a police officer and in your professional opinion, you would arrest a minor who blew .00 and attempt to charge them with DUI for simply having open containers?

I understand there are laws being broken for underage posession etc no one is arguing that fact.

"You have seen someone charged and slam dunked for DUI with field sobriety test pass and a breathalyzer result of .00"

 

[SexyBeast]

There is no law being picked apart. If you blow .00 even if you are underage and you have open containers that does not equate to DUI. Period. Yes other laws are being broken but there are absolutely no grounds for DUI.

If you and sexy beast are so firm on saying people get arrested for DUI for blowing .00 and passing a field sobriety test... simply post a link. show proof

A simple google search will show you that an officer can charge you with DUI even if you blow a 0 and pass a field sobriety test. He can charge you on the grounds that in his opinion you showed signs of being under the influence. There is almost no way that this would hold up in court, but it is possible to be charged. I've seen it done, however, I've never seen it hold up.

 

[Geckotek]

Well first thanks for calling me a loser when you don't even freaking know me. And no I'm not going to report because I already got one person banned tonight and I feel bad enough, thought I shouldn't...

Anyway, since your a professional and all, please answer to this perfectly stated quote that @EstrlM3 posted a few minutes ago to the "Officer SexyBeast"

I didn't call you a looser. I called some hypothetical person that puts themselves in that sitution a looser, but not as in they are "a looser" but as in they've lost time, money, etc... *(was going to state it that way, but got lazy...it's way past my bedtime. sleeping now)

 

[BForstall]

Well first thanks for calling me a loser when you don\'t even freaking know me. And no I\'m not going to report because I already got one person banned tonight and I feel bad enough, thought I shouldn\'t...

Anyway, since your a professional and all, please answer to this perfectly stated quote that @EstrlM3 posted a few minutes ago to the \"Officer SexyBeast\"

He was not referring to you when he said loser. He was referring to people who attempt to pick the law apart and slip through the cracks. The second part of his post referred to you..

 

[EstrlM3]

That's what's so great. I don't have to. Night!

You sir, are correct. Thank you for the lively discussion though It was fun.

@ SexyBeast

If you have never seen it hold up then why would you as a professional state that it is possible to be charged with DUI while blowing .00? That's completely extraneous. That's as good as saying it's possible to be charged with murder and be innocent. Anything is possible, probable for this to happen (not even close.) and if it does happen lawsuit.

Ill give you that it's possible i guess but its not following the law. As you conceeded when you say you have never seen it hold up.

 

[125037]

Is this a real thread?

Well you yourself are unecissarily posting and contributing nothing to it so I guess so... what would a thread be without posters like you?

Sorry that was kind of mean... mean, but true.

 

[SexyBeast]

So you are a police officer and in your professional opinion, you would arrest a minor who blew .00 and attempt to charge them with DUI for simply having open containers?

I understand there are laws being broken for underage posession etc no one is arguing that fact.

"You have seen someone charged and slam dunked for DUI with field sobriety test pass and a breathalyzer result of .00"

?

If I pulled this guy over in this situation, yes I would charge him with a DUI. I said it was a "slam dunk" because of the carelessness of the situation it would be easy to assume that the driver had been drinking. However, I do not believe that the DUI would hold up in court, but that's not my job to decide. You charge them and get what you can get.

 

[125037]

If I pulled this guy over in this situation, yes I would charge him with a DUI. I said it was a "slam dunk" because of the carelessness of the situation it would be easy to assume that the driver had been drinking. However, I do not believe that the DUI would hold up in court, but that's not my job to decide. You charge them and get what you can get.

Please remember this is all hypothetical but anyway... if you know it would (most likely) not hold up in court why would you even make it one of the charges? To me that makes no sense... I'll just talk to some of the officers at work this weekend and see what they say... I work in an ER so I see 'em all day and everybody there is friends so they won't care that I was considering it, I've drank with some of those cops anyway...

 

[EstrlM3]

I didn't call you a looser. I called some hypothetical person that puts themselves in that sitution a looser, but not as in they are "a looser" but as in they've lost time, money, etc... *(was going to state it that way, but got lazy...it's way past my bedtime. sleeping now)

you're supposed to be in bed

 

[EstrlM3]

If I pulled this guy over in this situation, yes I would charge him with a DUI. I said it was a "slam dunk" because of the carelessness of the situation it would be easy to assume that the driver had been drinking. However, I do not believe that the DUI would hold up in court, but that's not my job to decide. You charge them and get what you can get.

And what you get is a lawsuit for harassment for arresting someone who blew .00, breath does not smell, passed field sobriety test with flying colors, also further tested at the station their BAC from the blood test comes back .00

 

[BForstall]

Please remember this is all hypothetical but anyway... if you know it would (most likely) not hold up in court why would you even make it one of the charges? To me that makes no sense... I\'ll just talk to some of the officers at work this weekend and see what they say... I work in an ER so I see \'em all day and everybody there is friends so they won\'t care that I was considering it, I\'ve drank with some of those cops anyway...

I\'m curious as to why you\'d not just ask them....and only them.

 

[SexyBeast]

Please remember this is all hypothetical but anyway... if you know it would (most likely) not hold up in court why would you even make it one of the charges?

Because as an officer you are supposed to charge for everything that was and may have been committed. For example, if I pulled some one over and found 3 small bags of marijuana that totaled less then an ounce, I would charge them with "distribution" or intent to sell. Even though only anything over an ounce is punishable, the individual bags can be seen as intent to sell. Even if the offender did not intend to sell or distribute them in any way. Just like if you were to get pulled over. You may have not taken a sip nor intended to take a sip, but there is that small possibility that you could have, so I would have to charge you as such. It's then up to the DA to prove this. I would also write a report defending why I charged you with a DUI. Get it?

 

[125037]

I\'m curious as to why you\'d not just ask them....and only them.

I only work 3 12's a week... Sat, sun, and mon. So I won't work for a couple more days.

 

[BForstall]

Because as an officer you are supposed to charge for everything that was and may have been committed. For example, if I pulled some one over and found 3 small bags of marijuana that totaled less then an ounce, I would charge them with \"distribution\" or intent to sell. Even though only anything over an ounce is punishable, the individual bags can be seen as intent to sell. Even if the offender did not intend to sell or distribute them in any way. Just like if you were to get pulled over. You may have not taken a sip nor intended to take a sip, but there is that small possibility that you could have, so I would have to charge you as such. It\'s then up to the DA to prove this. I would also write a report defending why I charged you with a DUI. Get it?

I brought up the intent to sell thing before. I think it\'s related to this incident.

 

[SexyBeast]

And what you get is a lawsuit for harassment for arresting someone who blew .00, breath does not smell, passed field sobriety test with flying colors, also further tested at the station their BAC from the blood test comes back .00

Not at all. It's called being able to justify why you did what you did. If there were any other factors that lead me to believe that the driver was under the influence, I can justify it. Also incase you didn't know. I can arrest anyone and have then held for 48 hours WITHOUT CAUSE. And it's 100% LEGAL. I would however have to answer to my commanding officer, but I could do it.

 

[BForstall]

I only work 3 12\'s a week... Sat, sun, and mon. So I won\'t work for a couple more days.

Oh, ok....12 hour shifts

 

[EstrlM3]

Because as an officer you are supposed to charge for everything that was and may have been committed. For example, if I pulled some one over and found 3 small bags of marijuana that totaled less then an ounce, I would charge them with "distribution" or intent to sell. Even though only anything over an ounce is punishable, the individual bags can be seen as intent to sell. Even if the offender did not intend to sell or distribute them in any way. Just like if you were to get pulled over. You may have not taken a sip nor intended to take a sip, but there is that small possibility that you could have, so I would have to charge you as such. It's then up to the DA to prove this. I would also write a report defending why I charged you with a DUI. Get it?

Your report would say I think he may have sipped it or was intending to sip it but he blew .00 and passed field sobriety test but im charging him with DUI.

Really?

 

[EstrlM3]

Not at all. It's called being able to justify why you did what you did. If there were any other factors that lead me to believe that the driver was under the influence, I can justify it. Also incase you didn't know. I can arrest anyone and have then held for 48 hours WITHOUT CAUSE. And it's 100% LEGAL. I would however have to answer to my commanding officer, but I could do it.

It's not about what is possible for you to do, it's about what a reasonable person would do in your situation. If you having a bad day and you do something radical and arrest soemone for no reason yes it may be legal however when it gets investigated you as a police officer are in deep s^&t

you cant just go arrest someone without cause and have no reprcussion because it is technically legal.

Seriously speak as a professional..

your expertise adds no value to the discussion if your simply going to take a radical hypothetical viewpoint.

 

[SexyBeast]

Your report would say I think he may have sipped it or was intending to sip it but he blew .00 and passed field sobriety test but im charging him with DUI.

Really?

No, the report would state that under the circumstances, I felt that the driver may have consumed alcohol. Depending on the person, a full beer might not even register on a breathalizer.

 

[125037]

Because as an officer you are supposed to charge for everything that was and may have been committed. For example, if I pulled some one over and found 3 small bags of marijuana that totaled less then an ounce, I would charge them with "distribution" or intent to sell. Even though only anything over an ounce is punishable, the individual bags can be seen as intent to sell. Even if the offender did not intend to sell or distribute them in any way. Just like if you were to get pulled over. You may have not taken a sip nor intended to take a sip, but there is that small possibility that you could have, so I would have to charge you as such. It's then up to the DA to prove this. I would also write a report defending why I charged you with a DUI. Get it?

I MAY have committed every crime in the book... this is so confusing/ doesn't seem very concrete.

Depending on the person, a full beer might not even register on a breathalizer.

Which means you could arrest anyone you damn well please because even though I blow a 0.0... it's still possible I drank? I'm moving to another country...

 

[SexyBeast]

It's not about what is possible for you to do, it's about what a reasonable person would do in your situation. If you having a bad day and you do something radical and arrest soemone for no reason yes it may be legal however when it gets investigated you as a police officer are in deep s^&t

you cant just go arrest someone without cause and have no reprcussion because it is technically legal.

Seriously speak as a professional..

I said that I know I would be in deep water for doing it. Where do you come off saying I'm "not speaking professional". I was just responding to a question and I felt that little bit of information was relevant. Please show a little respect. Thanks.