Ferrari Mailing List: Re: Ferrari Digest: Matt Rolloff's DUI - any lawyers around?

[BRIGANDBAR (BRIGANDBAR]

I have to say that Scottie's "dissertation" on the issue is both excellent  
and directly on point. One more thing, remember that almost every police car  
conducting DUI/DWI enforcement specialized enforcement or even most regular  
patrol cars are equipped with both visual and voice recording equipment.  
Everything you say or do will probably not only be recorded, but unless  
exculpatory, will be shown at any trial or administrative hearing that you will 
 face.
 
Simple as that, don't do anything, don't say anything, and most importantly  
don't consent to anything that may not be in your best interests. In KY (and  
from what I understand, several other states as well), there are statutory  
provisions as for the time allotted for you to locate and consult with counsel  
in an effort to stall off, or to make a good faith effort to obtain competent  
legal advice before, taking the breath, blood or urine tests.  The MADD  
Mothers are getting as good as the "Patriot Act" enforcers at reducing any  
opportunity that you will have to protect yourself once coming into contact 
with  
law enforcement personnel.
 
As for Brian's comment about not being able to refuse a breathalyzer or  
blood test is not technically correct either. Despite the legal theory of  
implied 
consent (to such tests), you can refuse to take any test, breath, blood  or 
urine, it is just that there will be consequences independent of any of those  
resulting from the DUI/DWI arrest and trial as a result of such a refusal. One 
 might be prudent to consult with an attorney a priori if you should 
anticipate  the possibility of such law enforcement interaction. And, it is 
generally 
the  option of the arresting officer, dependent upon available resources, to 
decide  which of the three tests will be administered although I have heard of 
persons  successfully winning in court their right to refuse a blood test if 
they do  agree to submit to either urinalysis and/or a breathalyzer test if 
available.  Fear of hypodermic needs and or an obsessive fear of contracting 
HIV/AIDS or  Hepatitis C may allow you to prevail in such a partial refusal 
(pay 
particular  and diligent attention to the disclaimer below about this being 
legal advice, it  simply is not) but that can vary even within a given 
jurisdiction or judicial  district.
 
I have also heard of Ken's solution about swallowing an amount of liquor  
either in the presence of law enforcement or  civilian witnesses and have  even 
heard that if you have been drinking and are involved in an automobile  
accident some will recommend that you go to your trunk, pick up a bottle and  
then 
sit on the fender, hood, or even the curb and take a number of drinks, also  in 
the presence of such witnesses or other first responders, to "calm your  
nerves" after seeing the damage to your precious Ferrari (or other automobile). 
 I 
have no idea if this works or not.
 
Once arrested, your two best (and sometimes only) friends are a competent  
attorney experienced in trying DUI/DWI case and your right to a jury trial. 
That 
 is about it. Again, just as the "Patriot Act" zealots are so enthusiastic 
about  their new found ability to catch a governor with a prostitute as an 
adjunct to  actually making this country safer, the MADD Mothers and recipients 
of 
their  respective state's DUI/DWI enforcement award are equally enthusiastic 
about  making sure that a gainfully employed, responsible parent is caught up 
in  their widely cast web that was intended to get the old fashioned 0.15% BAC, 
 drunken driver net. I won't be long before. .001%BAC, or even using 
mouthwash  within 30 minutes of driving will be grounds for arrest and 
suspension of 
your  driver's license. I also enthusiastically support catching real 
terrorists and  threats to our nation's security, and the truly "drunken" 
driver, who 
is usually  too stupid to listen to the TV or radio before one of our holidays 
when they  announce the DUI/DWI checkpoint locations, but even this must be 
tempered with  concern for our Constitutional freedoms. 
 
I suspect that if we arrest and deport every single individual (and  
absolutely no exceptions, or even any provisions for obtaining such an 
exception  to 
this policy) that has ever entered this country illegally if  and while  they 
are still here, and permanently ban their legal entry/re-entry into the  United 
States, and search them diligently for their Tequila (or other  recreational 
substances) and confiscate all of their funds and possession,  selling the 
latter at public auction and directly allocate the revenue from  these seizures 
to counter-terrorism activities, except of course paying the  overhead of the 
Department of Homeland Security (gosh, I long for a rendition of  "Deutshland 
Uber Alles" each time I hear that cabinet position's name) we could  accomplish 
a significantly greater degree of National Security.
 
Dr. Steve  

1964 Rolls  Royce Silver Cloud III...........1975 Pontiac GV Conv.
1980 MB  450SL..................................1982 RR Corniche
1985 MB 280 GE  G-Wagen................. 1985 GMC Brigadier 20 Ton 
Winch/Wrecker
1988 Rolls  Royce Silver Spur................1990 Cadillac "Eagle" Hearse
1994 F-350  Powerstroke 4x4................1995 Ferrari 348 Spyder
1996 Bronco  ......................................2000 Lincoln Town Car
2004  Excursion...................................(+ Audrey's 2x MB's)
and  a
1976 Fire Truck...................................HAHN, WARNER &  SWASEY- 
DUPLEX 
DIVISION  HOWE  APPARTUS . MODEL #R400 FIRE  TRUCK w/a 100' Tower


Dr. Stephen B. Spies, CES,  CFI
Director, Forensic Sciences Laboratory
Explosives Engineering  Technologies

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