Members mike moriarty Posted July 12, 2010 Members Share Posted July 12, 2010 So I got pulled over the other night for drinking and driving. They took me out of the car and performed a sobriety test, which I failed pretty badly. After the sobriety test they asked me to take a Breathalyzer test, which I refused. After I refused it I was immediately arrested, spent the night in jail and got my license suspended for 6 months (for refusing the Breathalyzer). After we got to the station I was pretty irate (swearing, attitude etc.), which is all on tape apparently, along with another sobriety test, again, failed pretty badly. In fear of losing my job for having a criminal record I intend to fight it, although Im pretty sure Im {censored}ed. This lawyer is going to cost around 5 grand, which may or may not be a complete waste of money, Im probably going to lose my job, and I have no {censored}ing license. Just wondering if anybody whos been through a similar experience has any tips, advice, etc. Should I even bother fighting it? Link to comment Share on other sites More sharing options...
Members Shenaniganizer Posted July 12, 2010 Members Share Posted July 12, 2010 You're a stupid mother{censored}er for drinking and driving. Link to comment Share on other sites More sharing options...
Members mike moriarty Posted July 12, 2010 Author Members Share Posted July 12, 2010 I wasnt drunk you {censored}ing {censored}. I had just woken up, got in a fight with a girl Im seeing and was completely {censored}ing pissed. It was 4 in the morning. I did not fail the sobriety test because I was drunk, I failed it because I was tired and those {censored}ing tests are hard....sober or not. Link to comment Share on other sites More sharing options...
Members missingastring Posted July 12, 2010 Members Share Posted July 12, 2010 You're a stupid mother{censored}er for drinking and driving. This. I've lost people close to me from that {censored}. Link to comment Share on other sites More sharing options...
Members Shenaniganizer Posted July 12, 2010 Members Share Posted July 12, 2010 THEN WHY'D YOU FAIL THE SOBRIETY TEST AND REFUSE THE BREATHALYZER?! You would've said the same thing I said, moodafooka. If you WERE drunk, then, you deserve every bit of punishment. If you really WEREN'T, then, you'd better have a damn good reason to present to your lawyer pertaining to why you failed the sobriety test and refused the breathalyzer. Link to comment Share on other sites More sharing options...
Members Snowcow Posted July 12, 2010 Members Share Posted July 12, 2010 I wasnt drunk you {censored}ing {censored}. So, why refuse the test then Link to comment Share on other sites More sharing options...
Members missingastring Posted July 12, 2010 Members Share Posted July 12, 2010 If you weren't drunk, then get the lawyer. Fight it. Refusing the breathalyzer and failing two tests is gonna be hard to beat. Link to comment Share on other sites More sharing options...
Members mike moriarty Posted July 12, 2010 Author Members Share Posted July 12, 2010 So, why refuse the test then Because those tests are not 100% reliable and I wanted nothing at all that could possibly jeopardize my job. Link to comment Share on other sites More sharing options...
Members Snowcow Posted July 12, 2010 Members Share Posted July 12, 2010 Because those tests are not 100% reliable and I wanted nothing at all that could possibly jeopardize my job. So, you hadn't been drinking at all? Link to comment Share on other sites More sharing options...
Members Shenaniganizer Posted July 12, 2010 Members Share Posted July 12, 2010 You didn't think that refusing the test would've made things worse, after you just failed a sobriety test? Link to comment Share on other sites More sharing options...
Members mike moriarty Posted July 12, 2010 Author Members Share Posted July 12, 2010 So, you hadn't been drinking at all? I was not drunk. Link to comment Share on other sites More sharing options...
Members missingastring Posted July 12, 2010 Members Share Posted July 12, 2010 I was not drunk. But you were drinking? Link to comment Share on other sites More sharing options...
Members mike moriarty Posted July 12, 2010 Author Members Share Posted July 12, 2010 You didn't think that refusing the test would've made things worse, after you just failed a sobriety test? I wasnt thinking very clearly. Like I said it was the middle of the night, I was completely pissed due to the fight with this girl and being harassed by five police officers. I was not aware that refusing a Breathalyzer test would result in an automatic suspension of my license, which should have been made clear to me by the cops. If I had known that I would have taken the test. Link to comment Share on other sites More sharing options...
Members -Juggernaut- Posted July 12, 2010 Members Share Posted July 12, 2010 so how many drinks had you had? Link to comment Share on other sites More sharing options...
Members mike moriarty Posted July 12, 2010 Author Members Share Posted July 12, 2010 None. Link to comment Share on other sites More sharing options...
Members missingastring Posted July 12, 2010 Members Share Posted July 12, 2010 I wasnt thinking very clearly. Like I said it was the middle of the night, I was completely pissed due to the fight with this girl and being harassed by five police officers. I was not aware that refusing a Breathalyzer test would result in an automatic suspension of my license, which should have been made clear to me by the cops. If I had known that I would have taken the test. Can you get an affidavit from the girl stating that you were just with her and you hadn't been drinking? THat might help your case. Link to comment Share on other sites More sharing options...
Members DeadNight Warrior Posted July 12, 2010 Members Share Posted July 12, 2010 You're a stupid mother{censored}er Link to comment Share on other sites More sharing options...
Members mike moriarty Posted July 12, 2010 Author Members Share Posted July 12, 2010 Can you get an affidavit from the girl stating that you were just with her and you hadn't been drinking? THat might help your case. I really dont think so. She hates my {censored}ing guts. Link to comment Share on other sites More sharing options...
Members thinkpad20 Posted July 12, 2010 Members Share Posted July 12, 2010 Because those tests are not 100% reliable and I wanted nothing at all that could possibly jeopardize my job. Clearly that worked out great. Link to comment Share on other sites More sharing options...
Members mike moriarty Posted July 12, 2010 Author Members Share Posted July 12, 2010 Clearly that worked out great. I have my job until Im found guilty Link to comment Share on other sites More sharing options...
Members thinkpad20 Posted July 12, 2010 Members Share Posted July 12, 2010 BTW, any rational person reading your OP would immediately assume you had been drinking, so I can only imagine how convincing you were to the officers. Link to comment Share on other sites More sharing options...
Members missingastring Posted July 12, 2010 Members Share Posted July 12, 2010 "Swearing and attitude" will be your biggest obstacle. The word of an officer carries a lot of weight. If he decides to say you smelled of alcohol in court cause you pissed him off... you're {censored}ed. Link to comment Share on other sites More sharing options...
Members Snowcow Posted July 12, 2010 Members Share Posted July 12, 2010 ... I was completely pissed ... So you were drunk Link to comment Share on other sites More sharing options...
Members thinkpad20 Posted July 12, 2010 Members Share Posted July 12, 2010 I have my job until Im found guilty Taking a breathalyzer after not having had a single drink is more risky than the situation you're in now? If you weren't drunk, were you perchance intoxicated on some other substance besides alcohol? Link to comment Share on other sites More sharing options...
Members mike moriarty Posted July 12, 2010 Author Members Share Posted July 12, 2010 There is no proof of any alcohol consumption besides the failed sobriety tests, which can easily be failed by someone who is completely sober. Especially after just waking up from a deep sleep. Link to comment Share on other sites More sharing options...
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