Godsbrother
Footballguy
ouch
Fantasy Football - Footballguys Forums
This is a sample guest message. Register a free account today to become a member! Once signed in, you'll be able to participate on this site by adding your own topics and posts, as well as connect with other members through your own private inbox!
"If you love something, let it go. If it comes back to you, its yo (1 Viewer)
- Thread starter No. 16
- Start date
Hipple Long Ware & Peete
Footballguy
Not so. Most courts are so backlogged right now that it can take weeks or months to get not priority lab work done (ie if they are working murders, big level drug cases etc, the dui stuff takes a backseat)
Hipple Long Ware & Peete
Footballguy
your last post was probably the most correct (that if you choose to consent to a test you usually should go breath because it is the most unreliable/attackable fro a legal perspective). Though in most cases if you plan on fighting it not blowing or doing any Field sobriety tests* is the way to go unless you are absolutely certain that you will pass the test. They can lock you up, but then the 'evidence' they have is pretty ####ty when weighed against the proof beyond all reasonable doubt standard. Cops will and can lie to you all they want. generally just best to shut the %^^& up (aka invoke rights to remain silent & to not incriminate yourself). Often in GA (and I imagine elsewhere) this type of a case would be plead down to a "DUI Lite". This means a plea to reckless (and dismissal of the dui charge) but with all of the 'bells and whistles" associated with a DUI conviction (classes, evaluations, community service, fine [as they also want the $}.*ETA. In GA (and I am guessing most other jurisdictions) these tests are completely voluntary. In addition to being designed to make you fail (most sober people who haven't done them repeatedly can't pass the tests) they are 'testimony/evidence' that you have the constitutional right to not be compelled to give/rt to remain silent, and no inference can be made from the failure to do these VOLUNTARY tests.
Last edited by a moderator:
Ray Karpis
Footballguy
Doesn't sound like the "deep" part was ever really a possibility, pei wei.
Hipple Long Ware & Peete
Footballguy
the is the norm and is law in most states. Some states recently (like idaho and north dakota? iirc) have started allowing froced blood draws on the highway without consent. Crazy I know.
Gr00vus
Footballguy
How dare you interrupt an Hippling .
Last edited by a moderator:
Hipple Long Ware & Peete
Footballguy
not surprisingly don't remember correctly.
http://www.duiblog.c...raws-justified/
Forced Blood Draws Justified
Posted by Lawrence Taylor on September 28th, 2005
I've commented in recent posts about the spreading practice of cops forcefully jamming syringes into DUI suspects on the sides of our highways. Now consider a devious legal maneuver to justify the practice in the following news story:
DUI Suspect Appeals Police Use Of Forced Blood Test
PALM BAY, Fla. Sept 23 – A man accused of driving drunk in Brevard County is appealing police use of a forced blood test. Tony Isley refused a breathalyzer test during a traffic stop in Palm Bay. So police got a search warrant on the spot to take a sample of his blood.
Currently, the only forced blood tests happen when there's a crash with injuries. Prosecutors said there was nothing in current law that would not allow forced blood tests, even if officers had to restrain the suspect. "The alcohol is actually the property being used to commit the DUI," said prosecutor Samantha Barrett.
If the appeals court upholds the method, it could be used all over Florida. Currently Indiana, Missouri and Texas use it, and the method has withstood appeals.
For those of you who think it's devious DUI defense lawyers who think up the "technicalities" and "loopholes", how about a search warrant to seize blood as "property" used to commit a crime? And what kind of rubber-stamp "search warrant" is issued by radio or phone in minutes to any cop on a highway who wants one?This entry was posted on Wednesday, September 28th, 2005 at 7:05 am and is filed under Duiblog. You can follow any responses to this entry through the RSS 2.0 feed. You can skip to the end and leave a response. Pinging is currently not allowed.
http://www.duiblog.c...raws-justified/
Forced Blood Draws Justified
Posted by Lawrence Taylor on September 28th, 2005
I've commented in recent posts about the spreading practice of cops forcefully jamming syringes into DUI suspects on the sides of our highways. Now consider a devious legal maneuver to justify the practice in the following news story:
DUI Suspect Appeals Police Use Of Forced Blood Test
PALM BAY, Fla. Sept 23 – A man accused of driving drunk in Brevard County is appealing police use of a forced blood test. Tony Isley refused a breathalyzer test during a traffic stop in Palm Bay. So police got a search warrant on the spot to take a sample of his blood.
Currently, the only forced blood tests happen when there's a crash with injuries. Prosecutors said there was nothing in current law that would not allow forced blood tests, even if officers had to restrain the suspect. "The alcohol is actually the property being used to commit the DUI," said prosecutor Samantha Barrett.
If the appeals court upholds the method, it could be used all over Florida. Currently Indiana, Missouri and Texas use it, and the method has withstood appeals.
For those of you who think it's devious DUI defense lawyers who think up the "technicalities" and "loopholes", how about a search warrant to seize blood as "property" used to commit a crime? And what kind of rubber-stamp "search warrant" is issued by radio or phone in minutes to any cop on a highway who wants one?This entry was posted on Wednesday, September 28th, 2005 at 7:05 am and is filed under Duiblog. You can follow any responses to this entry through the RSS 2.0 feed. You can skip to the end and leave a response. Pinging is currently not allowed.
sbonomo
Footballguy
thats just mean....
Hipple Long Ware & Peete
Footballguy
That is because famous people have money and have been advised by attorneys how best to protect your rights when you are pulled over in such a situation.They NEED evidence to convict you. Now if you have pissed yourself and have a fifth of jack between your legs then refusing ain;t gonna save you. But if you are pulled over for a minor traffic violation and don't give them the evidence (BAC or FST's) then all they have to prove beyond all reasonable doubt that you were DUi is your driving, and ability to silently exit the car and walk to the police cruiser (assuming you stay quiet through the trip and don't vomit in the backseat). Usually that is not enough to prove beyond all reasonable doubt that you were DUI as there are many reasons someone would speed/swerve/fail to signal /whatever the reason you were pulled over was other than being drunk.
Hipple Long Ware & Peete
Footballguy
I've never heard of this. I think it would be unconstitional encroachment on silence/self incrimination, but then again I think that should invalidate the blood draws too.
Hipple Long Ware & Peete
Footballguy
Not usually an issue in GA unless you are on pre-trial release (ie you didn't post a bond but were released after 2-4 days on the initial arrest)
In NY the rule is that you can refuse the breath test, but that refusing the test is considered equivalent to pleading to some lesser charge and the punishment for that is taking your license away for somewhat less time.I also think they can attempt to charge you with DWI based solely on the results of the field sobriety tests/officer's testimony, but I'm not certain about that.The "rule of thumb" for us lowlifes in college was that if you get pulled over and there's any remote chance that you fail the breath test, refuse it, and deal with not having a license for some period, but avoid the other penalties that come with a DWI conviction (classes, legal costs, fines, etc).
"If you love something, let it go. If it comes back to you, its hot dog down a hallway"
No. 16
Footballguy
Haha.
boots11234
Footballguy
LOL
hooter311
Footballguy
If you were to go this route, do you tell the officer that you are using your right to remain silent or are you supposed to just remain mute and compliant? Is a random LEO going to know to give you directions to follow is do you risk having questions screamed at you the entire time?
Zow
Footballguy
1. Calmly tell the officer first that you don't want to answer any questions without first speaking to an attorney. The officer should then afford you the opportunity to consult with an attorney. If you cannot reach an attorney, any questions regarding whether you are DUI (i.e. have you been drinking, i'd like you to do some field sobriety tests, etc.) should be answered with, "with all respect officer I don't wish to answer that question/don't wish you perform the field sobriety tests/etc." 2.In Arizona, the officer can still ask you questions regarding your identification, but any decent officer should know to respect your fifth amendment requests. However, sometimes an officer will put his questions in the form of an order (like, "i want you to perform some tests for me"). In this instance, ask the officer if he is ordering you to do the tests. If he says yes, ask him if you are free to leave. Never disobey an officer's command, but it is okay to respectfully ask him to clarify.
Zow
Footballguy
In some states (Minnesota, for one) it is my understanding it is a felony to refuse the test after arrest. I think you have a good point with the 5th issue, but I'm sure that's been litigated.In most states if you refuse the state can suspend your license for much longer and the cops can still go get a warrant to draw your blood.
sports_fan
Footballguy
Zow
Footballguy
Every mutual friend in any breakup is always going to say the new guy/girl sucks.
Buck Bradcanon
Footballguy
Jesus. I'm out.
jwb
Footballguy
I'm pretty sure in NY you cannot refuse the test (automatic guilty, iirc).
Ned
Footballguy
johnnycakes
Footballguy
"If you love something, let it go. If it doesn't come back to you, hunt it down and kill it.".
No. 16
Footballguy
I'll take her word for it. She's not one to pull punches and she's closer to the ex than me. Two weeks ago when dude came up here she said he was a "nice guy." After spending more time with him this past weekend she changed her description to "he's a scrub."Anyone have any idea why the ex hasn't told her parents yet? Her sister told me she lied and told them I went with her to Hawaii too! Anyways, I told her to tell her parents tonight, because tomorrow I'm going to call no matter what to say my goodbye and thank you to them for treating me so well the past 7 years. After that I'll be completely done with her.
Dr. Awesome
Footballguy
Don't bother. If you're really done with her let her sort out the mess with her parents. If they contact you then politely let them know she broke up with you awhile back for her personal trainer and went to Hawaii with the guy. Other than that? I'm all for being petty to a certain degree...but going out of your way to rat her out to her parents seems low. She may not deserve better but her parents sure do. Especially if they treated you well during the 7 years. Why the hell are you still in contact with the ex, even if it's to issue ridiculous threats? I can't imagine her parents knowing/not knowing is affecting your life.
glumpy
breeze
Are you? You really need to step back and think about what you want and what it may or may not be worth to you. Your life is still revolving around this girl. You've literally been self destructive over losing her and now you're going to be vindictive over her distress. Decide what's best for you and go from there, and quit with the dramatizations. Maybe you're done; maybe you're not--but you need to get off this wave of emotion you're riding and try to assess just what it is that you want going forward from here.
No. 16
Footballguy
When we first broke up she said she wanted to tell her parents in person and she gave me this weekend since we had planned before we broke up to go to my college buddies wedding.
After this weekend passed I asked if I could say my good byes and thanks. She didn't tell her parents. It's been a month she's boning some other guy and she still can't tell them?
Why am I pushing the issue? I just want to say bye, thank you, and be done with it. You can imagine how close we were after 7 years. Her mother would already introduce me as her future son in law. We went on vacations and I stayed at their home. The break up is just as much with her family as it is with her. She'll never tell her parents because she knows she ####ed up but I don't want to wait around on her schedule anymore.
She's a liar and coward. Didn't have the heart to break up with me if she was so unhappy before, never told me
she was unhappy, lied to her parents about me being in Hawaii with her, and she's still lying to them. She's shown that she'd rather run away/duck the issue instead of talking and dealing with it.
After this weekend passed I asked if I could say my good byes and thanks. She didn't tell her parents. It's been a month she's boning some other guy and she still can't tell them?
Why am I pushing the issue? I just want to say bye, thank you, and be done with it. You can imagine how close we were after 7 years. Her mother would already introduce me as her future son in law. We went on vacations and I stayed at their home. The break up is just as much with her family as it is with her. She'll never tell her parents because she knows she ####ed up but I don't want to wait around on her schedule anymore.
She's a liar and coward. Didn't have the heart to break up with me if she was so unhappy before, never told me
she was unhappy, lied to her parents about me being in Hawaii with her, and she's still lying to them. She's shown that she'd rather run away/duck the issue instead of talking and dealing with it.
Dr. Awesome
Footballguy
This is wrong. You want to get back at the ex. If you were that close with her parents they know something is up and will find out soon enough if they don't already know. When you see them you can apologize for not giving a proper thank you before that time. Going out of your way to contact them and tattle on your ex is stupid, petty, and leads you on a road much closer to the ex than you should be heading. I'm all for a lot of things. I'll sit on your shoulder and encourage you to cause plenty of trainwrecks. But avoid this mess. At this point you should have zero contact with the ex and her family. No calling to issue pointless threats. No calling the parents to get her in trouble. Go catch herpes from whores. I was on board with you getting revenge on the ex for a bit. But at this point you can't continue down that road. In the words of the Talmud, 'Live well. It is the greatest revenge.' Go have your fun and leave her to regret her decisions.
No. 16
Footballguy
Yep. This is the last order of business for me regarding her. Going through the DUI really put my problems into perspective. Why was I throwing away everything for someone who doesn't give a #### about me? I treated her well and she screwed me. So I'm done with her. There's plenty of other girls out there. Once I say bye to her family that will be it, because I really don't want to be with her anymore. She didn't appreciate all I did and I know I deserve better. I'm a good guy, have a great family, great career, and I'm not ugly. When I was with her there were plenty of girls who were interested in me, but I sayed faithful. Since, I've been going out I've had no problem talking to girls. So it's only a matter of time until I find the one. Until then I'll try and bang as many women as my drivers license permits.Are you? You really need to step back and think about what you want and what it may or may not be worth to you. Your life is still revolving around this girl. You've literally been self destructive over losing her and now you're going to be vindictive over her distress. Decide what's best for you and go from there, and quit with the dramatizations. Maybe you're done; maybe you're not--but you need to get off this wave of emotion you're riding and try to assess just what it is that you want going forward from here.
Dr. Awesome
Footballguy
We're going on 6 weeks since the breakup. Her parents know. And a month and a half isn't much considering how long you two were together but you need to start at least trying to avoid all contact with her. The ffa has been right at every single turn. Do we need to go over your batting average compared to the ffa in here?
I know it's incredibly hard. I don't envy how you must feel. But you cannot allow yourself to communicate with her no matter the reason. It's all just an excuse. You've gotta let that candle burn out. Delete her number. Remove her from fb. Block her emails. Tell all your friends you don't want to hear anything about her.
I know it's incredibly hard. I don't envy how you must feel. But you cannot allow yourself to communicate with her no matter the reason. It's all just an excuse. You've gotta let that candle burn out. Delete her number. Remove her from fb. Block her emails. Tell all your friends you don't want to hear anything about her.
No. 16
Footballguy
They live in Southern California. My chances of running into them will be slim to none. Why does it have to be about revenge? Ever since we broke up I wanted to call her parents to say my good bye but she said to wait. I waited more than a month already and when she said she would tell them she didn't. So why should I care about the fallout between her parents and her? Not my problem. To me not saying bye and thank you doesn't feel right and just forces me to wait until she gives me the go signal. Knowing her parents, i doubt they would contact me out of embarrassment, bc of how well my family took care of her. Really after I say bye, I'll have no other reason to contact her or them.
No. 16
Footballguy
Doubt they know. They live in SoCal and she lives here in NorCal. She can keep this charade on for a long time.This is the last thing tying me to her. It is probably my own creation, but I can begin truly avoiding her once I say bye.
Last edited by a moderator:
valhallan
Footballguy
Dr. Awesome
Footballguy
As you so clearly stated, this is your own creation. Thank them when more time has passed. This does not affect you. If you have some giant burden on your conscious that must be addressed immediately then send them a thank you card. That way you can keep the negative emotions out of it and not get caught up in being catty/answering their questions. You already have no reason to contact her but you're making excuses to do so with your threat to contact the parents. It's not something you should deal with unless they contact you.
No. 16
Footballguy
Maybe it's a cultural difference in regards to Asian and Western culture. Since youth we've been told to respect our elders. Even she said bye and thank you to my parents after we broke up. At least to me it would seem very disrespectful not to say bye and I don't want to look like the bad guy. No way. Maybe that will help you understand why it's such a big deal.With that said, I won't do it tomorrow. I'll give her more time. She'll probably do it soon with some pressure. In a way I think she wants me to do it for her so she can deal
With them from a far.
Last edited by a moderator:
gianmarco
Footballguy
Contacting them would be a TERRIBLE thing to do. Listen to the folks here for once.
No. 16
Footballguy
Why would it be terrible for me? That's what I don't understand.May make things worse for her, but on my end what is so bad about it?
Dr. Awesome
Footballguy
You're disrespecting them by not going out of your way to contact them? I'm skeptical. But if it really is something you must do, send them a thank you card. If tradition calls for you to speak to them, apologize in the note for the card. Say you're still emotional and prefer to keep it to a medium where you can watch what you say about the woman you once loved. Keep it positive and only focus on you thanking them for how they treated you. Write the letter. Read it to friends. Let us review it. Write it again. Then send it when you're 100% there is no bashing their daughter. It's still their daughter and they treated you well. She could be the most evil whore the world has ever known - but you still don't come close to even hinting at that in the letter.And weren't they asking questions about Hawaii a couple weeks ago? They're not dumb. They know you two have split.
Dr. Awesome
Footballguy
It's taking you down a road you shouldn't be heading. I have no problem with revenge/sticking it to her/etc. For awhile. It may not be healthy but damn does it feel good. 6 weeks post-breakup you should be heading further away from that path (worst case holding steady). Contacting them just to "make things worse for her" isn't something that should be in your mindset. It's an unhealthy state of mind. You go down that road and it's going to feed on itself. You're going to keep making excuses to contact her/talk about her (like you're doing now). A year from now and you'll be Asianwoz still talking about the one that got away and settling for some trash while bitterly clinging to something in your past. Start letting go. At the very least stop holding tighter.
Zegras11
Footballguy
Just to play DA here.... Isn't he wanting to let go by seeking closure with her parents?My daughter broke off a 5-yr relationship with a guy two years ago and the guy contacted us about 6 weeks later and thanked us for everything we had done with and for him over the years. I have not heard from him since.
Just keep it very short and don't get into any discussions with them.
boots11234
Footballguy
Now your being a #### 16. Guess what, her parents may really like you but they LOVE her. Period. saying 'good bye' to them will be a feather in her hat and make the parents think your weird. Your life has fallen apart since the breakup yet you say your over her, no your not at least not by your behavior. Let her go and don't be that weird guy who says goodbye to the folks cuz they really don't care about you. Sorry. V
Hipple Long Ware & Peete
Footballguy
Hipple Long Ware & Peete
Footballguy
Hipple Long Ware & Peete
Footballguy
No but I have met him at a few DUI CLE's over the years/in cpourt. A buddy of mine from law school worked for him for years, with the same last name too (pronounced steen though). Too bad he was killed a few years back in a freak middle of the day traffic accident.
Hipple Long Ware & Peete
Footballguy
I think you are confusing the civil and criminal penalties of DUI. Most states (GA included) have a rule that you must take a BAC or risk an administrative licence suspension (though it can be appealed), However this usually doesn't kick in until arrested for DUI (under the doctrine of implied consent). IE you can refuse everything at the jump to cut off all of their evidence. At that point there is not penalty for refusing the PBT (preliminary breath test often an alocsenser ). If they feel that they still have enough evidence to arrest you absent and FSTs/BAC (since your refused the PBT) onlt then can they request the state test (blood/urine or breath- but usually on a bigger more reliable machine like an intoxilyzer 5000 or a Drago) and it's the failure to blow post arrest that can cause your license to be suspended, often before trial.
