Another run in with the 5-0. So on Saturday night/Sunday morning at 2:00 am I was driving home from a friends house. I took 285 connector to 75 south and on the ramp, my right front tire blew out (the tires have 1k miles on them)...I didnt see or feel anything, but it was dark and raining. Well, when the tire blew out, I lost control of the car and glanced off the guardrail at about 40 mph. My car was undriveable. I called AAA, and they said it would take about 2 and a half hours due to severe delays. Well, after about an hour the 5-0 show up. I tell them what happened and they proceeded to breathalize my friend 4 times and on the 4th time, the officer said he blew a .026. They breathalize me, and on the third time, the officer said I blew a .16. Both me and my friend had not been drinking. They cuffed and searched both of us, and they found a small bag of pot on my friend. I'm 17 and my friend is 18. I was charged with MIP, Too Fast for conditions, and Driving Restriction( I'm guilty of that cause my class D doesnt let me drive past 12). On the way to the jail, I asked for a blood test, which the officer refused. So I spent the next 14 hours in jail. When I got out of jail, I went to a testing clinic to take an EtG test which can detect alchol use anywhere from 4-5 days prior. The test should be negative, but I wont know for a couple of days. What would you reccomend doing? Additionally, If my friend is also negative, will the search be thrown out because he should not have been searched? Sorry for the novel.

Did you consent to the searches? Somethin sounds shady here. You have every legal right to request a blood test, based on my understanding.

Something does not add up...

But all your tickets add up to revenue. That is what they are seeking. Why would you have to blow 3 or 4 times. And why would it not pick it up the first 2 or 3 and then would on the 4th?

Too Fast For conditions is bullshit. Did you take pictures of your blow out? Cause you could have been going 20 and a blow out would cause you to spin out

Why were you charged with MIP? It wasn't on you and it "wasn't yours"?

I do believe if you ask for a blood test they have to do it...


All this said if your friend has pot I wouldn't put drinking at 17 and 18 past you.

Bah, ignore what I said. It only applies to DUI's. I see you were charged with minor in possession. Rules may be different there as to whether or not alco-sensor results are admissible.

sounds like you just need to go to court

This is not legal advice :)

Why were you charged with MIP? It wasn't on you and it "wasn't yours"?
Everything's right as far as I know (not legal advice) except for this. You're in possession of everything in your car, regardless of whether it's yours or not.

I was charged with Minor in possession - Consumption. They kept testing me and my friend because they kept saying we weren't doing it right. I dont know how hard it is to blow into a tube, but I kept doing the exact same thing. No alcohol was in the car. When we were cuffed for being positive, they searched us. I didnt take a picture because i didnt have a camera. I actually changed that tire on the road and it is in my trunk, but my car is at the impound because my mother's name is on the title and she is in Paris for her birthday. What a wonderful birthday present.

Everything's right as far as I know (not legal advice) except for this. You're in possession of everything in your car, regardless of whether it's yours or not.

You mean I own my passengers? Do you realize how much revenue I've let out of the car. :confused :(

I was charged with Minor in possession - Consumption. They kept testing me and my friend because they kept saying we weren't doing it right. I dont know how hard it is to blow into a tube, but I kept doing the exact same thing. No alcohol was in the car. When we were cuffed for being positive, they searched us.


5,4,3,2,1.....Tpat says......

5,4,3,2,1.....Tpat says......

HUH?

5,4,3,2,1.....Tpat says......

Where is he?

You mean I own my passengers? Do you realize how much revenue I've let out of the car. :confused :(

I know!!!! DAMN!!! OMGWTFBBQ!!!!

5,4,3,2,1.....Tpat says......

Fry the f*cker is what I say. Meanwhile if the substance was found on your friends person or in his stuff then he is the one to be charged with possession. If it was pulled from the car it is the driver who is charged with possession.

HUH?

With that kind of response it's no wonder you were arrested. BTW was this Cobb County PD, or Clayton County? You didn't say if you were top-end 285 or bottom-end in your original post.

Edit: None of this is legal advice. I am not a lawyer but I did stay in a Holiday Inn Express once!

One should never submit to a field sobriety test and/or breathalizer test. It's best to not even give the State the opportunity to produce evidence against you in court.

There is a caveat of course. You will go to jail. But in the long run, your lawyer will have more to work with if no test was administered at the stop.

Chances are, the "illegal search" of you and your friend was conducted within the perameters of the law. Officers tend to use tactical language to get a person to consent to a search. Without an exact transcription of what was said by you or your friend, it is difficult to say. But my guess would be you gave consent to search without even knowing it, so no 4th amendment cookie for you.

Bill might be able to substantiate this.

Where is he?

Working!!!!! I am busy keeping the terrorists out of Atlanta bitch!

that sucks, i would suggest getting a lawyer. that way he can tell you how fu(ked you are or are not and you can stop waisting your time worrying about it.



isnt it neal boortz that says that nothing good outside your home happens after 1.00am.

Meanwhile if the substance was found on your friends person or in his stuff then he is the one to be charged with possession. If it was pulled from the car it is the driver who is charged with possession.
So... if I hand my open beer to my passenger, open container laws don't apply :confused.

Working!!!!! I am busy keeping the terrorists out of Atlanta bitch!

That's right, he sends them to Chicago... :D:stickoutt

From the facts, it sounds like the search was very legal (it was either a "patdown" allowable for the officer's safety OR a search incident to a lawful arrest).

You need to hire a lawyer.

BTW, Georgia is an "implied consent" law. Refusing a blood test/breath test won't get you too far.

So... if I hand my open beer to my passenger, open container laws don't apply :confused.

Open containers anywhere in the car is a driver violation.

I didnt get possession of pot, my friend did. And I did not consent to the search of my car or to myself, because once you blow positive and are arrested, you have no right to deny a search. What i was asking is--- If the test I and my friend took proves that we had no alcohol in us, 1: Will we get out of MIP? and 2: Will it make the arrest and thus the search of my friend illegal?

So... if I hand my open beer to my passenger, open container laws don't apply :confused.

That's totally different, see Bill's comments below.

That's right, he sends them to Chicago... :D:stickoutt

:buttrock, better than here. Chicago sux.

From the facts, it sounds like the search was very legal (it was either a "patdown" allowable for the officer's safety OR a search incident to a lawful arrest).

You need to hire a lawyer.

BTW, Georgia is an "implied consent" law. Refusing a blood test/breath test won't get you too far.

+1, when it comes to the law Bill knows what he speaks of, especially after he looks it up in the law book.

Open containers anywhere in the car is a driver violation.

+1 don't ask me how I know that. :devillook

From the facts, it sounds like the search was very legal (it was either a "patdown" allowable for the officer's safety OR a search incident to a lawful arrest).

You need to hire a lawyer.

BTW, Georgia is an "implied consent" law. Refusing a blood test/breath test won't get you too far.

I don't drink but can you explain this please?

Also any search by a cop will be made to be legal. I am surprised my M3 wasn't searched when I got pulled over for an expired tag the way he kept asking what I was doing down here... at my work.

BTW, Georgia is an "implied consent" law. Refusing a blood test/breath test won't get you too far.

My understanding is if you choose not to blow, then your license has the propensity of being suspended for a period of one year. However, if you choose to blow, and it registers a .02 or more, then you will have your license suspended anyway for the same duration. (O.C.G.A 40-5-67.1)

Isn't it more advantageous to take the route of potential suspension w/o the DUI on record?

Even then, a lawyer can dime down the charges and possibly waive the suspension and/or get it reduced to 6 months.

Working!!!!! I am busy keeping the terrorists out of Atlanta bitch!
Missed one.. :devillook

Missed one.. :devillook

:rofl:

No I left the snitches alone today. :devillook

I didnt get possession of pot, my friend did. And I did not consent to the search of my car or to myself, because once you blow positive and are arrested, you have no right to deny a search. What i was asking is--- If the test I and my friend took proves that we had no alcohol in us, 1: Will we get out of MIP? and 2: Will it make the arrest and thus the search of my friend illegal?

It doesn't matter if the charges stick. As long as the arrest was lawful and the officer had probable cause, the search will be legal.

I don't drink but can you explain this please?


O.C.G.A 40-5-67.1
(a) The test or tests required under Code Section 40-5-55 shall be administered as soon as possible at the request of a law enforcement officer having reasonable grounds to believe that the person has been driving or was in actual physical control of a moving motor vehicle upon the highways or elsewhere throughout this state in violation of Code Section 40-6-391 and the officer has arrested such person for a violation of Code Section 40-6-391, any federal law in conformity with Code Section 40-6-391, or any local ordinance which adopts Code Section 40-6-391 by reference or the person has been involved in a traffic accident resulting in serious injuries or fatalities. Subject to Code Section 40-6-392, the requesting law enforcement officer shall designate which test or tests shall be administered initially and may subsequently require a test or tests of any substances not initially tested. (b) At the time a chemical test or tests are requested, the arresting officer shall select and read to the person the appropriate implied consent notice from the following:

(1) Implied consent notice for suspects under age 21: "Georgia law requires you to submit to state administered chemical tests of your blood, breath, urine, or other bodily substances for the purpose of determining if you are under the influence of alcohol or drugs. If you refuse this testing, your Georgia driver's license or privilege to drive on the highways of this state will be suspended for a minimum period of one year. Your refusal to submit to the required testing may be offered into evidence against you at trial. If you submit to testing and the results indicate an alcohol concentration of 0.02 grams or more, your Georgia driver's license or privilege to drive on the highways of this state may be suspended for a minimum period of one year. After first submitting to the required state tests, you are entitled to additional chemical tests of your blood, breath, urine, or other bodily substances at your own expense and from qualified personnel of your own choosing. Will you submit to the state administered chemical tests of your (designate which tests) under the implied consent law?"

(2) Implied consent notice for suspects age 21 or over: "Georgia law requires you to submit to state administered chemical tests of your blood, breath, urine, or other bodily substances for the purpose of determining if you are under the influence of alcohol or drugs. If you refuse this testing, your Georgia driver's license or privilege to drive on the highways of this state will be suspended for a minimum period of one year. Your refusal to submit to the required testing may be offered into evidence against you at trial. If you submit to testing and the results indicate an alcohol concentration of 0.08 grams or more, your Georgia driver's license or privilege to drive on the highways of this state may be suspended for a minimum period of one year. After first submitting to the required state tests, you are entitled to additional chemical tests of your blood, breath, urine, or other bodily substances at your own expense and from qualified personnel of your own choosing. Will you submit to the state administered chemical tests of your (designate which tests) under the implied consent law?"

(3) Implied consent notice for commercial motor vehicle driver suspects: "Georgia law requires you to submit to state administered chemical tests of your blood, breath, urine, or other bodily substances for the purpose of determining if you are under the influence of alcohol or drugs. If you refuse this testing, you will be disqualified from operating a commercial motor vehicle for a minimum period of one year. Your refusal to submit to the required testing may be offered into evidence against you at trial. If you submit to testing and the results indicate the presence of any alcohol, you will be issued an out-of-service order and will be prohibited from operating a motor vehicle for 24 hours. If the results indicate an alcohol concentration of 0.04 grams or more, you will be disqualified from operating a commercial motor vehicle for a minimum period of one year. After first submitting to the required state tests, you are entitled to additional chemical tests of your blood, breath, urine, or other bodily substances at your own expense and from qualified personnel of your own choosing. Will you submit to the state administered chemical tests of your (designate which tests) under the implied consent law?"



Also any search by a cop will be made to be legal. I am surprised my M3 wasn't searched when I got pulled over for an expired tag the way he kept asking what I was doing down here... at my work.

Not true. Fourth Amendment violations are probably the leading cause of cases getting thrown out of court.

isnt it neal boortz that says that nothing good outside your home happens after 1.00am.
Don't know, but former "Regular Guy" Eric Von Haessler (sp?) used to say, "Nothing good happens after midnight; get your ass indoors."

OP, sorry to hear about this. Wish I had something to say besides "Good luck," but...



Good luck.


:cool

+1, when it comes to the law Bill knows what he speaks of, especially after he looks it up in the law book.

That is actually first year law school stuff.

My understanding is if you choose not to blow, then your license has the propensity of being suspended for a period of one year. However, if you choose to blow, and it registers a .02 or more, then you will have your license suspended anyway for the same duration. (O.C.G.A 40-5-67.1)

Isn't it more advantageous to take the route of potential suspension w/o the DUI on record?

Even then, a lawyer can dime down the charges and possibly waive the suspension and/or get it reduced to 6 months.

The key to the statute is that failure to blow can be used as evidence in a trial for the underlying charges. So you automatically get the one year suspension, but then you can still be found guilty of DUI even without the chemical evidence. Happens quite often. The bartender testifies that you drank 6 drinks, the officer testifies that you were swerving all over the road, your buddy pleas and then testifies that you had a lot to drink, the officer states that you refused to blow, the court finds you guilty and you get a sentence in addition to the mandatory one year suspension for failure to consent.

Bill, does a clinic test that had chain of custody hold up in court?

It doesn't matter if the charges stick. As long as the arrest was lawful and the officer had probable cause, the search will be legal.

*removed bill's long answer*


Not true. Fourth Amendment violations are probably the leading cause of cases getting thrown out of court.

Thanks Bill!


What I was getting at is that the officer can pretty much do what he wants.

"I pulled him over and saw him reach into the glovebox"

"Dark tints, must be hiding something"

"I smell alcohol"

"I smell pot"

"You are acting nervous must be hiding something"

"You are being overly defensive must be hiding something"

Just too much stuff they can make up to get the search. Just like was mentioned before and what I have seen in some ACLU videos(I don't like the ACLU for the most part) but they could have said yes to the search and no even known it.

I doubt the officer said. "Son, can I search for car?"

Bill, does a clinic test that had chain of custody hold up in court?

I really have no idea. Not my area of law. You really should get an attorney for this matter. Seriously.

DISCLAIMER: Nothing in this thread, nor anything that I post ever, should be construed as legal advice.

I doubt the officer said. "Son, can I search for car?"

Must be a dumb officer if he needs to search for the car.

:dunno

Bill also you forgot to add


*This is not legal advice* to any of your post :) Jump on that ;)

Must be a dumb officer if he needs to search for the car.

:dunno

Yah prolly.

Damn typos... oh well it is the internet!

Must be a dumb officer if he needs to search for the car.

:dunno

:lol:lol:lol:lol

He was talking about a beat cop.

I really have no idea. Not my area of law. You really should get an attorney for this matter. Seriously.

DISCLAIMER: Nothing in this thread, nor anything that I post ever, should be construed as legal advice.

'cepting the part abouts gettin yo'sef a pettifogger. Yous be needins one a dem.

Disclaimer: I'll give you all the free legal advice you can stomach. It's worth what you paid for it.

Your welcome bill

Have to C.Y.A

OK I know I probably shouldn't even post this because i am talking out of my ass but.......... When you are taken to jail (as I have been told) they take your blood to check you for diseases (store you DNA for future use). Would the blood analysis done on the blood by the jailer show your BAC

Disclaimer: I'll give you all the free legal advice you can stomach. It's worth what you paid for it.

:buttrock

It's fun giving people legal advice, especially if they act on it!


Your welcome bill

Have to C.Y.A

:confused, Why are you wanting to cover Bill's ass for him?

OK I know I probably shouldn't even post this because i am talking out of my ass but.......... When you are taken to jail (as I have been told) they take your blood to check you for diseases (store you DNA for future use). Would the blood analysis done on the blood by the jailer show your BAC

When did you add the hilarious language to the bottom of your sig?

:rofl: :rofl: :rofl:

OK I know I probably shouldn't even post this because i am talking out of my ass but.......... When you are taken to jail (as I have been told) they take your blood to check you for diseases (store you DNA for future use). Would the blood analysis done on the blood by the jailer show your BAC

They only take a blood sample after conviction as far as I know. At least that's how it's done in Federal lockup.

:buttrock

It's fun giving people legal advice, especially if they act on it!




:confused, Why are you wanting to cover Bill's ass for him?

He forgot to do it. Thought he might appreciate it.

When did you add the hilarious language to the bottom of your sig?

:rofl: :rofl: :rofl:
Actually he forgot the e after the M.

He forgot to do it. Thought he might appreciate it.

I don't think that was what Tpat was asking you.

Actually he forgot the e after the M.

I assumed that was poetic license.

I don't think that was what Tpat was asking you.

I don't know what by chance you could be hinting at?

Actually he forgot the e after the M.

I'm assuming that was part of the humor, but I may be wrong.

:laugh

I don't think that was what Tpat was asking you.

:D

I assumed that was poetic license.

Naw, Lee was skeered of Bill while typing it out and just simply f*cked up. :devillook

I don't know what by chance you could be hinting at?

As IF!

I'm assuming that was part of the humor, but I may be wrong.

:laughKnowing Lee it was an honest mistake.

I think refusal of a breathalyser in NY is automatic guilty, but I'm not 100% sure.

I think refusal of a breathalyser in NY is automatic guilty, but I'm not 100% sure.

In Illinois it is not illegal for the following things

Driving with no lights on
Drifting in the rain
Wreckless Driving(drifting in the rain)
Having large quantities of car audio in assorted boxes, some opened some not.


That was a bad police stop...

The key to the statute is that failure to blow can be used as evidence in a trial for the underlying charges. So you automatically get the one year suspension, but then you can still be found guilty of DUI even without the chemical evidence. Happens quite often. The bartender testifies that you drank 6 drinks, the officer testifies that you were swerving all over the road, your buddy pleas and then testifies that you had a lot to drink, the officer states that you refused to blow, the court finds you guilty and you get a sentence in addition to the mandatory one year suspension for failure to consent.

Not as often as you think. A friend of mine works in the DeKalb solicitor's office, and their conviction rate on "less safe" DUI's is very low. When I interned at the State Court in Athens a few years back, it was the same.

Testimony always goes the same:

Officer so-and so: "After observing drunk guy do something, I initiated a stop. Upon approaching drunk guy, I detected the odor of an alcoholic beverage. Drunk guy indicated he had consumed one or two beers. His eyes were glassy and his speech was slurred. Refused roadside sobriety tests. Refused breathalyzer at station."

Drunk guy: "I had one drink seven hours before. I didn't want to take roadside tests because they are inaccurate. Didn't take breathalyzer because I didn't want to put my future in the hands of some machine. I would do anything to prove my innocence."

Defendant's attorney stands up and says that his client shouldn't have to put his fate in the hands of some evil machine. Then basically says because the state doesn't have the results from said evil machine, his client should go home.

Jury: "Not Guilty"

Not as often as you think. A friend of mine works in the DeKalb solicitor's office, and their conviction rate on "less safe" DUI's is very low. When I interned at the State Court in Athens a few years back, it was the same.

Testimony always goes the same:

Officer so-and so: "After observing drunk guy do something, I initiated a stop. Upon approaching drunk guy, I detected the odor of an alcoholic beverage. Drunk guy indicated he had consumed one or two beers. His eyes were glassy and his speech was slurred. Refused roadside sobriety tests. Refused breathalyzer at station."

Drunk guy: "I had one drink seven hours before. I didn't want to take roadside tests because they are inaccurate. Didn't take breathalyzer because I didn't want to put my future in the hands of some machine. I would do anything to prove my innocence."

Defendant's attorney stands up and says that his client shouldn't have to put his fate in the hands of some evil machine. Then basically says because the state doesn't have the results from said evil machine, his client should go home.

Jury: "Not Guilty"

I hope you're kidding. Most of my solicitor friends tell me much better stories!

I hope you're kidding. Most of my solicitor friends tell me much better stories!

You didn't like that story? It was quite compelling!

I hope you're kidding. Most of my solicitor friends tell me much better stories!

Well, my experience is drawn from Clarke and DeKalb counties. The first is full of old hippies and drunk college kids, the second hates anything to do with "The Man".

Damn Hippies!

Well, my experience is drawn from Clarke and DeKalb counties. The first is full of old hippies and drunk college kids, the second hates anything to do with "The Man".

I think Georgia's implied consent law should be like many other states. You agree to consent when you get your license and if you fail to consent, you are guilty. There are fewer crimes that anger me more than DUI.

I think Georgia's implied consent law should be like many other states. You agree to consent when you get your license and if you fail to consent, you are guilty. There are fewer crimes that anger me more than DUI.

Yeah, due process and the right against self-incrimination are so lame. ;)

Yeah, due process and the right against self-incrimination are so lame. ;)

It's nice to see that we agree.

:wave

In Illinois it is not illegal for the following things

Driving with no lights on
Drifting in the rain
Wreckless Driving(drifting in the rain)
Having large quantities of car audio in assorted boxes, some opened some not.


That was a bad police stop...

They never asked me to take a breathalyser that day though :dunno

In Illinois it is not illegal for the following things

Driving with no lights on
Drifting in the rain
Wreckless Driving(drifting in the rain)
Having large quantities of car audio in assorted boxes, some opened some not.


That was a bad police stop...

And I don't give a F*** what the dude saw in the car, he wasn't gonna do shit to me.



Actually, INCREDIBLY lucky I didn't go to jail, no insurance, no registration, drifting in the rain (wreckless driving), driving without lights on, no turn signals, etc. He still couldn't do anything about the boxes of car audio though :shifty

They never asked me to take a breathalyser that day though :dunno

That is good.. I think you had already killed a 2 liter of mountain dew AND were sipping on Mountain Dew slushee!!!

That is good.. I think you had already killed a 2 liter of mountain dew AND were sipping on Mountain Dew slushee!!!

Nah player, it wasn't a Mt. Dew slushee, idk what kind of slushee it was, wtfever 7-Eleven had out there.

whatever the fuck it was you already had way to much!

Actually, INCREDIBLY lucky I didn't go to jail, no insurance, no registration, drifting in the rain (wreckless driving), driving without lights on, no turn signals, etc. He still couldn't do anything about the boxes of car audio though :shifty

They see me rollin
They hatin
Patrolling they tryin' to catch me ridin' dirty...

I have had 2 Breathalyzer done. 1 I was totally drunk (about a half bottle of tequila).. was under the legal limit. 2. I had one of Tim's drinks 30 minutes before hand as well as 3-4 beers. The machine registered 0.00..

Both of these times I was not driving. Just weird coincidences.

They see me rollin
They hatin
Patrolling they tryin' to catch me ridin' dirty...

Homey caught me, but he didn't do nuttin :shifty

I can't understand how he let me go, and apparently didn't even notice me drift the corner right in front of him as he turned on his lights :dunno

Homey caught me, but he didn't do nuttin :shifty

I can't understand how he let me go, and apparently didn't even notice me drift the corner right in front of him as he turned on his lights :dunno

you're a rebel. :wavey

When did you add the hilarious language to the bottom of your sig?

:rofl: :rofl: :rofl:

After the last time I got attacked by the RED PEN

They only take a blood sample after conviction as far as I know. At least that's how it's done in Federal lockup.

Not in Fulton county as I am told. Apparently it happens before being put in to gen pop to make sure you don't have full blown A.I.D.S. and not H.I.V. (http://www.youtube.com/watch?v=gxFyjtbXMI0)

Actually he forgot the e after the M.

OK I GIVE UP I SUX AT THE SPELLING

DISCLAIMER: Nothing in this thread, nor anything that I post ever, should be construed as good legal advice.
Fixed.

Sudpud, time to ante up to the legal machine.

Maybe Bruce Cuttler will be ready in time ...

you're a rebel. :wavey

Damn straight :nono

Nah, that was when I was in school and didn't care quite about my license quite as much as I do now - which doesn't even matter as much as it used to, because I'm not worrying about being able to be insured by a shop anymore.

And that night - Halston, his friend and I, had set off a gallon sized bag of fire crackers - in a steel barrel - at 11 PM - in my apartment complex - next to campus - during the week. I thought I was getting in trouble for that.

EDIT: Actually, that was the first day I had the beats hooked up in that car too, hence the car audio boxes strewn about, I'm surprised he didn't try to mess with me about that too.

Damn straight :nono

Nah, that was when I was in school and didn't care quite about my license quite as much as I do now - which doesn't even matter as much as it used to, because I'm not worrying about being able to be insured by a shop anymore.

And that night - Halston, his friend and I, had set off a gallon sized bag of fire crackers - in a steel barrel - at 11 PM - in my apartment complex - next to campus - during the week. I thought I was getting in trouble for that.

EDIT: Actually, that was the first day I had the beats hooked up in that car too, hence the car audio boxes strewn about, I'm surprised he didn't try to mess with me about that too.

hahahahah

What a night....

I think Georgia's implied consent law should be like many other states. You agree to consent when you get your license and if you fail to consent, you are guilty. There are fewer crimes that anger me more than DUI.

I agree. I still posess a Florida driver license, and small print at the base of it reads:

Operation of a motor vehicle constitutes consent to any sobriety test required by law.

Then just below it:

UGA is our bitch.

:lol

Not in Fulton county as I am told. Apparently it happens before being put in to gen pop to make sure you don't have full blown A.I.D.S. and not H.I.V. (http://www.youtube.com/watch?v=gxFyjtbXMI0)

Damn, that does suck.

I agree. I still posess a Florida driver license, and small print at the base of it reads:

Operation of a motor vehicle constitutes consent to any sobriety test required by law.

Then just below it:

UGA is our bitch.

:rofl: :rofl: :rofl: :rofl: :rofl:

From the facts, it sounds like the search was very legal (it was either a "patdown" allowable for the officer's safety OR a search incident to a lawful arrest).

You need to hire a lawyer.

BTW, Georgia is an "implied consent" law. Refusing a blood test/breath test won't get you too far.


now to let the cat out of the bag...i am former law enforcement. Everything sounds legit on their part for the search as bill said. Unless you can prove that you had absolutely no alcohol in your blood, you won't have much of a case. You were arrested, so the search is not an arguable thing at that point. The best way for you to get any kind of help is with a lawyer... I would offer more advice, but I can't go to court for you, so call a lawyer...If you need one, let me know, I have worked with too many of them to count.

I'm 99% sure the test will show i had no alcohol. Regardless, It sounds like I need a lawyer. Anyone know a good lawyer who won't rob me? I paid for my car by working 40 hours a week and going to high school. I dont want to lose all that money on a lawyer.

Legalzoom.com

I'm 99% sure the test will show i had no alcohol.

If you weren't drinking, you should be 100% sure, no?

If you weren't drinking, you should be 100% sure, no?
I'm sure he was considering the possibility of a Type I error in the test. Problem is... That'd still make your probability around .00001%, though, since they bias toward Type II. ;)

If you weren't drinking, you should be 100% sure, no?

The Robotusin they were drinking has alcohol in it. :eek:

I kid.

Sudpud call a lawyer or the e46 you worked so hard for will be sitting in the garage while you are doing community service and walking around with no license.

Bill, can you reccomend a lawyer? And yes, I was refering to a false positive.

The test came back and it was negative. That is absolute proof of sobriety. And why are people bitching on other threads about me asking questions like this? I didn't realize that teenagers were discriminated against. I thought the forum was more mature than that. Regardless, can anyone recommend a good lawyer in cobb county? Any Help would be appreciated.

Glad to hear your test came back negative.

I have no personal or professional experience with George Stein (http://georgestein.com/), but he has been on Atlanta radio quite a bit, and seems to be a something of a specialist in, and/or crusader against, DUI abuses. Even if you don't hire him, his site has a good bit of interesting reading on the subject. He's based in Atlanta, but should be able to practice anywhere in GA.

http://georgestein.com/

As for Cobb County specifically, I'll ask a contact I have there and post what find out, if anything (gotta wait for the rest of the world to wake up, though).


:cool

Roy Barnes (http://www.barneslawgroup.com/home.htm) practices law in Cobb County. He wasn't that great of a Governor, maybe he's a better lawyer. :dunno

Roy Barnes (http://www.barneslawgroup.com/home.htm) practices law in Cobb County. He wasn't that great of a Governor, maybe he's a better lawyer.
Oh man, I had forgotten about that. :rofl

Oh man, I had forgotten about that. :rofl

:thumbup: