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(Village Voice) Scary Woman blows .02 and gets three felony DUI convictions... WTF?   (phoenixnewtimes.com) divider line 249
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karlandtanya 2008-05-25 05:51:24 PM  
Sounds like the cops screwed up the details.
Their mistake resulted in a person who was driving while impaired (hydrocodone/Vicodin is strong stuff!) getting off w/out a conviction.

 
ScubaDude1960 [TotalFark] 2008-05-25 06:09:48 PM  
It's time to take every judge, legislator, and law enforcement officer and line them up against a wall.

 
Macular Degenerate 2008-05-25 06:15:10 PM  
People are stupid about traffic stops. They blab about all their transgressions not realizing that EVERYTHING that is said is used against them, and will probably be inflated and exaggerated.

1. Answer every question to the negative
2. Volunteer no information
3. Never agree to a field sobriety test or a breathalyzer - they are highly unreliable and/or officers are trained to make people fail. Demand a blood test. If you really *are* farked up you probably deserve to get busted. But taking a stand against police erosion of privacy, even if it means a towing charge, is a small price to pay to protect your civil rights.

 
phiwings [TotalFark] 2008-05-25 08:00:02 PM  
Macular Degenerate: People are stupid about traffic stops. They blab about all their transgressions not realizing that EVERYTHING that is said is used against them, and will probably be inflated and exaggerated.

1. Answer every question to the negative
2. Volunteer no information
3. Never agree to a field sobriety test or a breathalyzer - they are highly unreliable and/or officers are trained to make people fail. Demand a blood test. If you really *are* farked up you probably deserve to get busted. But taking a stand against police erosion of privacy, even if it means a towing charge, is a small price to pay to protect your civil rights.


Most states have what's called "implied consent". driving is a privilage not a right, therefore most states mandate that if you are stopped you must submit to a brethalyzer test. if you refuse your refusal is used as grounds for a DUI arrest.
What is Implied Consent?

 
dustman81 [TotalFark] 2008-05-25 08:27:43 PM  
Maricopa County aka Sheriff Joe Arpaio's County. Why am I not surprised?

This isn't about implied consent. She had a BAC of .02, but was charged with DUI above .08.

She had 1/2 a drink. She just got out of dental surgery. Maybe she should not have been driving, I don't know. But the charge of DUI with a BAC of over .08 is a ridiculous charge that should have never been brought on her.

I'm glad to see the system worked like it was supposed to and the charges were dropped, but it cost her $12,000 to defend herself against a trumped up charge.

 
CheddarPants [TotalFark] 2008-05-25 08:29:35 PM  
I had a cop pull me over once on my way to work for not changing lanes because another cop had someone else pulled over on the shoulder. It was about 5:30 AM. It went about like this:

Cop: How much did you have to drink tonight?
Me: Tonight? It's morning. I'm on my way to work.
Cop: How much did you have to drink last night, then?
Me: Nothing.
Cop: Yeah, you did. I can smell it on you.
Me: No sir. I didn't have anything to drink.
Cop: Come on. I know you did, I can smell it.
Me: I don't know what you smell, but I haven't had anything to drink in a couple of weeks.
Cop: Wait here.

Then two more cops show up, and the cop who pulled me over had me get out and take a "PBT". I blew a 0 and he told me to have a good day and let me go. But he was a total prick until the breathalyzer.

 
Weaver95 [TotalFark] 2008-05-25 08:34:00 PM  
are we feel safer yet?

 
real shaman [TotalFark] 2008-05-25 08:36:57 PM  
karlandtanya: hydrocodone/Vicodin is strong stuff!

no.... it is the weakest prescription painkiller on the market.

 
real shaman [TotalFark] 2008-05-25 08:42:54 PM  
Macular Degenerate: People are stupid about traffic stops. They blab about all their transgressions not realizing that EVERYTHING that is said is used against them, and will probably be inflated and exaggerated.

1. Answer every question to the negative
2. Volunteer no information
3. Never agree to a field sobriety test or a breathalyzer - they are highly unreliable and/or officers are trained to make people fail. Demand a blood test. If you really *are* farked up you probably deserve to get busted. But taking a stand against police erosion of privacy, even if it means a towing charge, is a small price to pay to protect your civil rights.


And if you are drunk, do not talk... period. Ask for your lawyer. Do not take field tests... do not blow.... ask for your lawyer. when the cop tells you blah blah blah license blah blah blah, ask for your lawyer.

You will probably lose your license for a year for refusing the tests. That is still better than a DUI.

It would be best if you never drove drunk, but as this is fark, that option is not realistic.

 
Radar1992 [TotalFark] 2008-05-25 08:50:56 PM  
Remember DUI net an average of $5K for the local municipalities, which is why they would rather nail you for that than speeding.

In some states the police/sheriff's office get a cut of the fines to their operating budget, so there is their incentive.

Most states the implied consent costs you one year suspension of your driving license if you refuse the tests or to blow and some states and the military (federal) call 0.04 driving while impaired which means they can do almost as much as a DUI over the 0.08 limit...

This is all an attempt to remove more of your money (without going through the tax code) to the locals since it is easier to cop a plea versus fight the charge.

 
Dufus [TotalFark] 2008-05-25 09:16:21 PM  
Junior high school math... "Watch that decimal point, Lou."

 
Debeo Summa Credo 2008-05-25 09:26:12 PM  
A significantly overweight asthmatic 34-year old with dentures? HOT!

 
frostus [TotalFark] 2008-05-25 09:28:03 PM  
Subby: Woman blows 2 (hey, I rounded up)

/bow chicka wow wow
//anyone get her number?

 
astromarmot 2008-05-25 09:28:11 PM  
phiwings

Most states have what's called "implied consent". driving is a privilage not a right, therefore most states mandate that if you are stopped you must submit to a brethalyzer test. if you refuse your refusal is used as grounds for a DUI arrest.
What is Implied Consent?


From the link you provided:
Also they base their argument on the first amendment, which states " no person shall be compelled in any criminal case to be a witness against himself".

While this may contain some valid information, I'm not sure I'd trust law advice from a site that doesn't know it's amendments from a hole in the ground.

 
Bubonis 2008-05-25 09:28:38 PM  
Welcome to the New America.

www.piratenews.org

 
Get Lost 2008-05-25 09:28:41 PM  
Anyone who gets harassed by the cops? Fight anything in court. Plug up the system so bad that Judges will take note and put a stop to the fascist police force, who don't care if you are sober or drunk. It's all in the power trip against you.

http://roadblockbc.blogspot.com/2007/11/roadblock-bc.html

 
KaponoFor3 [recently expired TotalFark] 2008-05-25 09:29:43 PM  
Macular Degenerate: 1. Answer every question to the negative
2. Volunteer no information


If you lie to the cops, and they catch you, they will give you ZERO slack from that point forward. You are farked if you lie to the cops.

 
jankyboy 2008-05-25 09:30:12 PM  
FTFA: "Last month, the county attorney dropped all charges."

Dropped charges != 3 felony convictions. Bad, subby.

 
JonnyBGoode 2008-05-25 09:30:58 PM  
I got out of a DUI once for feigning a severe asthma attack when the cop came to give me the breathalizer. (I was already having a minor one so it wasn't too hard to play it up a bit.) When I couldn't make any sort of puff whatsoever into the breathalizer until I could take a few hits off my inhaler, the cop just said "screw it."

 
Kurmudgeon 2008-05-25 09:31:45 PM  
"I'm glad to see the system worked like it was supposed to and the charges were dropped, but it cost her $12,000 to defend herself against a trumped up charge."

Yeah, worked just like they intended, 12K$ profit for the system.
Justice? What's that?

 
Littledogg 2008-05-25 09:32:13 PM  
"I'm Italian-Irish," she says, describing her willingness to fight. "And I knew I wasn't guilty."

Well it's a good thing she isn't French-Canadian!

I suppose she got orange juice because they were all out of sea water...or another salty sea starting substance.

/When will we let these stereotypes die?

 
KaponoFor3 [recently expired TotalFark] 2008-05-25 09:33:29 PM  
Kurmudgeon: Yeah, worked just like they intended, 12K$ profit for the system.

"For the system"? Unless all $12,000 of that money went to the courthouse or the police force, the only people who profited from this were the attorneys.

 
Cormophyte 2008-05-25 09:34:31 PM  
Is it just my mean side creeping out of the shadows, or is anyone else thinking of starting an email campaign to Steve Ceballes (aka, the busybody motherfarker fta) consisting of strongly worded pleas for him to mind his own damn business?

 
MasterShakezula 2008-05-25 09:35:14 PM  
real shaman: You will probably lose your license for a year for refusing the tests. That is still better than a DUI.

I don't get people who say this... don't you have a job you have to drive to? If I lost my license for a year it would probably cost me far more than the ~10K a DUI costs.

A DUI does not necessarily == a lost license (less than half the people I know with DUIs lost their license), but refusing a test guarantees it.

 
thenateman 2008-05-25 09:36:24 PM  
Welcome to the new America.

upload.wikimedia.org

msnbcmedia4.msn.com

/Clinton's America

 
flamingboard 2008-05-25 09:38:22 PM  
not taking a sobriety test will automatically get your license suspended for a year even if you're totally sober in iowa.

 
viggler 2008-05-25 09:39:32 PM  
Dipshiat businessman should have confronted the lady himself before jumping to conclusions and getting the cops involved.

 
Great Janitor 2008-05-25 09:40:44 PM  
A .02, that's low enough where you don't even have to have had anything to drink. I know this for a fact because I used to deal with breathalyzers. You can get a .02 if you ate any bread before a breathalyzer test (the yeast in the bread), mouthwash (duh), some gums can score a .02 or higher, cologne and perfume as well as stuff like Lysol.

 
gothelder 2008-05-25 09:41:31 PM  
Cormophyte:Is it just my mean side creeping out of the shadows, or is anyone else thinking of starting an email campaign to Steve Ceballes (aka, the busybody motherfarker fta) consisting of strongly worded pleas for him to mind his own damn business? lawsuit seeking to recover the legal fees caused by his error.

FIFY

 
SpacePunk 2008-05-25 09:41:52 PM  
---------------
Cormophyte 2008-05-25 09:34:31 PM
Is it just my mean side creeping out of the shadows, or is anyone else thinking of starting an email campaign to Steve Ceballes (aka, the busybody motherfarker fta) consisting of strongly worded pleas for him to mind his own damn business?
---------------

Those here that support, and look forward to the police state would say that it's your mean side.

 
HumanBeingsSuck 2008-05-25 09:42:02 PM  
KaponoFor3: Kurmudgeon: Yeah, worked just like they intended, 12K$ profit for the system.

"For the system"? Unless all $12,000 of that money went to the courthouse or the police force, the only people who profited from this were the attorneys.


And the attorneys aren't part of the ol' boys' club? Attorneys become legislators and judges. The goddamn lawyers run the whole racket and hire jackbooted thug cops on the cheap to do the gruntwork!

 
Smeggy Smurf 2008-05-25 09:42:03 PM  
You can thank MADD for this insanity. There are no words to describe what I'd like to see done to each and every one of them. Suffice it to say Lucifer would be impressed

 
Shakespeare's Sister 2008-05-25 09:42:37 PM  
All the biatch had to do was swallow after the blowing. Will women ever learn?

 
SpacePunk 2008-05-25 09:43:18 PM  
----------------
Great Janitor 2008-05-25 09:40:44 PM
A .02, that's low enough where you don't even have to have had anything to drink. I know this for a fact because I used to deal with breathalyzers. You can get a .02 if you ate any bread before a breathalyzer test (the yeast in the bread), mouthwash (duh), some gums can score a .02 or higher, cologne and perfume as well as stuff like Lysol.
-----------------

After hearing that, the logical thing to do would be to lower the limit to .02

 
the_colonel 2008-05-25 09:44:35 PM  
FTA: "We essentially didn't have a Christmas because we were making payments to people," Bryan Wilcutt says."

Lawyers need Christmas too. No matter what happens, the lawyers always win.

 
ukiah 2008-05-25 09:45:15 PM  
real shaman: karlandtanya: hydrocodone/Vicodin is strong stuff!

no.... it is the weakest prescription painkiller on the market.


Seriously. These are weak. I used to eat them like candy.

and...Cop bashing thread!

 
roadrageonoldpeople 2008-05-25 09:45:45 PM  
I feel bad for the people in the story, but you really have to take everything from the New Times with a grain of salt.

 
Baron Von Supercock 2008-05-25 09:46:14 PM  
Great Janitor: A .02, that's low enough where you don't even have to have had anything to drink. I know this for a fact because I used to deal with breathalyzers. You can get a .02 if you ate any bread before a breathalyzer test (the yeast in the bread), mouthwash (duh), some gums can score a .02 or higher, cologne and perfume as well as stuff like Lysol.

So how much Lysol can I drink before Im over the limit?

 
RoyBatty 2008-05-25 09:46:20 PM  
karlandtanya: Sounds like the cops screwed up the details.
Their mistake resulted in a person who was driving while impaired (hydrocodone/Vicodin is strong stuff!) getting off w/out a conviction.


No dipshiat. The system does this on purpose. The cops are doing their job by hyping the details and arresting people for little cause.

Arizona is a really farked up state. And the rest of the US is approaching this. Barely cross the line and you get slapped with incredibly harsh penalties and dumbfarks like you come along and say it was a mistake, or the people had it coming, or it's a deterrent, or it raises funds.

It's just farked up.

 
keesvanloomacklin 2008-05-25 09:46:35 PM  
Cormophyte: Is it just my mean side creeping out of the shadows, or is anyone else thinking of starting an email campaign to Steve Ceballes (aka, the busybody motherfarker fta) consisting of strongly worded pleas for him to mind his own damn business?

Why no... I would never post a link to the website of the business he owns. Horticulture West (pops)
Which happens to contain his contact information.

I'm just not the vindictive type.

 
Loren 2008-05-25 09:46:41 PM  
dustman81: Maricopa County aka Sheriff Joe Arpaio's County. Why am I not surprised?

This isn't about implied consent. She had a BAC of .02, but was charged with DUI above .08.

She had 1/2 a drink. She just got out of dental surgery. Maybe she should not have been driving, I don't know. But the charge of DUI with a BAC of over .08 is a ridiculous charge that should have never been brought on her.

I'm glad to see the system worked like it was supposed to and the charges were dropped, but it cost her $12,000 to defend herself against a trumped up charge.


From what's been said she probably was an impaired driver, just due to drugs instead of alcohol. The mistake I see is that the law wasn't set up in a way to convict her.

 
darkmatterhari 2008-05-25 09:47:07 PM  
Littledogg Well it's a good thing she isn't French-Canadian!

As someone who has been charged (and cleared by blood test) with a false DUI in Maricopa County, I resemble that statement!

/wait, what?
//technically first generation in the US but, c'est la vie

 
pepsican63 2008-05-25 09:47:24 PM  
Macular Degenerate:
3. Never agree to a field sobriety test or a breathalyzer - they are highly unreliable and/or officers are trained to make people fail. Demand a blood test. If you really *are* farked up you probably deserve to get busted. But taking a stand against police erosion of privacy, even if it means a towing charge, is a small price to pay to protect your civil rights.


Uhhh... If you refuse then thats automatically an offence of equal severity as blowing over 0.08, except they don't need to prove anything except that you refused.

 
Lumoclear 2008-05-25 09:47:41 PM  
The terrorist have won.

 
JohanW 2008-05-25 09:47:59 PM  
Where's the police state tag?

 
RoyBatty 2008-05-25 09:48:17 PM  
MasterShakezula: real shaman: You will probably lose your license for a year for refusing the tests. That is still better than a DUI.

I don't get people who say this... don't you have a job you have to drive to? If I lost my license for a year it would probably cost me far more than the ~10K a DUI costs.

A DUI does not necessarily == a lost license (less than half the people I know with DUIs lost their license), but refusing a test guarantees it.


I think the claim is that if you refuse the test, you lose your license but you can end up in a courtroom with a lawyer fighting for you and in much better legal position than if you had taken the test and failed.

 
Tommy Moo 2008-05-25 09:49:36 PM  
OK... justice was not exactly served here, but before we all go and make a martyr out of this MOTY candidate, does anyone else wonder if maybe she shouldn't have been driving on Vicodin? Especially given that it was the first pill she took, she had no way of knowing how it would affect her ability.

 
dustman81 [TotalFark] 2008-05-25 09:50:07 PM  
RoyBatty: I think the claim is that if you refuse the test, you lose your license but you can end up in a courtroom with a lawyer fighting for you and in much better legal position than if you had taken the test and failed.

THIS

If you're convicted of DUI, you're losing your license anyway. So you can either lose little or you can lose big.

 
strathmeyer 2008-05-25 09:50:24 PM  
karlandtanya: Sounds like the cops screwed up the details.
Their mistake resulted in a person who was driving while impaired (hydrocodone/Vicodin is strong stuff!) getting off w/out a conviction.


Dude, you're only supposed to take one...

 
Baron Von Supercock 2008-05-25 09:51:27 PM  
keesvanloomacklin:
Why no... I would never post a link to the website of the business he owns. Horticulture West (pops)
Which happens to contain his contact information.

I'm just not the vindictive type.


And not to defend the busybody that called the cops on the no-teeth chick, but if I saw someone that looked that impaired while cruising around with her kids in the car, Id probably call the law too.

 
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