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(Journal Times)   News: drunk-driving accident--luckily, no innocents hurt. Wisconsin Trifecta News: Three drunk drivers, same accident, no innocents hurt. "Flaming Yukon" is not a new cocktail   (journaltimes.com) divider line
    More: Interesting, Pickup truck, Ford F-Series, driver of the Yukon, Ford F250 pickup truck, Ford Motor Company, Kraig Herbrechtsmeir, Ford Ranger, Christopher Sanchez  
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1991 clicks; posted to Main » on 02 Mar 2021 at 4:25 AM (6 weeks ago)   |   Favorite    |   share:  Share on Twitter share via Email Share on Facebook



26 Comments     (+0 »)
View Voting Results: Smartest and Funniest
 
2021-03-02 4:47:51 AM  
That's truly drunken poetry in motion
 
2021-03-02 5:06:33 AM  
cdn11.bigcommerce.comView Full Size
 
2021-03-02 5:18:37 AM  
Wonder who they charge with causing the accident?

A buddy of mine was once T-Boned at an intersection by a sober driver who ran a red light.

The accident was on camera so, there was no question who was at fault. At the hospital my buddy was found to be over the limit and he still got then DUI even though he was not at fault.

Hard to debate a DUI, but it still seems dirty not being at fault and all.
 
2021-03-02 6:12:10 AM  
Only a good drunk with a car can stop a bad one with another car.
 
2021-03-02 6:21:42 AM  
A Flaming Yukon ought to be a cocktail, though.
 
2021-03-02 6:41:14 AM  

starsrift: A Flaming Yukon ought to be a cocktail, though.


There is a breed on man
A breed that can't sit still
So they break the hearts
Of kith an kin
And roam the world at will.......now here, drink this swill

Flaming Yukon....the drink that makes you feel like you traveled the world when you really just fell off your barstool.

Served at a marginal establishment near you.
 
2021-03-02 6:43:26 AM  
I had a teacher in high school that summed up Wisconsin life (since he grew up there) by telling us that at his high school reunion a classmate told everyone what he's been up to over the years by standing up saying "I'M DRUNK!" and sitting down again .
 
2021-03-02 7:35:16 AM  

IamTomJoad: Wonder who they charge with causing the accident?

A buddy of mine was once T-Boned at an intersection by a sober driver who ran a red light.

The accident was on camera so, there was no question who was at fault. At the hospital my buddy was found to be over the limit and he still got then DUI even though he was not at fault.

Hard to debate a DUI, but it still seems dirty not being at fault and all.


If you flee the scene you can make a good case to have a DUI dismissed. You are out of the presence and observation of police so you could be sober in the accident and pounding shots afterward.
 
2021-03-02 7:38:01 AM  

mrmopar5287: If you flee the scene you can make a good case to have a DUI dismissed. You are out of the presence and observation of police so you could be sober in the accident and pounding shots afterward.


Fark: For the finest internet legal advice.
 
2021-03-02 7:58:28 AM  
Flaming Yukon is the alternate name for the annual Whitehorse Pride parade.
 
2021-03-02 8:11:41 AM  

jaytkay: mrmopar5287: If you flee the scene you can make a good case to have a DUI dismissed. You are out of the presence and observation of police so you could be sober in the accident and pounding shots afterward.

Fark: For the finest internet legal advice.


It worked for the Deputy Chief of my police department.

I also know a guy from high school that this is his SOP. He keeps a pint of bourbon in the car and if he's getting pulled over he jumps out of the car, throws the car keys into the ditch, and starts swigging from the pint. Since he's not in control of the vehicle (keys are tossed away) and they can't prove he was drunk before, the worst they can get him on is an open container and public intoxication. He's done this at least a handful of times to skate out of DUIs.
 
2021-03-02 8:16:58 AM  

mrmopar5287: jaytkay: mrmopar5287: If you flee the scene you can make a good case to have a DUI dismissed. You are out of the presence and observation of police so you could be sober in the accident and pounding shots afterward.

Fark: For the finest internet legal advice.

It worked for the Deputy Chief of my police department.

I also know a guy from high school that this is his SOP. He keeps a pint of bourbon in the car and if he's getting pulled over he jumps out of the car, throws the car keys into the ditch, and starts swigging from the pint. Since he's not in control of the vehicle (keys are tossed away) and they can't prove he was drunk before, the worst they can get him on is an open container and public intoxication. He's done this at least a handful of times to skate out of DUIs.


Man, you really have a GED in law!
 
2021-03-02 8:28:37 AM  

Fireproof: mrmopar5287: jaytkay: mrmopar5287: If you flee the scene you can make a good case to have a DUI dismissed. You are out of the presence and observation of police so you could be sober in the accident and pounding shots afterward.

Fark: For the finest internet legal advice.

It worked for the Deputy Chief of my police department.

I also know a guy from high school that this is his SOP. He keeps a pint of bourbon in the car and if he's getting pulled over he jumps out of the car, throws the car keys into the ditch, and starts swigging from the pint. Since he's not in control of the vehicle (keys are tossed away) and they can't prove he was drunk before, the worst they can get him on is an open container and public intoxication. He's done this at least a handful of times to skate out of DUIs.

Man, you really have a GED in law!


shiat, this was basic advice given by my cousin who was a lawyer. She was a prosecutor, and then did private practice defending a lot of DUIs. Her basic advice is that you need to come to her BEFORE you get the DUI for her advice, but it's one of those catch-22 things because no one really does that. She retired after being a judge for a long time and she saw the same things in DUI cases as she advised, so she wasn't the only one giving the advice.
 
2021-03-02 8:35:56 AM  
Give me a three-way, "Wisconsin style", please!
 
2021-03-02 8:59:39 AM  

mrmopar5287: jaytkay: mrmopar5287: If you flee the scene you can make a good case to have a DUI dismissed. You are out of the presence and observation of police so you could be sober in the accident and pounding shots afterward.

Fark: For the finest internet legal advice.

It worked for the Deputy Chief of my police department.

I also know a guy from high school that this is his SOP. He keeps a pint of bourbon in the car and if he's getting pulled over he jumps out of the car, throws the car keys into the ditch, and starts swigging from the pint. Since he's not in control of the vehicle (keys are tossed away) and they can't prove he was drunk before, the worst they can get him on is an open container and public intoxication. He's done this at least a handful of times to skate out of DUIs.


Hold up. So if you've been drinking and you see the red-and-blues in your rearview, the idea is to pull over, open the passenger window, turn off the car, throw the keys out, and take a pull from a bottle before the cop gets to your window? And this works? Isn't the cop going to catch this on camera?
 
2021-03-02 9:04:31 AM  

mrmopar5287: IamTomJoad: Wonder who they charge with causing the accident?

A buddy of mine was once T-Boned at an intersection by a sober driver who ran a red light.

The accident was on camera so, there was no question who was at fault. At the hospital my buddy was found to be over the limit and he still got then DUI even though he was not at fault.

Hard to debate a DUI, but it still seems dirty not being at fault and all.

If you flee the scene you can make a good case to have a DUI dismissed. You are out of the presence and observation of police so you could be sober in the accident and pounding shots afterward.


He was so badly injured by the accident he was taken by ambulance.

When they were prepping him for surgery the alcohol in his system was discovered.

I'm not saying the guy wasn't guilty of DUI because clearly he was, but the defense attorney and the insurance company for the guy who hit him tried to make the case that if he wasn't drunk he would have reacted quick enough to avoid their client running a red light.
 
2021-03-02 9:11:51 AM  

pdieten: Isn't the cop going to catch this on camera?


Nowadays, yes. And catching this on camera helps you because now it's known that you were drinking AFTER you were pulled over. It throws a wrench into proving that you were drunk at the time you were operating the vehicle.

The lawyerly advice from my cousin is not that. Her advice is don't get out of the car when police ask you to, do not perform any field sobriety tests, and do not blow into the breathalyzer if you are arrested.
 
2021-03-02 9:18:36 AM  

IamTomJoad: the defense attorney and the insurance company for the guy who hit him tried to make the case that if he wasn't drunk he would have reacted quick enough to avoid their client running a red light


Hah, nice. My dad was just in an accident this winter where he slid through a stop sign (black ice) and ended up in the middle of the intersection where a through driver punched him in the rear quarter panel. My dad was at fault, but the other driver didn't have valid insurance. We are trying to make the case that the other driver is at fault because, without insurance, they should not have been driving PERIOD. If they hadn't been there... no accident would happen.
 
2021-03-02 9:57:58 AM  
Saw the same story on a different site.  Could've been worse, actually.
Fark user imageView Full Size
 
2021-03-02 10:33:20 AM  
Really, it's the only way to explain Senator Ron Johnson. I hope they can start a trend of voting sober. Maybe bring Feingold back.
 
2021-03-02 10:42:04 AM  

mrmopar5287: pdieten: Isn't the cop going to catch this on camera?

Nowadays, yes. And catching this on camera helps you because now it's known that you were drinking AFTER you were pulled over. It throws a wrench into proving that you were drunk at the time you were operating the vehicle.

The lawyerly advice from my cousin is not that. Her advice is don't get out of the car when police ask you to, do not perform any field sobriety tests, and do not blow into the breathalyzer if you are arrested.


In Indiana that means a blood draw. Refusing sobriety tests itself is a conviction on something-or-other. The sobriety tests (including breathalyzer) are just probable cause for the blood draw, which is the evidence that gets you convicted in court.

If you were pulled over it was generally because you were breaking traffic laws. If you were behaving inebriated without a positive breathalyzer, you would still be going to a hospital because it meant some other impairment like a nasty drug interaction, a blood sugar issue or some other medical problem.

\not a lawyer, my dad merely taught the certification course for cops in Indiana for a few years
\\and ran the lab that analyzed the blood draws
\\\the cops made sure chain of custody was broken before any cop's sample got to him, so test results were invalidated
 
2021-03-02 11:26:09 AM  

zimbomba67: Give me a three-way, "Wisconsin style", please!


That would be a brat, a beer and a slab of cheesecake...
 
2021-03-02 11:52:28 AM  

pdieten: mrmopar5287: jaytkay: mrmopar5287: If you flee the scene you can make a good case to have a DUI dismissed. You are out of the presence and observation of police so you could be sober in the accident and pounding shots afterward.

Fark: For the finest internet legal advice.

It worked for the Deputy Chief of my police department.

I also know a guy from high school that this is his SOP. He keeps a pint of bourbon in the car and if he's getting pulled over he jumps out of the car, throws the car keys into the ditch, and starts swigging from the pint. Since he's not in control of the vehicle (keys are tossed away) and they can't prove he was drunk before, the worst they can get him on is an open container and public intoxication. He's done this at least a handful of times to skate out of DUIs.

Hold up. So if you've been drinking and you see the red-and-blues in your rearview, the idea is to pull over, open the passenger window, turn off the car, throw the keys out, and take a pull from a bottle before the cop gets to your window? And this works? Isn't the cop going to catch this on camera?


Each State has different laws, and this would not work in my State.  There have been cases to the state supreme court where a guy was sleeping off his drunk, in a shut off parked car, with the keys thrown outside, and they still said he was guilty.
 
2021-03-02 12:24:34 PM  

BolloxReader: mrmopar5287: pdieten: Isn't the cop going to catch this on camera?

Nowadays, yes. And catching this on camera helps you because now it's known that you were drinking AFTER you were pulled over. It throws a wrench into proving that you were drunk at the time you were operating the vehicle.

The lawyerly advice from my cousin is not that. Her advice is don't get out of the car when police ask you to, do not perform any field sobriety tests, and do not blow into the breathalyzer if you are arrested.

In Indiana that means a blood draw. Refusing sobriety tests itself is a conviction on something-or-other. The sobriety tests (including breathalyzer) are just probable cause for the blood draw, which is the evidence that gets you convicted in court.

If you were pulled over it was generally because you were breaking traffic laws. If you were behaving inebriated without a positive breathalyzer, you would still be going to a hospital because it meant some other impairment like a nasty drug interaction, a blood sugar issue or some other medical problem.

\not a lawyer, my dad merely taught the certification course for cops in Indiana for a few years
\\and ran the lab that analyzed the blood draws
\\\the cops made sure chain of custody was broken before any cop's sample got to him, so test results were invalidated


Many places do breathalyzer test with a set period of time between them to determine if you are going up, down or staying about the same on you BAC.

If you are close to the limit and the second test shows you dropping, your claim of "I had a a couple of drinks at dinner an hour ago" might help in court.
 
2021-03-02 1:51:22 PM  

BolloxReader: mrmopar5287: pdieten: Isn't the cop going to catch this on camera?

Nowadays, yes. And catching this on camera helps you because now it's known that you were drinking AFTER you were pulled over. It throws a wrench into proving that you were drunk at the time you were operating the vehicle.

The lawyerly advice from my cousin is not that. Her advice is don't get out of the car when police ask you to, do not perform any field sobriety tests, and do not blow into the breathalyzer if you are arrested.

In Indiana that means a blood draw. Refusing sobriety tests itself is a conviction on something-or-other. The sobriety tests (including breathalyzer) are just probable cause for the blood draw, which is the evidence that gets you convicted in court.


It's breath, blood, or urine here in Illinois and typically the driver can choose to offer one but not the others. It used to be a pain to get a warrant for a blood draw because of having to find a judge in the middle of a weekend or night. More and more with electronic communication being acceptable, it's easier. Some notable holiday weekends there will be a judge who has signed a blanket warrant for "No Refusal Weekend" and other weekends the judges rotate being on call for warrants that they can approve from their computer at home.

My cousin gave advice for what she did because you can consider her to have ethics on the subject if you want to. If you don't, I can understand. Her firm belief (and she was not alone in this) was that the change to 0.08 and the large increases of penalties for DUIs was counterproductive and far too punitive. The cities we live in sometimes have what you could call "aggressive" policing for traffic revenue that was abusive long before we knew about Ferguson and others like it. It was catching people who effectively were not drunk but were getting caught for minor traffic violations. Keep in mind that 0.08 is the presumptive limit, but anything below that can still get you prosecuted. For some people, it did. If you blew a 0.06 and were prosecuted, it wasn't the least bit helpful. She worked in the prosecutor's office and saw plenty of cases (not just DUIs) where they could have been diverted or dropped, should have been diverted or dropped, but were not for the only reason that prosecutors are complete assholes. Prosecutors have a special duty to seek justice that IS NOT just convictions, and to have alternatives to convictions when it is appropriate. She saw too many people have lives destroyed because of abusive prosecutions, and it's one reason she quit that job to go into private practice after she got some experience of what was going on. None of this is to be dismissive of the damage that DUIs can cause, so please keep that in mind.

Her advice was not useful for people who were completely blotto, sloppy drunk, because those people were going to get caught and go to jail. When you are incoherent, you cannot think enough to follow her advice.

Her advice to people is do not get out of the car when police ask you to. That's the first worst thing to do, because you've fallen for the "volunteer/ask" that they ask you to get out of the car. If they ask you, tell them no and don't give a reason. Just a firm, polite no. The second thing is DO NOT participate in any field sobriety exams. It's entirely subjective for the officer and they are 100% rigged for you to fail. I have witnessed this personally when a state police officer changed his instructions for what I was supposed to be doing in the middle of one of the exercises, and it was clearly designed for him to say that no matter what I did I either did not follow his initial instructions or I did not follow his subsequent instructions. The third thing is do not give a breathalyzer sample. You might think it will save you by proving you are below the 0.08 limit, but even if you are below it they can still prosecute you. They'll say you are impaired even if you blow 0.06, or they will say (sometimes without evidence) that you blew 0.06 now and were obviously above 0.08 when you were driving the car. Either way, do not do it because you are offering evidence against yourself. Give a firm, polite no and be done with it.

You will likely be charged with a DUI and also end up with a driver license suspension that is double what you would get for the DUI because you refused to blow. But all that can go away at the probable cause hearing. At the PC hearing, the prosecutor has to make the case that you should go to trial. If you follow the above things they will have nothing to make that case. They will not have you on video from the patrol car "failing" any field sobriety exams that are designed to make you fail. They will not have any breathalyzer results showing you are intoxicated to any degree. As long as you are not a sloppy, raging drunk they will have someone who the police nicked for signaling a turn only 95 feet before the intersection instead of the 100 feet that the law requires, or whatever nonsense the police are using this week for their revenue generation and harassment of the citizens.

If the judge dismisses your case for lack of probable cause (and it happens frequently as long as you follow her advice and get a decent lawyer - she can recommend the ones to use), you are finished. Your DUI is dismissed and can be expunged. Not only that, but your driver license suspension for refusing to submit to a sobriety text is dismissed because the judge has ruled there was no probable cause to arrest you for DUI.
 
2021-03-02 1:57:01 PM  

caljar: There have been cases to the state supreme court where a guy was sleeping off his drunk, in a shut off parked car, with the keys thrown outside, and they still said he was guilty.


I know. It's been slowly creeping enforcement and it's really disappointing.

If a drunk moves their car a short distance to where it won't be towed and leaves it, they should not be prosecuted.
If a drunk starts the car to run the heat and sleeps off a bender, they should not be prosecuted.
If a drunk sleeps in the car without starting the engine, they should not be prosecuted.
if a drunk sleeps in the car and the keys are tossed elsewhere to separate them from the ability to operate the vehicle, they should not be prosecuted.

If I'm ever on a jury for any of the above cases, I'm voting to acquit and going to do my hardest to convince the other 11 jurors to join me.

What you describe above is scary. It means someone could be drunk at home with keys adjacent to them anywhere in the house, and police could charge them because they might just be thinking about driving.
 
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