View Full Version : pulled over for the first time in 4+ years
ginkof
07-13-2008, 07:23 AM
tuesday I'm on my way down to the bars after having a drink at my house and i get pulled over by a state trooper for having a "loud exhaust". I had to take a sobriety test on the side of the highway because my stupid drunk friend couldn't keep his mouth shut from the passenger seat. wasn't drunk so i passed without a hitch... but i was scared shitless for the 35 minutes i was standing there!
Escargot
07-13-2008, 07:43 AM
What kind of exhaust do you have?
evil_O
07-13-2008, 07:46 AM
tuesday I'm on my way down to the bars after having a drink at my house and i get pulled over by a state trooper for having a "loud exhaust". I had to take a sobriety test on the side of the highway because my stupid drunk friend couldn't keep his mouth shut from the passenger seat. wasn't drunk so i passed without a hitch... but i was scared shitless for the 35 minutes i was standing there!
Just remember you don't have to take them. By law they are voluntary.
ginkof
07-13-2008, 08:52 AM
my exhaust is a milltek full exhaust, but when i had the resonators pulled out the pipes between the downpipes and mufflers were butchered by shitty exhaust shops... so i had the piping redone from downpipes back with 2.5" stainless instead of 2.25"... made it a raspy but damn it sounds really good!
I know that I dont have to take the test, but in the state of mass they arrest you on the spot... if you refuse the breathalyzer they also arrest you on the spot and charge you with a boat load of shit... it sucks... but either way its over and im off scott free!
FTYAVANT
07-13-2008, 09:04 AM
Evil O in NY....refusing a breathalyzer test is an immediate suspension of your license. Ill take them all day to avoid that. Plus if you play the game, in my experience, they let you walk on whatever violation they have you for.
Buegie
07-13-2008, 09:39 AM
Just remember you don't have to take them. By law they are voluntary.
haha sure, if you feel like getting hauled down to the police station
kloover
07-13-2008, 12:34 PM
Evil O in NY....refusing a breathalyzer test is an immediate suspension of your license.
Are you sure about that? I'm pretty sure that if you refuse to take a breathalyzer, then you have to go down to the police station where they can get a court order to draw blood.
PESAPC
07-13-2008, 01:34 PM
In California:
http://www.dmv.ca.gov/pubs/dl600.pdf
PP 67 forward.
When you drive in California, you consent to take a test of your breath or blood or, under certain circumstances, your urine if you are arrested for driving under the influence of alcohol, drugs or a combination of both.
ADMIN PER SE
When you drive in California, you consent to take a test of your breath or blood or, under certain circumstances, your urine if you are arrested for driving under the influence of alcohol, drugs or a combination of both.
Under 21 – Zero Tolerance for Alcohol Use. If you are under 21 you must submit to a preliminary alcohol screening (PAS) or one of the other chemical tests if you have been detained and a peace officer has reason to believe you were drinking alcohol. If your BAC measures .01% or higher on the PAS, the officer may take your license, issue you a temporary license for 30 days, give you an order of suspension for one year, and then determine whether to release you, turn you over to juvenile authorities, or to contact your parents. You may request a DMV administrative hearing within 10 days.
The Following Applies to Persons of ALL ages.
If your PAS showed a BAC of .05%, the officer may require you to submit to either a breath or blood test. Some PAS devices provide a record which may be submitted in court as evidence. Other PAS devices do not provide a record, so the officer may ask for a breath or blood test after the PAS. You do not have a right to consult with a lawyer before selecting or completing a test.
If a subsequent test reveals a BAC of .05% or higher, the officer will issue you an order of suspension, arrest you for DUI (VC §23140), and detain you until you can be turned over to your parents or juvenile authorities. If your BAC is .08% or higher, the peace officer may arrest you. (VC §§23152 or 23153)
If the officer reasonably believes you are under the combined influence of alcohol and drugs and you have already submitted to a PAS and/or a breath test, you may still be required to submit to a blood or urine test because the breath test does not detect the presence of drugs.
If you refuse to submit to any of the tests, your driving privilege may be suspended for the refusal. Even if you change your mind later and agree to a test, your driving privilege may be suspended for both reasons, although both actions will run concurrently.
So, anyway ... this is the law in California.
CanuckRS4
07-13-2008, 02:02 PM
With friends like that...haha. You know the rest ;)
Quattro
07-13-2008, 02:12 PM
hmmm never knew in CA that you can not refuse no more.... well doesnt say you cant refuse but the way it looks like that is the underlining message
evil_O
07-13-2008, 02:56 PM
Evil O in NY....refusing a breathalyzer test is an immediate suspension of your license. Ill take them all day to avoid that. Plus if you play the game, in my experience, they let you walk on whatever violation they have you for.
Yea... but it is unclear what he meant. He said sobriety test. Roadsides are voluntary. Breathalyzer (refusing to cooperate with testing can lead to arrest and suspension of your license) is a different story. So is a PBT.
evil_O
07-13-2008, 03:00 PM
PESAPC pretty much nailed it. Don't confuse that however with roadsides. They are voluntary. Just remember if a cop has enough PC to arrest you (other outward signs of DUI - driving actions, odor of an alcoholic beverage on your breath, etc.) he can arrest you on the spot for further investigation of a DUI. If you blow 0.00 you can walk OR he may have you submit to further testing - DRE, urine, etc.
PESAPC
07-13-2008, 04:24 PM
I am a licensed attorney in CO and CA ... focus is in / on real estate, not criminal behavior. Implied in CA (and many other states) is the FACT that driving is a PRIVILEGE, NOT a RIGHT ... consequently the implication is that we all consent in advance to submit to a test IF the cop has sufficient probable cause to investigate further and detain (i.e., arrest) ...
ginkof, will you be at the audiworld meet on wednesday? i want to hear your exhaust.
evil_O
07-13-2008, 05:52 PM
I am a licensed attorney in CO and CA ... focus is in / on real estate, not criminal behavior. Implied in CA (and many other states) is the FACT that driving is a PRIVILEGE, NOT a RIGHT ... consequently the implication is that we all consent in advance to submit to a test IF the cop has sufficient probable cause to investigate further and detain (i.e., arrest) ...
You ever visit CO then?
PESAPC
07-13-2008, 08:32 PM
Yeah ... quite a bit ... folks live in Highlands Ranch ... by plane though ... not in the RS4
ginkof
07-13-2008, 10:03 PM
ginkof, will you be at the audiworld meet on wednesday? i want to hear your exhaust.
unfortunately no.. im going to be on the cape... i lost my planner that had the date for the meet in it so i scheduled over it by accident... really wish i could come
evil_O
07-14-2008, 04:23 AM
Yeah ... quite a bit ... folks live in Highlands Ranch ... by plane though ... not in the RS4
Well if you like, give a shout out next time you are in town. I am up in Castle Pines North. Minutes from HR.
ginkof, will you be at the audiworld meet on wednesday? i want to hear your exhaust.
ill be there though!!!!!!!![:D]
FTYAVANT
07-15-2008, 05:41 AM
For further clarifacation: (copied from NYS DMV)
Chemical Test Refusal: A driver who refuses to take a chemical test (normally a test of breath, blood or urine) can receive a driver license revocation of at least one year (18 months for a commercial driver) and must pay a $500 civil penalty ($550 for a driver of commercial vehicles) to apply for a new driver license. A driver who refuses a chemical test during the five years after a DWI-related charge or previous refusal will have their driver license revoked for at least 18 months (permanent for a commercial driver) and must pay a $750 civil penalty to apply for a new driver license. If the driver is under age 21, and refuses a chemical test during the five years after a DWI-related charge or previous refusal, they will have their driver license revoked for at least one year or until age 21, whichever is longer and must pay a $750 civil penalty to apply for a new driver license.
Yadda Yadda Yadda.......
-In NYS almost all DWI tests are done via a PBT(chemical test), not a walk and turn, touch your nose type test.
BOTTOM LINE:
If your not drunk, comply with the test....if you are, Shame on you, you deserve what you get.