Can't decide what to do, traffic stop that pissed me off.

[dantheman]

You got lucky . After all , you did admit to the Officer that you had been drinking .
Let it go . Pay the ticket . Drink at home .

 

[charlie12]

What was the deal a few years ago in Denham Springs when the woman was cut loose and she went down the road and killed some people?

 

[tunatuk]

Tuna, referancing the issue from not too terribly long ago, 1) It was not me who shot a couch. 2) Did I leave anything out then? I have not left anything out now, left NOTHING out.

I was only using that as a demonstration of your past irresponsibility with alcohol. I know you did not fire the weapon, according to your past account of it.

Also, you do not get a DWI if your under the limit, it is a DUI. Don't know what all the legal differances are, but there are some as far as the severity of punishment. That is what the sobriety tests are for, if you fail the tests but pass a breathalyzer, you get a DUI. Or, you can pass the sobriety tests but fail the breath test and get a DWI.

I actually just double checked (I'm tired after working for 12hrs, haven't even taken my gun belt off yet) and tehre is no DUI in Louisiana. We have DWI. LRS 14:98. It does have a few subsections in it. It may be interesting to you to read:

http://www.legis.state.la.us/lss/lss.asp?doc=78751

Please read Paragraph A(1) subsection (a).

The or after it means it can stand alone in court as PC for arrest. You do not have to blow over a .08.

I looked through Title 14 (Criminal) and Title 32 (Traffic) and could not find anything about DUI/Driving Under the Influence or Driving While Impaired other than 14:98.

I stated that I had no problem being pulled over, and given a sobriety test, and would have had no problem with being asked to give a breath test, that is the way it works. But, upon passing both, there is no reason for me to continue to be held up from going about my business.

As far as the lawsuit, would be pretty hard for any potential lawsuit to make muster, seeing as how the entire incident was recorded. Video of me passing the sobriety tests, and my complete actions through out the stop. Which show no indecation that I was in the least bit impaired other than my admmition to having a few drinks a few hours previous. Secondly, while I know this is not the case for many people, whose going to sue? If I wreck my truck because I am drunk driving, why would I sue the PD? I was the one who f'ed up. My parents? same mentality, it woulda been me who f'ed up, noone else.


the dropping the whole issue thing, I think that the original ticket is BS in the first place because it was caused by some pretty shitty road conditions. Not too worried about the ticket, I mean, it is a 50 dollar ticket or so. I am aggrivated at being held up much longer than necassary.

The lawsuit thing was brought up (not by me, mind you) in the rare instance that you could have died in a crash. Yes, it does happen. And just because your parents do not give you everything, does not mean they would not sue the state, LEO, department and anybody else involved if you were allowed to drive home and crashed/died. Or even worse kill someone else. Then their family would sue you, and all the above mentioned people.

Most people in Louisiana also know we have shitty roads. But I'm sure that the thousands of other people that drove and hit that pothole on that road didn't get a ticket either.

Let me reiterate. Just because you weren't arrested and charged with something doesn't mean you aren't guilty of it. You probably were Driving while Impaired/Intoxicated or whatever you want to call it. I'll call it 14:98.

The officer cut you a break as you may not have been trashed, but he used judgment to determine that it was probably unsafe for you to be driving a vehicle. You may have been extremely tired, I don't know. But that is what was decided for EVERYONE'S safety on the road that night.

 

[Doc Holliday]

What was the deal a few years ago in Denham Springs when the woman was cut loose and she went down the road and killed some people?

Sad, but very much true. A little different scenario (drug impairment), but a good case in point.

 

[Doc Holliday]

also, karma tends to boomerang on ya'. the next cop that stops you after you've been drinking & driving may not be near as lenient...

 

[charlie12]

Did the LEO say you passed the FS? Or you just guessing because he didn't book you.

 

[Doc Holliday]

charlie, what amazes me is that nearly everyone that i've ever arrested for dwi was convinced that they'd passed them...

 

[lost]

Man, pay the ticket and be thankful you got off easy.

 

[charlie12]

charlie, what amazes me is that nearly everyone that i've ever arrested for dwi was convinced that they'd passed them...

I believe that, some people just don't know when they are lucky.

 

[mcinfantry]

Tuna, referancing the issue from not too terribly long ago, 1) It was not me who shot a couch. 2) Did I leave anything out then? I have not left anything out now, left NOTHING out.

Also, you do not get a DWI if your under the limit, it is a DUI. Don't know what all the legal differances are, but there are some as far as the severity of punishment. That is what the sobriety tests are for, if you fail the tests but pass a breathalyzer, you get a DUI. Or, you can pass the sobriety tests but fail the breath test and get a DWI.

I stated that I had no problem being pulled over, and given a sobriety test, and would have had no problem with being asked to give a breath test, that is the way it works. But, upon passing both, there is no reason for me to continue to be held up from going about my business.

As far as the lawsuit, would be pretty hard for any potential lawsuit to make muster, seeing as how the entire incident was recorded. Video of me passing the sobriety tests, and my complete actions through out the stop. Which show no indecation that I was in the least bit impaired other than my admmition to having a few drinks a few hours previous. Secondly, while I know this is not the case for many people, whose going to sue? If I wreck my truck because I am drunk driving, why would I sue the PD? I was the one who f'ed up. My parents? same mentality, it woulda been me who f'ed up, noone else.


the dropping the whole issue thing, I think that the original ticket is BS in the first place because it was caused by some pretty shitty road conditions. Not too worried about the ticket, I mean, it is a 50 dollar ticket or so. I am aggrivated at being held up much longer than necassary.

i say call the DA and the FBI, CIA , OJT, XYZ. as an I-Lawyer your bar card is very invisible in this case. you will need ALL the help it can give you.

 

[LACamper]

You do not want to know what happens to your insurance rates if you get arrested for DWI!
During the time between getting arrested (and having your license suspended) and the time it takes to either go to court or get it fixed the bigger insurnace companies will drop you. Then you're left w/ ABC, etc. if they will write you with a suspended license. And yes, having a hardship license is the same as suspended as far as your insurance is concerned.

I'm not going to count the number of claims I've had called in where someone had a few drinks and got in an accident. We usually drop those too. I REALLY hate dealing with alcohol related fatalities.

It is not worth the risk...

 

[mcinfantry]

you have NO idea if you failed HGN or not. and you, nor the cop, know if you are still processing/absorbing alcohol. you could be .06 during the test and had recently consumed alcohol and it actually go UP if you were to test again.

 

[mslawn]

Anyways, we get there around 9pm, stay till close at 2am. I have over the entire time 5 beers, I had my last one at 1230.

I hope nobody feels sorry for you. You got LUCKY. However go ahead and call the DA and complain and maybe he will go ahead and issue a DUI from the events of the night and that will give you something to gripe about.

I have a college guy that works for me, he always went and indugled in a few beers each weekend. After one night a few months ago, he now has to crank his truck with an interlock and has a hardship license. He gets to come and go to work and school. He is learning a lesson from this but not without a price. It has weighed heavily on his checkbook.

When will you guys learn to stay at home to drink your beer (even it it is only 5 in 5 hours) if you can not be responsible enough to have one guy designated as the driver who indulges in cokes, tea or water and can leave the beer alone.

You take a risk even if you would have been under the legal limit.
Why take the risk?

 

[mcinfantry]

I hope nobody feels sorry for you. You got LUCKY. However go ahead and call the DA and complain and maybe he will go ahead and issue a DUI from the events of the night and that will give you something to gripe about.

I have a college guy that works for me, he always went and indugled in a few beers each weekend. After one night a few months ago, he now has to crank his truck with an interlock and has a hardship license. He gets to come and go to work and school. He is learning a lesson from this but not without a price. It has weighed heavily on his checkbook.

When will you guys learn to stay at home to drink your beer (even it it is only 5 in 5 hours) if you can not be responsible enough to have one guy designated as the driver who indulges in cokes, tea or water and can leave the beer alone.

You take a risk even if you would have been under the legal limit.
Why take the risk?

+1. it could be worse. you could have gotten drunk and your buddy who picked you up could have shot your couch.... oh. wait. you already did that too.

 

[Asc.rudeboy]

we had a cool cop like that bring us to a sub station to make sure we soberd up,,even tho only one of us were driving and he only had a couple,we all 3 told the officer thank you and were happy to be able to go home without having to post bail....


the only choice to make is weither or not to send the officer a thank you letter or not...

 

[Speedlace]

What was the deal a few years ago in Denham Springs when the woman was cut loose and she went down the road and killed some people?

The woman hadn't been drinking; she was just very sleepy.

She had gotten into a fender bender; she was noted to as being "drowsy".
The DSPD let her go on her way.

A couple of miles down the road she caused a major car collision that killed an elderly couple.
The daughter and son of the deceased placed blame on the PD for allowing the woman to continue driving.

 

[charlie12]

The woman hadn't been drinking; she was just very sleepy.

She had gotten into a fender bender; she was noted to as being "drowsy".
The DSPD let her go on her way.

A couple of miles down the road she caused a major car collision that killed an elderly couple.
The daughter and son of the deceased placed blame on the PD for allowing the woman to continue driving.

The grandson of the people killed just graduated from the LSP Academy Friday.

 

[aroundlsu]

First, you should call the officer up, apologize, and thank him.

Second, stop being so honest. It was moronic to admit to drinking five beers. Most drunk guys say one but you said FIVE. Holy Hell. Lucky he didn't call an ambulance.

Third, instead of calling your friends at 3am like some alcoholic dirtbag who can't handle his **** just ask the officer to take you to a motel or hell just leave you in the lobby of the jail until 9am. I could rough it out for a few hours until they were satisfied.

Again, if you do anything thank the guy. He gave you a break dude. Maybe in ten years you will recognize that.

 

[Suburbazine]

Take your blessings and run. Don't look back, and don't ask questions.

 

[Asc.rudeboy]

you know its bad when WITTNESS told you to be thankful for how the cop treated you..

with the amount of money he saved you on car ins. alone you should take the cop out and play his designated driver and buy him drinks all night...