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Discussion Starter · #1 ·
The Gf and I went out shopping and lunch with some of her friends. I had a few drinks so she drove the car home. She's not use to the car and wet spots on the road didn't help and we ended up getting hit by a kid in a wrx, twisted my rear bumper pretty good but destroyed his front end.

So we're pulled over in a gas station parking lot, exchanging info and the kid was calling for a tow, every1 was fine and it was totally our fault no big deal everything is fine. Then a cop pulls in and gets out and comes walking up with a cocky ass swagger, looked like he just graduated the acadamy yesterday. We tell him we had a little accident, every thing is cool and the tow is on it way.

Cop says he has to make a report and he needs every1's statement, he was really bad at trying to be intimidating. So he takes my gf info and statement and the kids info and statement while i'm sitting on the hood of my car. they tell him exactly what happened , he goes to his car and I really had to pee so i walk into the gas station and go then went back to sitting on the hood.

The prick comes over again and say he needs my statementok no biggie I tell him everything, I was drinking so she drove and the car got away from her and the guy ended up hitting us, our fault. He asks where i went I told him I hadda go and he goes back to the car.

He comes back with a lovely set of fines. he fined the kid for speeding and wreckless driving, my gf for wreckless driving and nails ME for public drunkiness. WTF is up with that?
 

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i see a few court dates in your future -

fight all of the tickets!
 

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fight every single one. he was not there during the driving and has no way to confirm anything was reckless , or over the speed limit. the public drunkenness one on the other hand is not so far fetched. you WHERE in public and intoxicated. but any judge that isnt a complete prick will identify the circumstances and possibly let you slide. chances are thick cock sucker wont event go if you challenge it. i would play it off on you GF a bit and say you where talking with her and teh driver of the sube trying to help you GF emotionally. she had just been the cause of a traffic collision and was shaken up.
 

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To be completely honest...I would never ever tell a cop nothing about me drinking not so much as a drop of alcohol period.
For that matter I wouldn't volunteer any information beyond "Yes","No", and answering a question directly in as succinct a manner as possible.

Why you were not driving or went to the bathroom is irrelevant.
Your GF was driving your car and that was that. Why? Because you didn't feel like driving and she did, end of story.
Oh, and when the po-po come either leave forth with if at all possible/allowable or in this scenario sit _inside_ your car and make like a statue.

As to the rest with the tix and such, yeah you might try going to court.
But I wouldn't expect a win as his assesment would be factual as based on what you guys likely volunteered in information and possibly over information.
Did he have to roll you guys like that? Nope, but as with many things police related it is up to there own discretion...and general mood.

Best of luck and sorry. :\

- Janq
 

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That's one of the nice things about Kentucky - if the police don't witness the event, they can't ticket it.

One time I crashed my motorcycle. If this had been in Ohio or Indiana, in addition to the tree I hit, I would have been hit with at least a 'Failure To Control', and maybe 'Reckless Op'. Since it was Kentucky, the cop didn't witness it, so he couldn't cite it. Granted, this was a single vehicle accident; criminal charges probably work by a different standard.
 

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Discussion Starter · #6 ·
MrMcCrackin said:
i see a few court dates in your future -

fight all of the tickets!
yep yep my lawyer and business partner; gf dad; was laughing the whole time they were waiting to bail me out.

I feel bad for the kid tho. I gotta talk to my insurance agent and see if I can help him cuz I'd almost guarentee he'll get screwed the most. I'm out 200$ for a new rear bumper for my 'cuda while I would bet they total his car. Plastic and fiberglass against goood old american steel isn't a good combination.
 

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Agreed with Janq. Never tell the cop ANYTHING. Honesty is NOT the best policy. In the academy they even tell us that the people who tell us the truth are the "suckers".

So yeah, always lie. :)
 

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brucelee said:
So yeah, always lie. :)
I wouldn't exactly lie, just don't volunteer any information, only give answers to questions that are directly asked, if the officer really needs to know the information he will ask the question, but NEVER volunteer any aditional information
 

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carney said:
I wouldn't exactly lie, just don't volunteer any information, only give answers to questions that are directly asked, if the officer really needs to know the information he will ask the question, but NEVER volunteer any aditional information

Spot on, and always say no when you've been drinking. :) The officer is NOT going to let you go because you're telling the truth. :)


(that is, if you're drinking and you're a passenger, if you're drinking and driving, you're an idiot)
 

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Discussion Starter · #12 ·
brucelee said:
Spot on, and always say no when you've been drinking. :) The officer is NOT going to let you go because you're telling the truth. :)


(that is, if you're drinking and you're a passenger, if you're drinking and driving, you're an idiot)
here the first thinbg cops do is make you blow so you can't even deny it.
 

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carney said:
I wouldn't exactly lie, just don't volunteer any information, only give answers to questions that are directly asked, if the officer really needs to know the information he will ask the question, but NEVER volunteer any aditional information
Exactly and agreed.

Do not lie to an officer, just don't feel compelled to _volunteer_ the truth...the whole truth...and nothing but the truth, so help your momz not have to come up with your bail.
Leave the detecting and work to Officer Po-Po to figure out and make claims toward. As well anything you state to an officer can and will be used against you in a court of law even if you have not yet been arrested.

Mum is the word and another one is do not get into arguments of semantics, legality, and law with a street cop. It's not going to gain you anything and it's not like he'll stand there and go hey you know what you're right and I'm a newbie who just graduated from academy a day ago. Even if he is wrong he's not going to admit as much to you.
Save your breath, keep your lips zipped, do not consent to searches without a warrant being in play, do not think that being 'nice' or 'helpful' will help your case (aka don't be a "sucker"), and above all don't give an officer a hard time either.
Just answer yes and no questions with 'yes' or 'no'. State factual information, only when asked and at that keep it short and to an absolute minimum.

As well it's not illegal to be intoxicated or even drunk while seated in a passenger seat. Being outside of a passenger seat and in public space (e.g. not in your own yard) intoxicated is though technically 'public intoxication/drunkeness' and at the the discretion and mood of the officer ones results can and do vary.

- Janq
 

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Discussion Starter · #14 ·
Janq said:
Exactly and agreed.

Do not lie to an officer, just don't feel compelled to _volunteer_ the truth...the whole truth...and nothing but the truth, so help your momz not have to come up with your bail.
Leave the detecting and work to Officer Po-Po to figure out and make claims toward. As well anything you state to an officer can and will be used against you in a court of law even if you have not yet been arrested.

Mum is the word and another one is do not get into arguments of semantics, legality, and law with a street cop. It's not going to gain you anything and it's not like he'll stand there and go hey you know what you're right and I'm a newbie who just graduated from academy a day ago. Even if he is wrong he's not going to admit as much to you.
Save your breath, keep your lips zipped, do not consent to searches without a warrant being in play, do not think that being 'nice' or 'helpful' will help your case (aka don't be a "sucker"), and above all don't give an officer a hard time either.
Just answer yes and no questions with 'yes' or 'no'. State factual information, only when asked and at that keep it short and to an absolute minimum.

As well it's not illegal to be intoxicated or even drunk while seated in a passenger seat. Being outside of a passenger seat and in public space (e.g. not in your own yard) intoxicated is though technically 'public intoxication/drunkeness' and at the the discretion and mood of the officer ones results can and do vary.

- Janq
I agree totally agree never give extra info. The only info i gave him was I hadda pee, everythig else he had from the other statements and my bac from the test. I'm ot sure if I legally had to submit to it since I wasn'tdriving but I know if your ythe driver the penality for refusing a breathalizer is actually worse than a DUI charge.

cops here are all about the dui. With the way things worked out if i had stayed in the car by myself i bet he would have nailed me for dui. Being the only person in the vehicle means I'm "in control" of the vehicle no matter where i'm seated.
 

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Yeah being a driver and refusing an on site Breathalyzer usually results in immediate revocation of ones license. But it is your legal right to refuse it!
At that point a blood test will come into play and IIRC some states allow police to choose that option without your expressed consent. Double check me on that.

But anyway as a passenger you or I can be drunk as a skunk and totally legal to do as long as I am not operating the motor vehicle _and _ do not have means to do so such as having possesion of keys toward said vehicle.
During traffic safety class I took ages ago in order to get a reduction on my license point status (speeding) we were taught and strongly advised by a MD State Police officer all of the above and he'd also said that if we find ourselves in a motor vehicle and are able to realize we have consumed too much to immediately pull over to the safest area possible and to _not_ get out of the vehicle. Public drunkeness and we are endangering ourself by stumbling around outside. He advised we place the car keys in the glove box and to place ourselves in the back/rear passenger seat. That way if and when a cop comes by to investigate we are not able to operate the vehicle and thus no drunken driving charge. As well not being outside the vehicle prevents you from being dinged for public drunkeness. At worst you might get dinged for trespassing depending on where you choose to pull over but thats nothing compared to a DUI/DWI or even a public drunk charge being on your permanent record.

- Janq
 

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Jeremy said:
here the first thinbg cops do is make you blow so you can't even deny it.

I don't know why all law enforcement agencies don't just make you blow. Often I see them doing the FS test... I always think "whats the point?". (Unless they are intoxicated by something other than alcohol)
 

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Discussion Starter · #17 ·
Pa laws don't work like that.

One of my former bosses was drunk and his wife left him in the car in walmart she took the keys. A guy hit the car pulling into the next parking space, the wally world sceurity saw it and call the cops and when it was said and done the accident was claimed to be mybosses fault along with a DUI charge. He was seens as being in control of the vehicle by the courts he fought it like hell and lost.
 

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Was he in the drivers seat?
If so then I can see how he got took like that.

Move to the passenger seat at a minimum or back seat optimally.

- Janq
 

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brucelee said:
I don't know why all law enforcement agencies don't just make you blow. Often I see them doing the FS test... I always think "whats the point?". (Unless they are intoxicated by something other than alcohol)
You should know bruce, the vc for DUI in CA, is any level of intoxication impeding upon proper use of a vehicle. Just because you're .06 doesn't mean you're not getting a DUI
 

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Driving in CA means you automatically submit to blow. Plain and simple.

Fight the tickets, and if HE contests, ask him to recall what he saw. He will say nothing, and then you ask the judge if that is legal. He might be repremanded for that.

It is WAY out of line for ANYONE in charge to do something like that.
 
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