a really not cool story about 'DUI' and cops

[Troy711]

this was posted on another forum... but i figured it would be a good read here

Had an minor arguement with the ex late at night and wasn't emotionally in the state to drive as well as having a couple of drinks, which I wasn't sure whether I'd be over or under. Called my olds to come and get me and drive the car home. I lived half hour away from the ex.

Got in the car and listened to the radio whilst waiting on the phone with my best mate when this light flashes through my window and I'm asked if I'm who I am. I say yes.

Asked to do a "breath test" to which I was confused to all buggery why I was getting breath tested. I said my parents were coming to pick me up. I was asked to get out of the car as I was over the limit. I went to call my parents to tell them the police had come and to hurry the fark up, but I was told to turn my phone off or give it to the officer as he didn't believe me (or whatever the fark the reason was).

Was told to give my licence to the officer and get out of the car. Was asked if I had any weapons on me, face the car with my hands on the roof.

Patted down, then was asked to take off anything which I could use for self harm. Took off chains and belt. Then I was asked what I did that day. Ten seconds from starting the officer turns her back on me then tells me to go to the street sign pole, face it with my hands on there.

Now, this is where it gets interesting.

My parents arrive, not even ten minutes of this happening. The cops were SHITTY. They asked them why they were there, to which my parents had every right to say to drive me and my car home. I chucked them my keys after they were told to back off.

In the next five minutes, two paddy wagons and a highway patrol car arrived. I put the cuffs on without asking and went to get in the paddy wagon when I got the good old shove in the back . I bit my lip and said nothing.

Must have been twenty minutes after this then it's a nice 5 minute trip to Merrylands and the blue light establishment.

Mug shot. Little square cell. And an arsehole in there smirking and giving me ****. I'm allowed to go for a piss because the paddy wagon rattled my inside. Then here comes the crowning glory.

I go in the testing room. I'm read my rights which I understand. I blow my bloody brains out and not long after whilst I'm blowing the officer pulls it out of my mouth. And says I didn't blow properly. So I blow again, not so hard, and pulls it out again after a second. I'm getting pissed off here. Third time, it's a little longer then OUT. And he abuses the fark out of me. I ask for a blood test and I am refused. I get escorted to the square cell.

Now I get told I am getting charged with Fail/Refuse Breath test which is classed as High Range DUI and an interim AVO. THEN it clicked in place that my ex's mother did a dirty on me. Had my prints taken and sat back in the cell.

Crowning honour was my parents being told once they got to the station that "your son is worthless and shouldn't have been born". I was told that on the way home (and fark I wanted to go back that made me burn) and being told that I would be out in 45minutes. They kept me in there for close to four hours.

I hired a lawyer to fight the AVO and won (Police got caught out so bad), but pleaded guilty for high range and got 12months/$800 fine even though I was at uni full time. I had to plead guilty because the case would have taken over a year and the legal fees would have cost approx $7,000-10,000 which I obviously didn't have. My legal fees though were close to five grand, so I guess my lawyer did a good job cutting it down from 3 years to 12months and the $3,300 fine. I was hoping for 18 months. No such thing as a Section 10 for high range DUI even with a clean record.

It was the hardest thing to do, pleading guilty for something I didn't do (intent to drive is what they got me on). I found out in months they had farked up with me in so many ways (I had no intention to drive, parents came even though I didn't communicate when the police were there, refused blood test).

What sucks though is i used to get followed and pulled over ALL the time by police for RBTs (been followed Military Rd to Camden Valley Way Exit on the M5 and pulled over - my car doesn't help my cause and three times in 15 mins one early weekend morning this year). It doesn't happen too much now.

If ANYONE is to get done, get a good lawyer, you might pay for it, but for me it was good money spent unless you have a dodgy driving record.

It's a passionate topic this one.

thats really farked up...

 

[AirStrike]

You got a link to the orginal thread mate¿?
AirStrike :air:

 

[yZoH]

Honestly wtf!! Police need to be taught a lesson or pull there batton out of there ass.

Cheers
mat

 

[Julie]

Well this isn't a unique story. Theres been plenty of stories documented about drivers getting done for dui while they weren't even driving. If you are going to be in your car, intoxicated, with keys inside or within close proximity and the boys in blue see you they have every right and the duty to breathylise you. I remember a story on ACA a while ago about a young fella who got done after sleeping in his car after a big night because he had his keys on him, he was fighting it because apparently they were house keys and not even his car keys.

Bit of hard luck I suppose, I guess someone who has had a few to drink and in a pretty pissed off mood wouldn't be thinking hey I better not get in my car with my keys. Don't know what the go is with them refusing a blood test but if you are over I suppose it isn't gonna help anyway.

I tend to not make my mind up about cases like this, theres always 2 sides to a story.

 

[Shounak]

Ok.. If you do go to a party of club, whatever and you've had a few.. What's the smartest thing to do, given that you've had a few drinks?

Call someone to pick you up (taxi or parents) or sleep it off in your car. You need keys to get into your car and it's fairly reasonable to expect someone will sit in their car, if they've drunk a bit..

Once a few months after my P's I drove to a party and had 2 beers (free keg).. I realised it was stupid and decided to sit in the car with all of my mates in it for a little while.. We sat there for about an hour and I decided to head off..

It was weird cuz I got RBT'd on the way back.. I was shitting myself. Wasn't quite sure about the 1 drink 1 hour thing then.. But I blew 0.00.. Now what if a cop had turned up whilst I was sitting in my car.. Would I deserve a drink driving conviction and loss of license (for what I consider) to be the reasonable thing to do?

 

[Troy711]

You got a link to the orginal thread mate¿?
AirStrike :air:

indeed i do

here

 

[Wombat]

If you plan to have the money to drink, plan to have the money for a taxi, or don't take your car anyway.

People really wouldn't like what I would do if I had the power to make laws for drink driving...
First offence: $2000 fine and licence gone for a year...no "work licences". Everyone is allowed one mistake, and should know the laws by now.
Second offence: You're outta here..Gone. $5000 fine, absolute disqualification of licence, never to hold any sort of licence again. Tough luck, as I said, if you don't know the laws by now, don't whinge.
Third offence, if you are that stupid, $10,000 fine, six months jail, and confiscation of the vehicle being used with either a $5000 bond for it's return or it will be sold after six months.

As you can tell, I don't have a lot of time for drink drivers...

I also kinda wonder about that guys behavior...you don't get treated that badly for just a simple DUI, especially a case of sitting in a parked car...there sure is more to that story than we are being told...

 

[Patrio7]

so say you stash your keys in your glove box, crash out in your dirvers or passengers seat they can pull you up even though you intend to sleep it off?

thats like knocking on someones window in the middle of nowhere and saying "are you tired sir" "yes" sorry im going to have to do you for intent to drive tired" "but im trying to sleep nto drive" "dont be smart" "whaaa!?"

 

[yZoH]

so say you stash your keys in your glove box, crash out in your dirvers or passengers seat they can pull you up even though you intend to sleep it off?

thats like knocking on someones window in the middle of nowhere and saying "are you tired sir" "yes" sorry im going to have to do you for intent to drive tired" "but im trying to sleep nto drive" "dont be smart" "whaaa!?"

I haven't laughed to hard in a long time

 

[luvmycommodore]

If you plan to have the money to drink, plan to have the money for a taxi, or don't take your car anyway.

People really wouldn't like what I would do if I had the power to make laws for drink driving...
First offence: $2000 fine and licence gone for a year...no "work licences". Everyone is allowed one mistake, and should know the laws by now.
Second offence: You're outta here..Gone. $5000 fine, absolute disqualification of licence, never to hold any sort of licence again. Tough luck, as I said, if you don't know the laws by now, don't whinge.
Third offence, if you are that stupid, $10,000 fine, six months jail, and confiscation of the vehicle being used with either a $5000 bond for it's return or it will be sold after six months.

As you can tell, I don't have a lot of time for drink drivers...

I also kinda wonder about that guys behavior...you don't get treated that badly for just a simple DUI, especially a case of sitting in a parked car...there sure is more to that story than we are being told...

*applause* I'd vote for you wombat