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Old Sep 1, 2007 | 01:43 AM
  #46  
Texan Aviator's Avatar
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Originally Posted by RamSS/T
Here in GA refusing to blow is considered an admission of guilt...you don't blow you get a DUI.

Also I am not sure but I think the law here if you get caught drinking under age you loose your license for a year...its not a DUI though (obviously because you weren't driving.) My is part of the DA's office...I will ask her about it in the morning
Wasn't aware of that.. But if he's not driving, and has no provable intent to do so. He shouldn't get a DUI. And if he's not driving why would he have to take a breathalyser to begin with? Unless he's given reason to believe he's publicly intoxicated. Sure sounds like profiling to me... Like I say, unless he's acting unruly in public..

I'm just a pilot, I don't know much about this stuff. My fiancee is a second year law student though. I'll ask her tomorrow.
 
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Old Sep 1, 2007 | 01:52 AM
  #47  
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From: Rich, Virginia
Sorry to hear that, Pat.

Hope all pams out in your favor.

Originally Posted by Texan Aviator
Sucks dude, I'm sorry... ****ing cops. That is way too harsh a punishment when you were not driving. I know you didn't know it, but if you know you've got booze in you, no matter what NEVER blow. Almost impossible to convict you that way.

Best wishes. I know I did my drinking in HS, just lucky I never got caught. Hopefully you get it fixed with a lawyer.
Why are you blaming the cops? Pat clearly says he doesn't yet you do?!?

They're merely doing their job.

Just out of interest, who do you call when you need law enforcement assitance?

Yeah, that's what I thought...

 
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Old Sep 1, 2007 | 01:54 AM
  #48  
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From: Albany, GA
Originally Posted by Texan Aviator
But if he's not driving, and has no provable intent to do so. He shouldn't get a DUI.
Like I said its not a DUI...I am sure its just underage drinking. Unfortunately for him GA law suspends your drivers license if your caught drinking under age. Had he been driving it would have been much worse...I THINK its loss of license until your 21.


Originally Posted by Texan Aviator
And if he's not driving why would he have to take a breathalyser to begin with?
Because he was suspected of underage drinking, which is illegal and the only way they can prove it is by testing his blood alcohol level. You can bet for what ever reason they had probable cause.
 
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Old Sep 1, 2007 | 02:02 AM
  #49  
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Originally Posted by RamSS/T
Because he was suspected of underage drinking, which is illegal and the only way they can prove it is by testing his blood alcohol level. You can bet for what ever reason they had probable cause.
Yeah, true.
Originally Posted by Grubrunner
Sorry to hear that, Pat.

Hope all pams out in your favor.



Why are you blaming the cops? Pat clearly says he doesn't yet you do?!?

They're merely doing their job.

Just out of interest, who do you call when you need law enforcement assitance?

Yeah, that's what I thought...

I'll be calling my glock .40 from my center console. No seriously, my cousin is a detective in Houston, my uncle is retired from a government agency... I respect law enforcement, but cops on the beat are all too often just out to bust someone. And it drives me insane. It's wonderful when police help folks out, put away drug dealers and rapists (it's their job).......

Guess I don't mean to blame cops, I'm just frustrated for the kid.
 

Last edited by Texan Aviator; Sep 1, 2007 at 02:04 AM.
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Old Sep 1, 2007 | 02:03 AM
  #50  
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From: Rich, Virginia
Originally Posted by Texan Aviator
I'll be calling my glock .40 from my center console. No seriously, my cousin is a detective in Houston, my uncle is retired from a government agency... I respect law enforcement, but cops on the beat are all too often just out to bust someone. And it drives me insane. It's wonderful when police help folks out, put away drug dealers and rapists (it's their job).......

Guess I don't mean to blame cops, I'm just frustrated for the kid.
LOL on the Glock!

I hear what you're saying re the rest of your post.

 
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Old Sep 1, 2007 | 02:35 AM
  #51  
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Originally Posted by RamSS/T
Unfortunately for him GA law suspends your drivers license if your caught drinking under age. Had he been driving it would have been much worse...I THINK its loss of license until your 21.
Dude, that's harsh.

Last summer, I got 4 citations for possesion of alcohol by a minor in one week, and total of like 7 the whole summer. All I had to do was go to one alcoholism class and do a couple hours of community service.

I mean hell, TONIGHT, I was at a party in my buddies back yard, had the keg sittin on my tailgate. 15 minutes after we tapped it, 3 flashlights come a walkin towards us. There was about 30 of us there, nobody got a citation. One guy ran and left his truck sittin there, it got towed. And since the keg was sittin in my truck I had to pump all the beer out onto the grass. Took me about 30 minutes, and it was the worst 30 minutes of my life. God it was hard to watch all that good beer go to waste.

They were all nice guys though. One of em was standin by me while I was pumpin the keg, and I said "There's gonna be some nice grass growin here." He laughed and said, "Yea, drunk grass."
 

Last edited by captain morgan8; Sep 1, 2007 at 03:09 AM.
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Old Sep 1, 2007 | 02:42 AM
  #52  
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i know here in Colorado if you are a minor(under 21) and get caught with possesion of alcohol or alcohol in your system, they can susupend your licesnse as part of the penalty. they usually do not hand down that harsh of a punishment for the first offense though. usually just a alcohol/drug abuse class and/or community service.

.08 is for everyone over 21. there is no tolerance for anyone under 21, .01 and you get a ticket.
 
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Old Sep 1, 2007 | 02:53 AM
  #53  
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Move to Kentucky.

If you are ACTUALLY driving.. and refuse a breathalyser (sp).. you're guilty.
I was charged with Public intox twice and didn't blow either time and got off of each.

Any state that will revoke a driver's licence for underage drinking EVEN IF NOT DRIVEING is total BS. Sucks to be in your state.

In Kentucky, DUI = a night in jail or until someone bails you out. Last bail I posted for my buddy was a few years ago. $750. His court fine was $550 + his DUI class fees. No Alcohol involved. Someone ran a red light and T-Boned him and he got a DUI. Take a guess as to what He was just smoking.

He was over 18 though.

Point being... it's total BS to take someone's license for NOT DRIVING and being intoxicated.

What would they do if he was smoking a crack pipe in the allyway? Take his driving privileges?

Stupid laws.

EDIT: Under 18 and you get bsted for said offences.. you get you driving priviledges taked away untill 18 + penalty times... (Usually not much more than a few months.)
 

Last edited by khendrix2374; Sep 1, 2007 at 02:55 AM.
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Old Sep 1, 2007 | 03:44 AM
  #54  
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thats some **** luck man, if you have to let it get sold restore it to stock and part it out.
 
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Old Sep 1, 2007 | 06:23 AM
  #55  
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I think that Ram has hit in on the head. I had heard of states cracking down on kids with underage drinking by penalizing them with revoking their license.

Patshea, the best of luck to you and you might get off, but here is the logic for this: Teens are killed every year by stupid or inexperienced driving. Add alcohol to that mix and the numbers skyrocket. If they catch you drinking, they take your license in an effort to save your life in the future. They didnt profile you to say, they set up a sting and you got stung.

I Louisiana, its harder to make any charges stick if you refuse a breathalizer. They warn you that you'll lose your license for a year, etc, but that is going to happen if you are convicted whether or not you take the test.

I am glad that you were not planning to drive. Anyone that is guilty of an actual DUI is an idiot and gets what they deserve. One mistake is one thing, but multiples is a menace to society. Hopefully you don't run into me on the road.

One more word of advice, you may want to limit what you say about any legal matter on the web. Your own words may be used against you in a court of law.
 
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Old Sep 1, 2007 | 09:15 AM
  #56  
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bummer
 
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Old Sep 1, 2007 | 09:38 AM
  #57  
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I knew this crap was going to turn into a big debate, like always. I was going to type a response to some of the things that I read but realized it'd just be adding fuel to the fire.


Pat get a lawyer and you'll be fine. .
 
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Old Sep 1, 2007 | 10:25 AM
  #58  
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Pat:

I applaud your willingness to man up and take responsibility for your actions.

I'm not sure I would recommend taking legal advice from anyone on an internet site, no matter their opinion of law enforcement or the legal implications of your situation.

Best of luck to you; take care of business and get your butt back in the game as soon as you can.
 
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Old Sep 1, 2007 | 10:35 AM
  #59  
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Originally Posted by ThumperMX113
I knew this crap was going to turn into a big debate, like always. I was going to type a response to some of the things that I read but realized it'd just be adding fuel to the fire.


Pat get a lawyer and you'll be fine. .
Yeah this one could be spotted from a mile away. Im just suprised more people are not on the soap box bitching about underage drinking.
 
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Old Sep 1, 2007 | 10:41 AM
  #60  
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From: Albany, GA
Originally Posted by scott1981
Yeah this one could be spotted from a mile away. Im just suprised more people are not on the soap box bitching about underage drinking.

I would be if had been driving...but what he was doing (while certainly illegal) wasn't really hurting anybody but himself so its not a big IMO. But as for the whole fussing about the profiling thing...thats a crock.
 
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