Case Dismissed

Posted by: Zalfrin

Case Dismissed - 12/11/08 11:42 AM

I had court today at 9 AM for a motion to supress on my DWI arrest back in August. Cop pulled me over for "loud exhaust" which proceeded into a field sobriety test.

Today has been an extremely lucky day for me, I should buy a lottery ticket! lol I took a bus downtown and it was pulling up to my stop the same time I arrived. Then in court, at just past 9 the prosecuter called the PD to see where the officer was since he hadn't arrived yet. Eventually at like 9:20 she finds out he forgot and won't be able to make it til 9:45. The judge gave him 5 minutes, and then the prosecuter rested since she had no case without the officer. So, motion to supress evidence due to illegal search/seizure was granted, and the prosecuter dropped the case. That saved me $500 versus a deferred sentence. Plus, I can send the case to the DMV to try and get my driving privileges back. I could not be more thrilled. When I got to the bus stop to come home, the bus I needed was there waiting. cool

So all in all, an excellent day! I also am taking a vacation day today, so... pretty much perfect. The other nice thing is the officer lost credibility with the judge/prosecuter. Apparently the guy has a long history of making stops any way he can, just to make the stop and see if he can add any more charges. Even the prosecuter hates him. lol If he had pulled me over for erratic driving, that would be one thing, but loud exhaust? no
Posted by: GTPCompG

Re: Case Dismissed - 12/11/08 11:46 AM

I'm glad you've had a good day, just make sure you dont have any more issues in the future. I'm happy for yah:)
Posted by: MAC GTP

Re: Case Dismissed - 12/11/08 11:50 AM

haha nice. that happened to me when i got a agressive driving ticket for my tires sqweeling in a culdisack. the tires were 16 years old and i couldent do anything about it. i got pulled over by an ANIMAL CONTROL officer and she told the cop i was doing WHEELIES in my car and he took it as dohnuts. hahaha my car was a front wheel drive 2.1L duhh dude
Posted by: MAC GTP

Re: Case Dismissed - 12/11/08 11:51 AM

glad u got off tho, just dont drink and drive again lol
Posted by: Zalfrin

Re: Case Dismissed - 12/11/08 11:52 AM

Definitely not something I will ever repeat, it was an expensive lesson.
Posted by: Zalfrin

Re: Case Dismissed - 12/11/08 11:54 AM

Yes, which is why I say if it were a legitimate stop, I would have pleaded guilty. I was at 0.09% BAC.
Posted by: r.s.hutchinson

Re: Case Dismissed - 12/11/08 11:55 AM

you won by default, but still you DUI.

EDIT: I'm not trying to give you a hard time, I just hope that you don't do it again. If I killed someone while DUI, I wouldn't be able to live with myself.
Posted by: Zalfrin

Re: Case Dismissed - 12/11/08 12:01 PM

Sort of, the evidence was suppressed. The DMV has a seperate court process, but it relies on the evidence from the stop. I dunno, may or may not work, but not a big deal, I have a work permit and it was only a 6 month suspension. But yes, I did. As I said, a mistake I will not repeat. I'm incredibly thankful for the result today. It's not as if I haven't already spent thousands of dollars, it's not something I will allow myself to go through again.
Posted by: r.s.hutchinson

Re: Case Dismissed - 12/11/08 12:09 PM

Yes, a DUI charge is a very expensive one, but I think that also helps to ward repeat offenders.

The increase in insurance, the loss of license, the equipment that would have to be installed in the vehicle and all associated court/lawyer fees really add up.
Posted by: Zalfrin

Re: Case Dismissed - 12/11/08 12:30 PM

No equipment or higher insurance for me, luckily. Under .1 BAC, no breathalyzer interlock. And I have no idea how my insurance premiums stayed the same. I had to switch companies, but rates are the same.
Posted by: 4drgt

Re: Case Dismissed - 12/11/08 12:56 PM

nice congrats
Posted by: Zalfrin

Re: Case Dismissed - 12/11/08 01:09 PM

Also, theres no way I would have killed someone, it was 25 the whole way to my house (1.5 miles away).
Posted by: 4drgt

Re: Case Dismissed - 12/11/08 01:14 PM

to celebrate you should buy a comp g lol
Posted by: Zalfrin

Re: Case Dismissed - 12/11/08 01:31 PM

ROFL! If I thought I could afford it I might, but there are a lot of things that I might need money for at any time (old furnace, old A/C, old cars, etc.) lol
Posted by: 4drgt

Re: Case Dismissed - 12/11/08 01:34 PM

heck id even deliver to IC for you and fill it up lol
Posted by: ifitwasnt4u

Re: Case Dismissed - 12/11/08 05:42 PM

You got off easy.... In Arizona we have a no tollerance for DUI....

There is no minimal BAC that can get you a DUI... Its writen as "to the slightest degree" so in theory, one beer can get you a DUI if the officer smells it on your breath.

There is a mininum 10 days in jail, $2000 in fines, one year ignition interlock, and weekly AA meetings, for a DUI and for extream (.15 and up) is a minimum 45 days in jail...
Posted by: Richard Candelario

Re: Case Dismissed - 12/11/08 06:08 PM

Gotta love Arpaio, Napolitano, McCain, and Kyl!!!
Posted by: ordonez1307

Re: Case Dismissed - 12/11/08 06:20 PM

Glad you were able to beat the system.
Posted by: Zalfrin

Re: Case Dismissed - 12/11/08 09:12 PM

You can get arrested for 1 drink and driving anywhere, if the officer wants to be a **** about it. You won't lose your license unless you're over .08 (depending on state), but you can still get a DUI.
Posted by: Dre da GP man

Re: Case Dismissed - 12/11/08 10:24 PM

Yea you lucky, my friends brother got pulled over for DUI and his lincense was taken away for 2 years and they impounded his car and his insurance went sky high. Now he catches the bus because he can't afford insurance and the thing was that he just bought a 2003 grand am gt not to long ago. Its been over a year now.