a $13k '63 split window

[Kim_Howie]

Jim, I never said you said I was a scumbag. OK. The state of Mass. is different than Iowa. In Iowa you have two breath test. One in the field {at your car} to see if they need to arrest you. Then at the station. That is the one that counts in court. This one I refused. When you refuse in Iowa you lose your lic. One year period. You can not fight it. I read the test refusal papers. The first thing on it asked if you are on drugs!! I tolded the officer I didn't do drugs. He stated right there I quote "he has refused the test". I was than charged with "under the infuence" 12,000.00 dollars later I was convicted. The police lied all the way to court. I won't go into that. The funny thing about the Iowa laws is you can be charged with this crime and pass the breath test. All they have to say is they think you are "under the infuence". Then you have to hire a lawyer, and of course they drop the charges. It just cost you 4,000.00 to prove it. But it STILL go's on your driving record in our state. Being an insurance agent I have seen this time after time.

[Kim_Howie]

Think about it I had to walk all the way to the bar & then home for a whole year. Thats just not right. JUST KIDDIN

[Jim Ferron]

I agree the police have the ability to just plain screw up you life over this thing..

Same in Mass though as far as refusing the test...refuse it , and I believe lic. is gone..six months no way out...

On the other hand..my lawyer connection routinely gets repeat offenders [5-6 time ]hardship licenses..8 to 8 licenses...blow mobile licenses...all depends on how bad you want it and how much you will spend..and that ain't right.

Car dealers and Lawyers...wtf..

[I'm a car dealer btw]

[Kim_Howie]

I at the time thought the SYSTEM worked. I didn't play the game. I found out the SYSTEM is in fact green. All about the money. Very few rich people in prison!!!

[ANDY M]

So Kim, you "tolded" the officer you weren't on drugs, and he didn't believe you?

[Kim_Howie]

Andy according to "the state" my answer to him was a test refusal.

[704EVER]

DUIs' in their own right are serious offenses and should not be taken lightly. However, it has become a huge money making machine for the cops, courts, lawyers and insurance industry. I don't believe DUI's should be written for riding a lawn mower in your own yard, riding a bicycle or skateboard, riding a horse on a private trail or even roller skating. The LE community has become overzealous, unfair and sometimes down right ignorant in their pursuit of the almighty arrest. A couple of years ago down here a cop wrote a DUI on a guy sitting on his cooler at the beach after he had a few beers. He wrote the DUI because the cooler had 2 wheels on it!! Give me a break!! Luckily for this guy, the Judge laughed it out of court but probably only after the poor guy spent 5K to defend himself. Were's the justice here? The 2 sets of rules that exist also don't sit right with me, 1 for the average Joe and the other for cops/politicians. And believe me they do exist, I've seen it first hand more than once. I have one more injustice to highlight while I'm at it. If someone has had too much to drink and decides to NOT drive and sleep in their car, how can they be charged with a DUI? The car is NOT RUNNIG, they are NOT DRIVING and they are NOT on the road. How can this possibly be a DUI? I don't get it!!

[Dave Rifkin]

[ QUOTE ]
DUIs' in their own right are serious offenses and should not be taken lightly. However, it has become a huge money making machine for the cops, courts, lawyers and insurance industry. I don't believe DUI's should be written for riding a lawn mower in your own yard, riding a bicycle or skateboard, riding a horse on a private trail or even roller skating. The LE community has become overzealous, unfair and sometimes down right ignorant in their pursuit of the almighty arrest. A couple of years ago down here a cop wrote a DUI on a guy sitting on his cooler at the beach after he had a few beers. He wrote the DUI because the cooler had 2 wheels on it!! Give me a break!! Luckily for this guy, the Judge laughed it out of court but probably only after the poor guy spent 5K to defend himself. Were's the justice here? The 2 sets of rules that exist also don't sit right with me, 1 for the average Joe and the other for cops/politicians. And believe me they do exist, I've seen it first hand more than once. I have one more injustice to highlight while I'm at it. If someone has had too much to drink and decides to NOT drive and sleep in their car, how can they be charged with a DUI? The car is NOT RUNNIG, they are NOT DRIVING and they are NOT on the road. How can this possibly be a DUI? I don't get it!!

[/ QUOTE ]

I always heard they could only be charged in that scenario if they had their car keys in the ignition; that is considered intent to drive which is why they receive the citation.
I could be way wrong but, that's always been my understanding.

[704EVER]

Dave, that's not the case, at least not here in Fl. I know a guy they charged with a DUI and he didn't even have his keys, he lost them or someone else at the bar picked them up by mistake. He didn't have them so he sacked out and got the knock, knock on the window at 4am by the cops riding through and they wrote him up anyway. That's just not right in my book. Especially knowing what they get away with on the other side of the fence.

[704EVER]

On a side note, consider what you're saying here. Even if someone did have the keys in the car and maybe even in the ignition how can you convict someone of something they haven't done? That's like saying if you have a gun with a carry permit and they confront you in front of a bank, can they charge you with bank robbery because you might have robbed it? How can they prove intent here? The spirit and intent of this law has become a nightmare for many people and in my opinion, it needs to be rewritten and applied uniformally to one and all. The abuse of this law is way out of hand, just my .02 on it.