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To Blow or Not to Blow (NTTAWWT; split from JT Barrett)

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maximumblitz

maximumblitz

Buckeye Samurai of Big League Blitzkreig
Hetuck said:
They should probably teach the players to never blow, though, unless they haven't had anything to drink.
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"Haven't had anything to drink" must include just one beer?

I think bad stuff happens now if you don't blow.

I was pulled over on a beggar's night for driving slow (a very rare thing). Happened to fall on Friday night, when some other event in town was going on, so the police evidently decided to go a little overboard. Hadn't had a drink for maybe 6 years. Policeman commented that my eyes were bloodshot (a lie). He asked me to blow, and in total disbelief, I said "whatever". So he said that he took that to mean yes. The officer seemed disappointed after looking at the result and just walked away. So if I said "no", then I get arrested for probably cause ("bloodshot eyes" and driving slow) and loose my license for a year, as I read about it afterward.
 
A good rule to follow; don't blow.


Edit - JT seems to be a good guy and hopefully this will forge him into a better leader than he was even before this incident. And I don't think one loses how to be a damn good leader after a speed bump or two.
 
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maximumblitz said:
"Haven't had anything to drink" must include just one beer?

I think bad stuff happens now if you don't blow.

I was pulled over on a beggar's night for driving slow (a very rare thing). Happened to fall on Friday night, when some other event in town was going on, so the police evidently decided to go a little overboard. Hadn't had a drink for maybe 6 years. Policeman commented that my eyes were bloodshot (a lie). He asked me to blow, and in total disbelief, I said "whatever". So he said that he took that to mean yes. The officer seemed disappointed after looking at the result and just walked away. So if I said "no", then I get arrested for probably cause ("bloodshot eyes" and driving slow) and loose my license for a year, as I read about it afterward.
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I'd always heard that refusal to take a breathalyzer is the same as blowing a positive.
I've always heard (from lawyers) that it's easier for them to fight the refusal to blow than it is for them to fight the positive.
 
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If you've drank - do not blow. You will forfeit your license for a year in Ohio instantly by refusing, but, it becomes increasingly difficult to be convicted without a breathalyzer or field test as evidence. "My attorney advised I don't preform any tests." 101.. c'mon fella's. Drawing blood from your body - whether you want it or not - changes the game a bit, though.
 
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Zurp said:
I'd always heard that refusal to take a breathalyzer is the same as blowing a positive.
I've always heard (from lawyers) that it's easier for them to fight the refusal to blow than it is for them to fight the positive.
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This. Barrett blew so afaik the only thing his atty can do is challenge the breathalyzer itself -- has it been properly calibrated and maintained, that sort of thing. Obviously, if you've had nothing to drink you can go ahead and blow. (Although there have been instances of people blowing 0.0 and being busted anyway.) If you've only had one drink then you're also okay but how many people, especially college kids, ever stop at just one?

If you've had two or three and think you're probably okay, don't take the risk. Don't blow. Yes, you're going to lose your license for a year. You'll have permission to drive to work or school, etc. And a year goes by pretty fast. Get charged with DUI and you're pretty well fucked. The costs and the hassles are outrageous. Don't blow, let your atty plead down to reckless op and keep that DUI off your record.
 
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Never blow. Suspension of the license is the least of your worries if you do blow.

I got pulled over speeding on St Patricks Day a few years ago, was doing 62 in a 45 around 11pm on my way home from a wake I was at that day for my boss's grandmother (who helped start our company).

While I was getting my insurance and license out for the officer who pulled me over (Broward Sherriff), I was then taken by surprise with a "DUI Task Force" officer (Coconut Creek Cop) demanding I get out of my vehicle.

He made me do 5 field sobriety tests, I passed them all, yet according to his report I didn't. Thank goodness for dash cam since my lawyer eviscerated the officer on the stand so bad pointing out the cops outright lies about what happened verses what was on camera that 6 months later this cops whole arrest record was brought into question because of the tactics he used in my arrest. Last I heard he is no longer working in South Florida as an LEO.

Anyway, I refused to blow since no matter what I did this cop had a hard-on to book me. Due to the refusal, I got sent through the year of bullshit "classes", then they tried to force me into alcohol addiction therapy afterward. I told them to pound sand since I was acquitted of all charges, and once they found that out, I got a ton of refunds and a big apology from the state.

One thing that stuck though was the 1 year suspension of my license, since it does state in the fine print that by accepting the Driver's License, you must submit to any breathalyzer or get a 1 year suspension if you refuse.

Anyway, back to JT.
 
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NJ-Buckeye said:
So if we don't blow. license gets suspended for 1 yr.. but no DUI or anything else on the driving rcd so insurance can't hammer us?
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If you don't blow, then your lawyer has a much easier time of either getting the charges dropped, getting an acquittal, or at the very least the charges reduced.

On the insurance, mine did go up due to the suspension and refusal, and the agent told me that I was considered a higher risk client in the same vein as someone who gets into a fender bender. Took 3 years before the rate went back to normal since I had not had any other tickets or violations since (save a parking ticket I got last weekend at Mizner Park in Boca for overstaying in a pay-to-park space by 15 minutes while I was at dinner. lol)
 
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By the by, there was a specific reason why his initial appearance was delayed until Tuesday. It won't be a surprise if he actually enters a plea and gets the whole thing over with then, and if it does happen, there will be some squawking about it.
 
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This probably deserves it's own thread, but for the "don't blow" discussion....you should know if you refuse to blow and you get convicted, you're convicted as if you blew the highest possible number. They still have ways of convicting without a breathalyzer, and you'll still lose your license for a year on top of whatever punishment you get for essentially blowing a 0.99999. Roll the dice if you want.
 
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BuckeyeNation27 said:
This probably deserves it's own thread, but for the "don't blow" discussion....you should know if you refuse to blow and you get convicted, you're convicted as if you blew the highest possible number. They still have ways of convicting without a breathalyzer, and you'll still lose your license for a year on top of whatever punishment you get for essentially blowing a 0.99999. Roll the dice if you want.
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Let me jump in here with a few things. So far in this thread, everyone keeps talking about the breathalyzer and whether it's a good idea to blow or not as if this is a panacea for beating an OVI charge. You actually need to have your mind made up well in advance whether to cooperate or not. And if you decide not to, you need to refuse ALL the standard field sobriety tests (walk and turn, HGN, touch the nose, etc.). Simply refusing to blow doesn't get you anywhere if you've failed the standard field sobriety tests.

Reasons being, at this point, almost every car stop is recorded and as long as the cop isn't stupid or shady, the standard tests will be on tape. So if you can't walk and turn or touch your nose, refusing to blow isn't going to mean a thing when it comes to proving the case. I can't tell you what to do, but if it were me, I'd completely refuse all tests and take my chances. It's hard to prove an OVI case if you haven't given the State any help.

You're still going to eat the license suspension, but it will be much harder for the prosecutor to hang an OVI conviction on you.
 
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I don't know if it is harder or to what degree. But I can envision a BP member getting loaded, stumbling out of the bar into his car while a cop watches, and then getting pulled over and refusing the test. All the cop would have to do is go ask the bartender how many drinks they had.
 
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BuckeyeNation27 said:
I don't know if it is harder or to what degree. But I can envision a BP member getting loaded, stumbling out of the bar into his car while a cop watches, and then getting pulled over and refusing the test. All the cop would have to do is go ask the bartender how many drinks they had.
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are we talking about @Saw31 or a regular type BP member?

Because if it's the former I can hear a bartender saying something along the lines of "who the fuck knows!?" I don't think they can bust you for that.
 
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