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Originally Posted by Augi
101 in a 65 on an open highway (scattered cars which I would slow down to pass). I had left Atlanta at 8am and had to make Boston by the end of the night so my buddy who I was traveling with could go to work the following morning. We ended up making it in about 20 or 21 hours I think. Then I had to go back down 2 weeks later for court.
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You're lucky. From what I heard, anything over 100 in the Old Dominion is supposed to be an automatic arrest. Maybe I've heard wrong and it is up to the officer's discretion.
Quote:
Originally Posted by turbovt
That's because to actually convict you in court of a DUI it has to have been a .08, but to write you a ticket or take you off the road they only need a .01 or more from the breathalizer.
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Just don't go across the Potomac. In DC, you can get a DUI for anything over .02 BAC. Zero Tolerance Policy.
Quote:
Originally Posted by turbovt
Also, the breathalizer can't be used in court. They can only use an actual measurement from the blood tests taken at the hospital.
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Brethalizer results are useable in court. Roadside breathalizers are not admissable, but the large brethalizers in the station are certainly allowed. You can request a blood test an the hospital (which is more accurate), but it is not necessary. My roomate got a DUI 4 years ago, and they used a brethalizer.
Quote:
Originally Posted by turbovt
It's actually very easy to get out of alcohol related charges in VA as long as you know how the system works.
You can always refuse a breathalizer, but if the cop THINKS you're under the influence and you choose not to take it, then they immediately take you to jail to stay the night, however, the most the cop will have on you is a ticket for reckless driving and they can never prove how much alcohol you had because they don't have the breathalizer or hospital tests.
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Yeah, but you loose your license for at least a year. You sign an implied consent form when you applied for your driver's license. Basically, it states by having the license, you agree to a brethalizer whenever an officer request. Honestly, I don't know if this also includes when you have not been driving (ie, the example about the cops pulling people out of the cab). Knowing Virginia, it probably does.
Quote:
Originally Posted by turbovt
The reason so many people get convicted is because they fall into simple question traps asked by the cops and they convict based on confessions and the answer to how much you said you had to drink. If everyone just shutup and didn't tell the cop anything and refused a breathalizer the judge could never convict.
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They can't convict you based on how much you drank. Bodies metabolize alcohol differently. There are a lot of factors that affect your Blood Alcohol Content.
I will 100% guarantee you that courts use BAC levels and brethalizer results. You don't have to believe me, but it is absolutely true.
Quote:
Originally Posted by turbovt
^^^^...you learn a lot in ASAP classes (alcohol and substance abuse program, and no, I'm not an addict, you have to take an ASAP class in VA if you get underage possession)
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Which is bullshit, and a total waste of time.