DUI in Parker?

[Faceaz]

I could use some legal advise (maybe from Larry H. Parker) & thought there's no better place to turn than the people of HB. I got pulled over tonight & got a DUI just S. of the keys. Initially @ the car I blew a .084 (.08 is legal), when we got to the office I blew a .06 twice! I still got a DUI & have to go to court, I will not have my license suspended because I was under @ his office & he released me to my wife for the night. If I'm found guilty, I still have to serve 24 hrs in jail & go to a alcoholism class. Any suggestions for beating this? ~ Thanks

[Danhercules]

Post on boatcops website.

[Faceaz]

I was on the road - Riverside Dr.

[67weimann]

well here's the deal. AZ is a ZERO tolerance state so if they can prove that you were under the influence to the slightest degree, you get a DUI. That's it. If you were stopped and they had a legit reson to stop you, bend over and just take it. Ain't no getting out of it.
What were you stopped for?
Sorry to rain on your parade but the only way to get out of it is to not do it to begin with...I paid 10,000 to a lawyer to get my last one dropped from extreme to DUI under .08..
I ain't preaching don't drink and drive only saying suck it up...

[Faceaz]

Not exactly what I was hoping to hear. What was I stopped for - you name it - I was riding a dirt bike on the road, no registration, no eye protection, didn't have my license on me, etc. - not more than 200ft from our house. Cop was real nice - just doing his job, but he basically told me the same thing.

[67weimann]

yeah sorry to hear man...
well you are gonna get popped for it and I wouldn't get any legal aid. Just go in there and plead "no contest"!
You can try and fight it but if you don't have a legit reason to fight, you're wasting your money. I know it sucks but, there isn't any real beating the system on this one.

[Trailer Park Casanova]

You asked here and this topic has been reviewed closely.
No one here could name someone they knew, or is a regular on this site has beat a DUI,, even the lawyers representing themselves as DUI specialists have never even beat their own DUI's.
It's a new era,,
It's about $30 grand to fully fight the charge according to the reliable posters on HB's.
If you fight it, they go for calibration of the testing devices,, training of the officer, ect ect, that phase is called discovery.
I assume it was Parker PD being South of the Keys, and they only do three things:
1. Man speed traps
2. Bust for DUI's
3. Domestic Violence/family dispute calls
SO:
They probably have their act together and polished, and can easily sail through any discovery requirements by the court because they've done it many times before.
Even if the PD's discovery case is week it doesn't mean squat:
It's a small town court in a high DUI area.
You make the call,,

[YeLLowBoaT]

do you know how long it was from your 1st test to your 2nd. unless the officer skrewed up somewhere thats the only way I can seeing you get off. IE the 1st test was messed up. alky has a pretty standard motablizm rate.

[Faceaz]

I was thinking along the same lines. My first test was approx. 30 to 40 minutes before the second. The officer said typically it wears off @ a rate of .01 per hour, but mine went down .024 in 30 minutes. It was by La Paz County Sheriff's Dept. Seems like a long shot, but may be my only argument?

[deltaAce]

I'm not positive on this but I believe the #s on the pocket device
is the invitation to get you to the real machine at the station. That
one is legally calibraited to serve as evidence in court. The D.A. will
probably plea bargin you to a lesser charge based on the #s
shown at the station. Plead not guilt & seek council w/ attorney,
or public defender.

[67weimann]

True, the portable device is not what will bge used in court, only the test given at the station. But once again, ZERO tolerance is the key here. You can blow .0000000001 and get a DUI if they can prove you were impaired to the slightest degree like you were riding a off-road vehicle on a public roadway. How do you fight that.
"Really you're honor I was completely sober and in my right mind. I know riding my bike on the road is illegal but can't you let me off this time?"
Do you have any prior offenses of any kind?

[Boatcop]

I assume it was Parker PD being South of the Keys, and they only do three things:
1. Man speed traps
2. Bust for DUI's
3. Domestic Violence/family dispute calls
If it was the Keys it was the Sheriff's Office. And believe me, we do a whole hell of a lot more than that.
You can blow .0000000001 and get a DUI if they can prove you were impaired to the slightest degree
Not true. If you are under .05% the law presumes you are NOT impaired, the same way it presumes you ARE if above .08%
The results of the preliminary Breath Test (on the side of the road) are not admissible in court. Only used to determine if alcohol is causing the impairment.
At your initial appearance, (the date is on your ticket, but can be done anytime between now and that date):.......
4 things you can do:
1. Plead Guilty or no contest. You'll do 24 hours in jail. Alcohol Screening, Fine, and a hit on your license.
2. Plead not guilty, hire a lawyer, go to court and take your chances. If you lose, same as above and over $5,000 in lawyer fees.
3. Plead not-guilty, hire a lawyer, have it dropped to reckless driving, same punishment as above, but no DUI on the record, about $2,500-$3,000 in lawyer fees.
4. Plead not-guilty, contact the County Attorney's Office yourself and offer to plead down to Reckless driving. Same punishment, but no lawyer's fees. People have done it in the past.
Finally, don't drive after drinking and keep the off road stuff off road.
This is a pretty sensitive issue right now. A few nights ago some guy on an dirt bike drove off a cliff right in that area (behind the post office-water company) and killed himself. We're pretty sure he was drunk, but waiting for autopsy.
We just got the State statistics and La Paz County leads the state in per-capita fatal traffic accidents, alcohol related fatal accidents, alcohol related accidents, AND DUI arrests. (occurrences per 10,000 population)
The above is for traffic accidents, etc. For boating we're lowest in the state in accidents.
Good Luck. Wish I could tell you more, but there's a conflict of interest.

[Trailer Park Casanova]

[QUOTE=Boatcop]
Not true. If you are under .05% the law presumes you are NOT impaired, the same way it presumes you ARE if above .08%
QUOTE]
-Looks like us Sea Lawyers are wrong again,, and it looks as if you have something to work with too,,

[Trailer Park Casanova]

[QUOTE=Boatcop]
Not true. If you are under .05% the law presumes you are NOT impaired, the same way it presumes you ARE if above .08%
QUOTE]
-Looks like us Sea Lawyers are wrong and talking thru our ass again,, and it looks as if you have something to work with too,,

[Faceaz]

If it was the Keys it was the Sheriff's Office. And believe me, we do a whole hell of a lot more than that.
Not true. If you are under .05% the law presumes you are NOT impaired, the same way it presumes you ARE if above .08%
The results of the preliminary Breath Test (on the side of the road) are not admissible in court. Only used to determine if alcohol is causing the impairment.
At your initial appearance, (the date is on your ticket, but can be done anytime between now and that date):.......
4 things you can do:
1. Plead Guilty or no contest. You'll do 24 hours in jail. Alcohol Screening, Fine, and a hit on your license.
2. Plead not guilty, hire a lawyer, go to court and take your chances. If you lose, same as above and over $5,000 in lawyer fees.
3. Plead not-guilty, hire a lawyer, have it dropped to reckless driving, same punishment as above, but no DUI on the record, about $2,500-$3,000 in lawyer fees.
4. Plead not-guilty, contact the County Attorney's Office yourself and offer to plead down to Reckless driving. Same punishment, but no lawyer's fees. People have done it in the past.
Finally, don't drive after drinking and keep the off road stuff off road.
This is a pretty sensitive issue right now. A few nights ago some guy on an dirt bike drove off a cliff right in that area (behind the post office-water company) and killed himself. We're pretty sure he was drunk, but waiting for autopsy.
We just got the State statistics and La Paz County leads the state in per-capita fatal traffic accidents, alcohol related fatal accidents, alcohol related accidents, AND DUI arrests. (occurrences per 10,000 population)
The above is for traffic accidents, etc. For boating we're lowest in the state in accidents.
Good Luck. Wish I could tell you more, but there's a conflict of interest.
Thanks for the advise, I just barely missed that .05. I think I'll try option #4, since getting off seams like a long shot anyway. No priors of any kind. Any ideas for why my alcohol level dropped so much in such a short amount of time? My wife, who's 90lbs less than me & drank the same amount, blew a .07. But, can't let it ruin a weekend, we're looking forward to watching the races this weekend. ~ Thanks,

[Cole Trickle]

There not giving you the DUI based on the first or secon breathalizer test.
Did you do a field sobriety test? If yes this is what got you written up along with what you blew on the calibrated macine.
If you wouldn't have taken the field sobriety test and blew a .06 on the calibrated machine it would be harder to convict you.
I wen't through this in a boat 4-5 years ago and beat it.I blew a .06 on the boat and based on there test I was intoxicated.(The statistics say that 80% of sober people fail the field tests....It was not Boat Cops department that pulled me over but the people that did were a joke and the test was a sham)
They couldn't find a mouth peice for the calibrated machine at the docking station on memorial weekend and drove me into Parker Jail. Once there I blew .04 back to back. (They did this asuming my BOL was rising)
After I blew that the gentelman said ok I guess we cut him loose....The lady Ranger said no way and wrote me up for BUI and Recklesss driving.
Sadly they dropped me back off at the dock 20 minutes after they wrote me up and pushed me off behind the wheel of the boat.(My crew were there and I was the sober driver)
Cost me about 3K and took less than 2 weeks to beat it.(We hired a DUI lawyer out of havasu)
What really bummed me out was the flat out lies in the report. :cry:
My recomendation to anyone that gets pulled over is to be very courteous accept the breath/blood test and decline the field sobriety test on account of it being designed to make people fail.
Good luck..I would talk to council and see what they think.(I think based on what you blew you have a chance...If you would have blown a .10+ your screwed)

[Faceaz]

There not giving you the DUI based on the first or secon breathalizer test.
Did you do a field sobriety test? If yes this is what got you written up along with what you blew on the calibrated macine.
If you wouldn't have taken the field sobriety test and blew a .06 on the calibrated machine it would be harder to convict you.
I wen't through this in a boat 4-5 years ago and beat it.I blew a .06 on the boat and based on there test I was intoxicated.(The statistics say that 80% of sober people fail the field tests....It was not Boat Cops department that pulled me over but the people that did were a joke and the test was a sham)
They couldn't find a mouth peice for the calibrated machine at the docking station on memorial weekend and drove me into Parker Jail. Once there I blew .04 back to back. (They did this asuming my BOL was rising)
After I blew that the gentelman said ok I guess we cut him loose....The lady Ranger said no way and wrote me up for BUI and Recklesss driving.
Sadly they dropped me back off at the dock 20 minutes after they wrote me up and pushed me off behind the wheel of the boat.(My crew were there and I was the sober driver)
Cost me about 3K and took less than 2 weeks to beat it.(We hired a DUI lawyer out of havasu)
What really bummed me out was the flat out lies in the report. :cry:
My recomendation to anyone that gets pulled over is to be very courteous accept the breath/blood test and decline the field sobriety test on account of it being designed to make people fail.
Good luck..I would talk to council and see what they think.(I think based on what you blew you have a chance...If you would have blown a .10+ your screwed)
Afterwards, I asked the sheriff what would have happened if I declined the initial test. He said if any test is declined, it's an automatic 1yr suspension on your license. I don't know if that's a recent law, but I can't afford to lose my driving privilage. The sheriff actually put it very well - he said people come here & tend to think of it as a resort - where the rules are more relaxed. He's probably right, I definately would have thought twice about doing this in Huntington - just a lapse in judgement on my part. Thanks for the advise.

[Hal]

Just ran across this on AOLs home page. About the same thing as Alan was saying.
http://www.1800duilaws.com/article/how_to_beat_dui.asp
http://www.duirights.com/

[Moneypitt]

I do not advocate DUI/BUI, but IMO it is all about the Money, the almighty buck. The money you pay for attorney fees, fines, classes, impounds, probation, license reinstatement. It is a never ending cycle. The possible defenses listed in the first link are good ones, with a highly skilled, experienced attorney that can lean things your way in front of a jury, you might have a chance. The biggest problem is the jury/judge will give more weight to any officers account of the circumstanses than yours. Here in Ventura county a few years ago there was an uproar about an officer that used the exact same text in all his DUI reports, word for word, and it was finally discovered by a defense attorney that happened to be defending 2 or 3 of that officers arrestees and noticed the simularities in the reports. Guess what, the ex DA judge didn't care and refused to listen to arguments about misconduct and/or unfairly written reports........I think the 2nd district court of appeals corrected the judges decision and threw the cases out. You can win, but it is very tough to win against public opinion that feels a zero tolerance is the best policy, and that public is what makes up the jury pool, and also casts ballots for judges based on their performance. Best win/win situation, don't drink and drive/boat, period...........MP

[Trailer Park Casanova]

I do not advocate DUI/BUI, but IMO it is all about the Money, the almighty buck. The money you pay for attorney fees, fines, classes, impounds, probation, license reinstatement. It is a never ending cycle. The possible defenses listed in the first link are good ones, with a highly skilled, experienced attorney that can lean things your way in front of a jury, you might have a chance. The biggest problem is the jury/judge will give more weight to any officers account of the circumstanses than yours. Here in Ventura county a few years ago there was an uproar about an officer that used the exact same text in all his DUI reports, word for word, and it was finally discovered by a defense attorney that happened to be defending 2 or 3 of that officers arrestees and noticed the simularities in the reports. Guess what, the ex DA judge didn't care and refused to listen to arguments about misconduct and/or unfairly written reports........I think the 2nd district court of appeals corrected the judges decision and threw the cases out. You can win, but it is very tough to win against public opinion that feels a zero tolerance is the best policy, and that public is what makes up the jury pool, and also casts ballots for judges based on their performance. Best win/win situation, don't drink and drive/boat, period...........MP
I agree.
My only gripe is that if they want to impose a brutally harsh penalty for first time offenders, then they need an expungment option if the offender stays outta trouble for a set amount of time.
The almost death penalty that is imposed now is too harsh. Way way to harsh.
Fleeing offenders trying to avoid the brutal penalty may take out a family in a mini van. For what??

[SandbarScot]

People reading this should be aware that Boatcop is quoting Arizona law. California DUI laws differ in some areas. For example, there is no presumption of innocence for those testing under .05% All states vary.

[CBadDad]

What really bummed me out was the flat out lies in the report. :cry:
This is why the only way to avoid a DUI and all of the B.S.that goes with it, is to not drink and drive. Period. It really is as simple as that.
It is a shame that the repeat offenders get nothing more than a slap on the wrist. I guess once you're marked as a DUI'er, why change, the punishment is gonna be much worse next time.

[Boatcop]

I agree.
My only gripe is that if they want to impose a brutally harsh penalty for first time offenders, then they need an expungment option if the offender stays outta trouble for a set amount of time.
The almost death penalty that is imposed now is too harsh. Way way to harsh.
Fleeing offenders trying to avoid the brutal penalty may take out a family in a mini van. For what??
I look at the DUI (and OUI) laws as a deterrent, rather than a punishment. If it was a $50 dollar fine, it would give everyone a pass on the first time, and people would think it's no big deal. Make it hurt and people will (sometimes) think twice before doing it.
That's the main reason that alcohol screening is required upon a conviction. It may just be a wake up call for someone who doesn't realize the extent of their problem. (If one exists)
I seriously doubt that anyone who's ever been arrested for DUI or OUI had it happen on the first time they drove drunk. In reality it's probably their 10th or 20th offense. (or more)
It was only the first time they were caught.

[hoolign]

First thing you should do is quit your fukkin sniveling and suck it up pumpkin..ya were drinkin and drivin..and got nailed.. lucky your not posting that you ran over a kid! Never ceases to amaze me.. take a chance..get nailed.. :cry: :cry: :cry: We're all adults..we all know the risks.. and the consequences..yet still snivel about it ..why? cause the cards weren't in our favor. LMFAO! Probably gonna quit drinkin now too LMFAO

[SK48]

If you want a good local attorney in Parker that will do a good
job for you call John Churchill. It would be worth a few bucks
to consult with him before going to court.

[vee-driven]

a few years back my buddy got a dui in parker going across the street in a golf cart to the circle K to get some more beer, ironic haw, he was around the limit and he got it dropped to a wet and reckless. i think that is the best you can hope for.

[SHOTKALLIN]

First thing you should do is quit your fukkin sniveling and suck it up pumpkin..ya were drinkin and drivin..and got nailed.. lucky your not posting that you ran over a kid! Never ceases to amaze me.. take a chance..get nailed.. :cry: :cry: :cry: We're all adults..we all know the risks.. and the consequences..yet still snivel about it ..why? cause the cards weren't in our favor. LMFAO! Probably gonna quit drinkin now too LMFAO
i'll drink to that

[ColeTR2]

I was riding a dirt bike on the road, no registration, no eye protection, didn't have my license on me, etc.
It probably didn't help that last week at night someone was drunk riding a dirt bike about a mile from where you where stopped and got KILLED. :skull: So maybe your the lucky one! Boatcop do you have any info on this?

[SoCalSouthpaw]

First thing you should do is quit your fukkin sniveling and suck it up pumpkin..ya were drinkin and drivin..and got nailed.. lucky your not posting that you ran over a kid! Never ceases to amaze me.. take a chance..get nailed.. :cry: :cry: :cry: We're all adults..we all know the risks.. and the consequences..yet still snivel about it ..why? cause the cards weren't in our favor. LMFAO! Probably gonna quit drinkin now too LMFAO
Insensitivity like this will not get you invited to Faceaz' Christmas Dinner. :D :hammer2:

[Faceaz]

First thing you should do is quit your fukkin sniveling and suck it up pumpkin..ya were drinkin and drivin..and got nailed.. lucky your not posting that you ran over a kid! Never ceases to amaze me.. take a chance..get nailed.. :cry: :cry: :cry: We're all adults..we all know the risks.. and the consequences..yet still snivel about it ..why? cause the cards weren't in our favor. LMFAO! Probably gonna quit drinkin now too LMFAO
No sniveling here, I'll own up to it. I'm just looking for my best possible scenario, as anybody would. I'm not going to go to the judge and say give it to me, I deserve it.

[Community]

You talking about the guy who rode off the mountain behind the Cricle K? The bike was still on the side of the mountain on Friday. They say he may have been terminally ill? Not sure - but sad either way.
I have to say, its pretty cool of BoatCop to come on here and give straight forward answers with no BS - very informative.
I would be curious to know if its true about the automatic suspension of a license for decling a FST? What if you go down to the station, blow nothing because you are sober? Why would they suspend a sober person's license? Yes, if you were sober, you would not have a reason for declining other than if you thought you were being harassed or something???

[460 jus getn it]

Like some have said, AZ is a zero tollerance state, I got a dui 4 years ago. Blew a .11, blood test was a .147 you do the math, something was wrong never the less tried to bet it and lost. 15,000 in fees and fines, 4 days in tent city and a host of classes. i was jailed again for a warrent 2 years later cause to place i did my classes at failed to report to the courts. So i did 32 hours of classes. My lic was suspended for 90 days(first 30 no driving) 60 of to and from work, school, etc. Yea it sucked, its crazy to see the lies on my report makes you think. Just my 2 cents, conslut with an laywer first before you go in.

[Boatcop]

You talking about the guy who rode off the mountain behind the Cricle K? The bike was still on the side of the mountain on Friday. They say he may have been terminally ill? Not sure - but sad either way.
I have to say, its pretty cool of BoatCop to come on here and give straight forward answers with no BS - very informative.
I would be curious to know if its true about the automatic suspension of a license for decling a FST? What if you go down to the station, blow nothing because you are sober? Why would they suspend a sober person's license? Yes, if you were sober, you would not have a reason for declining other than if you thought you were being harassed or something???
There is no license suspension for refusing FSTs or even the roadside preliminary breath test. (unless the roadside breath test is on a certified intoxilyzer unit) You are not required by any law to do them. They are simply an investigative tool. But the fact you refused the tests can be introduced at trial.
The only suspension is for refusal of the intoxilyzer, or other admissible test (or tests) of the Officer's choosing (12 months) or testing above a .08% (90 days). A second refusal within 84 months (7 years) results in a 2 year suspension.
The guy on the motorcycle who was killed was not terminal, but was a heavy drinker and off his meds. We'll know more when the autopsy is done.