Volvo 1999 S70 headlight question for criminal motion to suppress on an OUI (or DUI)

@wheresrick You’re calling me out? You’re calling me out? Just because I have an opinion on what I think is general fairness in the legal system, doesn’t mean that I drink and drive or condone driving while impaired. The most I ever have is a glass of wine with a meal or a hard lemonaide. Never more than one. Had a wedding reception Saturday. Had one glass of wine over 5 hours. For rehersal dinner I had 25% of a hard lemonaide during dinner over two hours. I’m a normal person, not a CDL. Never smoked or used drugs either. I was stopped when I was 17 and the guy even searched my car. We hadn’t had a drop to drink but he said he thought he saw a bottle when we were coming out of the drive in. I respect police but they pull stuff all the time and they work for me not the other way around. Maybe I’m a little soft though because I think the guy driving the easy chair and the lawn mower should not have been arrested. Same thing for the guy on the horse.

@wheresrick, my point is not that someone should not be penalized if they’re in the wrong. It’s simply that without probable cause there is an open door for law enforcement to do what they want.

I’ve been arrested twice in the past and jailed once overnight. There was zero probable cause for stopping me and at the time and apparently the police were upset that I did not have any alcohol or drugs on me; after 3 friskings and 2 car searches. I was taken to jail and they would not even tell me what for. The supervising officer just stated to jail me and he would “worry about what charges later”. After bonding out the next morning they told me I had 2 traffic violations (bogus) and a concealed weapons charge.
What was the concealed weapon? A lug wrench in the trunk for which the supervisor had asked, “whose head are you planning on busting up with this” during the original search.
Showing up for court a few weeks later the DA did not even want me in the courtroom. The bail money was refunded and I got an apology “for any mistakes and inconvenience this might have caused”.
(I might add that as they took me into the elevator to go upstairs to booking there were 3 cops in the elevator and one of them pulled a knife on me, stuck it up to my face, and then asked if the hippie wanted a haircut. I was guilty of long hair; not guilty on the hippie count.)

The second time me and a friend were stopped after being tailed for 15 miles in southern Kansas.
The 2 deputies told us to go to the courthouse in Wellington and refused to say why we were stopped in the first place. At the courthouse we both had to submit to mug shots, fingerprinting, and then placed in a small room while being told to keep our mouths shut when we asked again what this was all about.
After an hour we were released and told we could go on our way. Asking why we there again, the deputies told us that we “matched the descriptions of a couple of bad check writers in the area”.
Really? Two Caucasian guys in a maroon Chevy pickup are being mixed up with a couple of African Americans in a brown Buick sedan?

My gut feeling is that if you or anyone else went through something like this the attitude about probable cause would be different.
If I had it to do all over again, I’d sue the beejeezus out of them.

@asecular

CDL = Commercial Driver’s License

While bus drivers have a CDL, not everyone with a CDL is a bus driver

I have a Class B air brake stick shift CDL, but I’m not a bus driver

I need it for my job as a mechanic, because I have to drive the class 8 vehicles I’m working on

So where do you suppose @wheresrick disappeared to after calling everyone else out?

Why am I so worried about a false dui accusation ?
Because that’s what they do around here. The single first assumption ( equivilant to profiling ) is drunk driving solely because there’s so much of it around here .
------ since I stopped playing in country rock bands every weekend in all the local bars, weddings, and graduations I’m not so worried any more. BUT back then, as a long haired guitar playin musician out and about at the exact same time as all the worst drunks and comming from the same bars, and driving through the same road block dui traps…it was a very real possibility. As the years went by and more and more local cops did not know me already, the scenario looked even bleaker.

Why am I so worried about a false dui accusation ?
Fighting that , even winning, is a long and expensive row to hoe.
Even having the charge on the record will take my insurance rates through the roof and make license renewal a headache too.
Getting that charge completely off the record is near impossible.

AND, Rick, stop accusing me of advocating for drunk drivers. NOT ONCE did I ever say or imply that.
This is one of the worst areas in the country for that and has been hotly debated over the years just what different to do about it.
Even taking away their license AND their vehicle ( if it was even theirs to start with ) doesn’t stop them. They just hop in someone else’s truck and off they go , over and over. Drunk driving is a VERY big deal out here, Gallup NM, four corners reservation.

I agree with Ken - while drunk driving is bad, the legal system is tilting too far in prosecuting those cases, especially if they go with even tighter blood alcohol levels. As soon as somebody is charged (not convicted) it’s scooped up on the internet and enters the records of companies set up for the sole purpose of scouring the internet for incriminating information, regardless of merit. Getting charges dismissed does nothing to remove those records.

@asecular

Because I have a better lawyer than you. I live in a jurisdiction where it's legal to drink and drive. If that bothers you, too bad. If criminals getting off bothers you, too bad. You're a one-note Nancy with your strong wrists and you're rapidly becoming a Mrs. Grundy.
Wow, you guys are making me look like one of the reasonable people. I'm gonna claim my victory and swerve home.

Well my suspicions were confirmed, the reason why asecular is so adamant against punishing drunk drivers is he is himself one of them as he admitted here. Theres nothing more I can say except…

  1. What is a mrs. grundy?

  2. Cdls are for bus drivers as well as truck drivers. I am a Lineman, I drive a 34,000 lbs line truck as part of my job duties and I make wonderful money doing it.

  3. Buddy, go ahead and call me a nancy, I work with high voltage, freehand climb 70-80 foot poles toting up 40lbs of gear, and I make six figures doing it, You don’t impress me.

  4. I have a class A cdl. You probably can’t get one due to your intoxicated driving.

  5. I hope you don’t kill or injure someone while driving intoxicated. Please seek help.

@kengreen

Ok, Ken, around here you wouldn’t get a dui if you werent drinking so thats why I was confused. I apologize for labeling you a DUI sympathizer. I really do. I get emotional about the subject. Thanks for being a sober responsible driver.

@bing

Im still here, I have been busy working. But im off tomorrow so if you wish to debate further we will be here in a more timely manner for you.

@texases

I agree with Ken - while drunk driving is bad, the legal system is tilting too far in prosecuting those cases, especially if they go with even tighter blood alcohol levels.

Its simple, dont drink and drive. No worries then. Thats my point.

As far as being falsely accused? Maybe we should legalize murder, many innocent people have been convicted of murder.

@asecular

And, this is the important thing, why have you been pulled over 20 times in 27 years? Maybe you're not the model we should be following. I haven't been pulled over since the early 1980s, for an inspection sticker, and I had drugs in the pocket on the driver's side door and was flying high on the Mary Jane. So you've only been driving since I stopped getting pulled over, and been pulled over 20 times. You're not making your argument here.

I have been pulled over because I used to drive like an idiot and had a car that was a police magnet. Many of the times I got pulled over was due to the car. IE loud muffler, no hood, ect…

I don’t claim to be an good example, except for sober driving. I never drove intoxicated, ever. It soo simple, just don’t drink before driving.

So you drink and drive and drive high. Your not making an good argument either, you have actually proven my point, Thanks for making it so easy.

@bing

I still don’t get why you are afraid of a dui then. If what you say is true you should not worry.

Did you get arrested when you were 17? did the cop frame you?

I shouldn’t have jumped to a conclusion about you, its just a subject I am very passionate about and I get jumpy. I apologize to you Bing.

There was a drunk driver that hit a school bus 25 years ago and killed over 20 people and injured many others. He got less than 20 years in jail. Not bad for killing 20+ people. He said he was just glad to have his life back after getting out of prison, typical drunk driver talk, only think about themselves.

I believe getting on the road after drinking is one of the most selfish things a person can do, I am not a perfect person, but how hard is it to abstain from alcohol if you will be driving? People put their addictions ahead of everyone else and its frustrating.

I have seen a person hurt badly in a alcohol related crash, the person who hit them was ok of course. It had nothing to do with the fact they had been drinking according to the drunk, the road was slick and they blamed it on that. Same story and it gets really old.

Again I am sorry Bing.

@db4690

You are obviously one here that does not condone drinking and driving, for this I commend you. Thanks. We need more people like you on the roads.

I’ve heard that you can tell when someone is being a troll (broad definition) by the number of posts in a row.

@capriracer

I assume you are referring to me, The reason why I posted so many times in a row is because I was trying to address comments separately. If you would have read any of them you would have figured that out.

ease up on the discourse. it is ok to be passionate, but you are convincing noone to be different than their existing beliefs. some feel it is ok for a beer, then drive. others feel not a single drop is ok. others worry about the inappropriate hassles. let this topic rest please

There’s just one problem with the logic we all know about not driving if we’ve had a few .
The word LOGIC.
After having a few…people do NOT think logically anymore.
For you to state here that you yourself would choose to not drive after you’ve had a few is actually laughable , because ?
----- This I have seen day in and day out as a stone cold sober bar and club employee attempting to reason ( ha ha ) with anyone who’s had too much and is trying to leave the bar on their own.
1 > they have no logic
2 > they have no reasoning

We have to literally fight with them to get their keys.
They no longer remember any phone numbers of people who could come and get them.
A taxi driver has a hard time ( if at all ) getting a tangible address from them.


Designated driver ?
HA !
Around here that only seems to mean the one of you who is the least drunk.
In all my years working in the bars ( 1972 - 2002 ) I’ve seen maybe…maybe one true, non-drinking yet at the bar partying, designated driver.

@WheresRick

Like you, I need to maintain my CDL for my job. It took me quite awhile to land this great job, and I’m not about to risk everything. There was a guy who lost his job because he permanently lost his CDL due to DUIs. During that time, he fell on hard financial times. He was finally hired back, in another position that didn’t require a CDL, but paid far less. He used to have a good life, but now he’s barely scraping by.

That said . . .

Everyone is entitled to their own opinions

Everyone is free to make their own decisions

@gdawgs

But im not talking about having one beer and driving, Im talking about driving while legally drunk, Like the person in the volvo was. They got caught and are trying to do anything to get out of it, There were a few people that sympathized with the volvo driver and I was stating my view.

@DB4690

Like you, I need to maintain my CDL for my job. It took me quite awhile to land this great job, and I'm not about to risk everything. There was a guy who lost his job because he permanently lost his CDL due to DUIs. During that time, he fell on hard financial times. He was finally hired back, in another position that didn't require a CDL, but paid far less. He used to have a good life, but now he's barely scraping by.

DB, we had a guy here that did the same thing, he actually hit one of our poles while drunk and left the scene, It was caught on a store security camera so he got charged with it but he would never admit he was drunk. He got fired and was almost unemployable in our field for almost 5 years. No one liked working with him anyway, he was a nice guy and a good person, but most mornings his performance suffered due top the previous nights drinking.

That said . . .

Everyone is entitled to their own opinions

That is true.

Everyone is free to make their own decisions

I agree, as long as it doesnt endanger anyone else. I am one that feels all drugs should be legalized. I don’t use drugs, nor would I if they were legal, however the laws don’t stop people and if you want to get on meth and loose your teeth and ruin your body, I don’t care, as loing as you don’t endanger anybody.

I am far from a perfect person, im moody,irritable, at times irrational, and im a idiot. I am good at what I do for a living and have been very successful. I have endangered people with my driving in the past, mostly myself, but others as well. I grew up and got responsible and see how stupid I was.

Most of the tickets I got were not for speeding, but for exhibition of speed. I always found that humorous. Exhibition of speed sounds like a carnival sideshow.