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Old 10-29-2005, 07:37 PM   #1
mostasteless
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Not a very happy birthday for me UPDATE

So I was at my girlfriend’s house last night having a couple drinks and I decided I wanted to smoke a cig, we can't smoke in her house so we go outside. Needless to say it was freezing so we hopped in my car and turned on the heat. So we are sitting in my car at 4am in front of her house with the car off but the radio on, smoking and I was drinking a beer (don't tell me I shouldn't have been drinking the beer, I am aware of this). Out of nowhere a come pulls up and nails me with the spotlight and asks if everything is alright so my girlfriend say yes and explains that this is her house and we went outside to have a smoke. The cop gets out of her car, comes up and tells me to get out of the car. She asks me if I had been drinking and I said yes, we just came out to have a smoke and it was cold so we hopped in the car. She has me do the roadside sobriety test and I pass. Then she has me stand in front of my car while she goes back to her car and she gets on the radio. She gets out of the car and pats me down and cuffs me, but before the cuffs were even on 5 more cars pull up because a 24 year old guy in cuffs and his girlfriend must be real intimidating.

They give my girl an open container and consumption ticket and tell her to go inside (she was not drinking). While I'm sitting in the back of the car the send the dog around my car and proceed to search my car. The found 2 of my girlfriends percocets in my car (she is prescribed to them), come back and ask me what they are, I tell her its my girlfriends prescription and if she knocks on her door my girl will bring out the bottle and show her, the officers response..."we will let the judge decide that".

So they tow my car from in front of my girlfriends house (I made sure they used a flat bed) and take me to the station. At the station they gave me a breathalyzer and I blew a .12, .13, and a .09. After sitting in the station nearly 5 hours they write me 2 open container tickets, 2 CDS tickets, and a DUI and tell me to come by at 5 to get my car. I get to the station at 5 today and they say they are very busy and to come back in an hour, so I do. Then when I get back at 6 they tell me the lot closed at 6 and will be closed until Monday.

Now I have to get a lawyer, go to court on 5 charges (3 of them IMO are completely unwarranted) and pay for having my car impounded for 3 days (I get to pick it up on my birthday).

Happy birthday to me.
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Last edited by mostasteless; 11-02-2005 at 11:45 PM.
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Old 10-29-2005, 07:45 PM   #2
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regardless of you being in a car with a beer, that just sounds like ****. that's an ass of a cop. sure someone could make the arguement you might drive somewhere but thats just beat.

hopefully the lawyer gets you out of it.
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Old 10-29-2005, 07:56 PM   #3
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I agree that they could make the arguement but any reasonable cop would have nailed me for the open container and told me if the car moves tonight they will issue a warrent. Its not even like I have a record that would hit that I would do something stupid (I have gotten 2 tickets cince I got my licence and was only arrested once; back in 1998). I dunno, guss she just had it in for me because I have long hair
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Old 10-29-2005, 07:58 PM   #4
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Quote:
Originally Posted by mostasteless
I dunno, guss she just had it in for me because I have long hair
I hear that. Teh long hair = bad in a cops book. It doesn't matter if there's a hostage situation, if I walk by a group of cops, they all turn their attention to me instead.
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Old 10-29-2005, 08:06 PM   #5
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john, this sucks, i'm so sorry this happened...

from what i have learned, if you are parked, you canNOT get a DUI- even if you had been driving, if you were and pulled over, that would be looked on favorably because you tried to do the right thing. i feel hopeful that a lawyer will be able to fix this- i'm just sorry it happened in the first place and that this cop was such a ****ing bitch.
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Old 10-29-2005, 09:02 PM   #6
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Where did this happen (what township, PA/NJ)?
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Old 10-29-2005, 09:15 PM   #7
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Old 10-29-2005, 10:54 PM   #8
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i definitely dont know, but i think if the keys are in the ignition then you're vulnerable with that and i assume they were if the heat was on...
thats total bs though and i'm bummed for you. i'm sure it'll get all worked out cause this is nonsense, but only after you spend how much on a lawyer? hopefully you or someone on here knows a lawyer who will take this case on and help you out...
good luck,
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Old 10-29-2005, 10:58 PM   #9
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Quote:
Originally Posted by TehWagon
john, this sucks, i'm so sorry this happened...

from what i have learned, if you are parked, you canNOT get a DUI- even if you had been driving, if you were and pulled over, that would be looked on favorably because you tried to do the right thing. i feel hopeful that a lawyer will be able to fix this- i'm just sorry it happened in the first place and that this cop was such a ****ing bitch.
Actually what I heard is that if you are sitting in the driver's seat and the keys are in the ignition, you can be charged with a DUI. Hopefully a good lawyer can get a judge/jury to feel sorry for ya on this one.
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Old 10-29-2005, 11:36 PM   #10
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Quote:
Originally Posted by ScoobyNubieToo!
Actually what I heard is that if you are sitting in the driver's seat and the keys are in the ignition, you can be charged with a DUI. Hopefully a good lawyer can get a judge/jury to feel sorry for ya on this one.
Oddly enough I met a lawyer a couple weeks ago at a hotel bar and we discussed this very issue. She said that under NJ law if you are in your car with the engine started and you are intoxicated, then this is reason enough for you to be charge and convicted of DWI. She said that if the engine is off, the officer will feel the hood to see if it is warm and determine that the engine was running and will infer that you were driving the vehicle. The problem will be for them to prove it in court, since you were not actually caught driving the vehicle.

My advice is to consult a lawyer immediately, as I have been caught driving drunk, but beat it in court. Actually all my citations were merged into a single, less severe, ticket. It cost me $2500 for a lawyer plus another $500 to hire an expert, but it was worth it. I learned a huge lesson from my experience.
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Old 10-29-2005, 11:48 PM   #11
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This is unreal! I cant believe that they even stopped! Im sure that this will be cleared up with a good lawyer. bitch cops
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Old 10-29-2005, 11:55 PM   #12
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thats a bunch of man... i hope you get out of it
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Old 10-30-2005, 12:34 PM   #13
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Thanks for the support guys. I talked to my dad when he got home last night (he is a retired officer) and he gave me some info. Apparently if the cop wants to be a big enough hard ass they can give you a DUI even if you are sleeping in the back seat of your car while in your driveway with the engine cold if your keys are in your posesion. He told me he is going to try to get ahold of a lawyer he knows, apparently he is very good but I will be looking at about $3,000 to hire him, but if he can get me out of just the DUI its worth it. Looks like I will be putting my turbo upgrade on hold for quite a bit longer.
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Old 10-31-2005, 12:18 AM   #14
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freakin sucks, but at least hopefully it'll be a better outcome
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Old 10-31-2005, 10:14 AM   #15
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I would rather see you take care of that DUI than get the turbo as it is. Besides cops are being dick's and they most likely checked you out because of what last night was.
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Old 10-31-2005, 11:55 AM   #16
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$3000 that's fcuking insane.....here, call the the traffic attorney i use, his rates aren't anywhere near as outrageous as that and he is VERY good

Saul Segan
(215)732-4000

As far as I know he practices in the tri-state area, but even if he doesn't i would think that he would be able to recommend a good jersey traffic court attorney for you

Let me know if he's able to help you out

Best of luck, keep us posted

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Old 10-31-2005, 01:16 PM   #17
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That sucks. I can't stand it when cops have huge attitudes and are apparently out to prove something to the world.

I hope this works out for you.
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Old 10-31-2005, 02:47 PM   #18
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Wow. Stuff like that makes me want to move to another country. Hooray for top notch police work, hopefully there weren't too many real crimes being commited elsewhere in Medford Lakes, NJ.
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Old 10-31-2005, 03:49 PM   #19
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Just got my car back and I think I may have gotten lucky. I don't want to go into detail until I talk to a lawyer but let’s say they left something they shouldn't have in the car (no not their gun, lol) that should guarantee at least 2 of my charges will be dropped.
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Old 10-31-2005, 03:50 PM   #20
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Quote:
Originally Posted by mostasteless
Just got my car back and I think I may have gotten lucky. I don't want to go into detail until I talk to a lawyer but let’s say they left something they shouldn't have in the car (no not their gun, lol) that should guarantee at least 2 of my charges will be dropped.
They dropped their bag of "frame up" dope?
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