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Thread: Checking In/Checking Out Version 1.0

  1. #88666
    Sultan of Slit fricnjay's Avatar
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    Quote Originally Posted by Teh One Who Knocks View Post
    Yes and no, here in Colorado, if you get pulled over under the suspicion of driving while impaired, you have 3 choices. You can take the breathalyzer test, you can take a blood test, or you can refuse. If you refuse to take either test, you are automatically pleading guilty to DUI and you lose your license for 90 days plus whatever else will go along with the plea (I'm sure there are fines, classes and other things you will be subjected to).
    A half decent lawyer should be able to beat that. Fifth Amendment and all.

  2. #88667
    transracial Hal-9000's Avatar
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    Quote Originally Posted by Teh One Who Knocks View Post
    Yes and no, here in Colorado, if you get pulled over under the suspicion of driving while impaired, you have 3 choices. You can take the breathalyzer test, you can take a blood test, or you can refuse. If you refuse to take either test, you are automatically pleading guilty to DUI and you lose your license for 90 days plus whatever else will go along with the plea (I'm sure there are fines, classes and other things you will be subjected to).
    We have this weird two refusal rule where you can refuse the roadside test and then another one downtown. Smart money says refuse, wait whatever time and do the downtown one later, but by then they've likely impounded and towed your car. And our impound fines are brutal.

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    #DeSantis2024 Teh One Who Knocks's Avatar
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    Quote Originally Posted by fricnjay View Post
    A half decent lawyer should be able to beat that. Fifth Amendment and all.
    How do you figure? Driving is a privilege granted to you by the state, not a right. And when you are stopped for probable cause, you are bound by the laws that go with that privilege, one of which is, being subjected to a test to be sure that you are not driving under the influence. There's no 5th Amendment case to it.

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    #DeSantis2024 Teh One Who Knocks's Avatar
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    Quote Originally Posted by Hal-9000 View Post
    We have this weird two refusal rule where you can refuse the roadside test and then another one downtown. Smart money says refuse, wait whatever time and do the downtown one later, but by then they've likely impounded and towed your car. And our impound fines are brutal.
    Depending on how close you think you are to being over the limit, some people will opt for the blood test thinking that by the time the cop gets you to a facility to get your blood drawn, enough of the alcohol will have metabolized to bring your BAC down under the legal limit.

  5. #88670
    transracial Hal-9000's Avatar
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    Quote Originally Posted by Teh One Who Knocks View Post
    How do you figure? Driving is a privilege granted to you by the state, not a right. And when you are stopped for probable cause, you are bound by the laws that go with that privilege, one of which is, being subjected to a test to be sure that you are not driving under the influence. There's no 5th Amendment case to it.
    You guys also get offended over check stops. Up here the idea is not to pre-tell the drunk drivers where they are. That dilutes the intent of an actual check stop

    Someone was saying it's unconstitutional and they have to tell you where and when they are. I don't understand that.

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    #DeSantis2024 Teh One Who Knocks's Avatar
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    Quote Originally Posted by Hal-9000 View Post
    You guys also get offended over check stops. Up here the idea is not to pre-tell the drunk drivers where they are. That dilutes the intent of an actual check stop

    Someone was saying it's unconstitutional and they have to tell you where and when they are. I don't understand that.
    Because if they don't publish the times and locations, it could be considered entrapment. So by giving everyone fair warning, then that gets rid of that defense. All they have to do is put in the paper somewhere and that counts as publishing it, even though no one gets or reads the newspaper anymore

  7. #88672
    transracial Hal-9000's Avatar
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    Quote Originally Posted by Teh One Who Knocks View Post
    Because if they don't publish the times and locations, it could be considered entrapment. So by giving everyone fair warning, then that gets rid of that defense. All they have to do is put in the paper somewhere and that counts as publishing it, even though no one gets or reads the newspaper anymore
    Not here. The reason they don't publish locations and times is to actually catch people driving drunk

    Yeah I live in this weird twilight of two worlds. Someone called and asked for my Dad the other night, it was an old friend of his. She didn't see the paper with his obituary or the Facebook post my brother made 32 minutes after my Dad died

    We're going to wait until my Mom passes before we have a Celebration of Life/ funeral for both of my parents. I explained this to the person and said I would write her name down on a pad I'm keeping beside beside the phone and call her when it's time. She asked - You're not going to put my number into your phone 'online' (her words) like all the other kids nowadays?

    She thought that was pretty cool

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  9. #88673
    #DeSantis2024 Teh One Who Knocks's Avatar
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    Quote Originally Posted by Hal-9000 View Post
    Not here. The reason they don't publish locations and times is to actually catch people driving drunk

    Yeah I live in this weird twilight of two worlds. Someone called and asked for my Dad the other night, it was an old friend of his. She didn't see the paper with his obituary or the Facebook post my brother made 32 minutes after my Dad died

    We're going to wait until my Mom passes before we have a Celebration of Life/ funeral for both of my parents. I explained this to the person and said I would write her name down on a pad I'm keeping beside beside the phone and call her when it's time. She asked - You're not going to put my number into your phone 'online' (her words) like all the other kids nowadays?

    She thought that was pretty cool
    That's so weird, someone called yesterday and left a message saying they were friends of my dad and were going to be in town next week and they wanted to see him. He's been gone almost 3 years now. Part of me doesn't want to call them back because I really don't want to go into it all again.

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    transracial Hal-9000's Avatar
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    Quote Originally Posted by Teh One Who Knocks View Post
    That's so weird, someone called yesterday and left a message saying they were friends of my dad and were going to be in town next week and they wanted to see him. He's been gone almost 3 years now. Part of me doesn't want to call them back because I really don't want to go into it all again.
    I used to get offended for some reason when people asked for him and then I remembered my Dad loved talking to people on the phone, would always thank them for calling...really any interaction with people had value according to him so he set a good example for me (I think). I ended up talking to her for 1.5 hours and freaked her out when I remembered playing with her son and an electric car when I was four in their basement


    I get a lot of telemarketer calls on our old land line and we're having a provincial election soon. That means every third call is another form of electronic spam for the election. Occasionally I'll answer and some foreign person will ask for my Dad by his proper name. (he went by a nickname for his entire life) I have no problem loudly saying - He's dead! What to you want???

    but I don't think my Dad would appreciate that so I'm trying to be cordial...

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  13. #88675
    Sultan of Slit fricnjay's Avatar
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    Quote Originally Posted by Teh One Who Knocks View Post
    How do you figure? Driving is a privilege granted to you by the state, not a right. And when you are stopped for probable cause, you are bound by the laws that go with that privilege, one of which is, being subjected to a test to be sure that you are not driving under the influence. There's no 5th Amendment case to it.
    Amendment IX

    The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

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    Quote Originally Posted by fricnjay View Post
    Amendment IX

    The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
    That has nothing to do with the privilege of driving

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    transracial Hal-9000's Avatar
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    I hope you're feeling a bit better Lance. I know it isn't much but this is all we've got during some of the shitty times

    gotta roll

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    Quote Originally Posted by Hal-9000 View Post
    I hope you're feeling a bit better Lance. I know it isn't much but this is all we've got during some of the shitty times

    gotta roll
    It helped

    And thanks

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    My back hurts

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