DUI and employment

Discussion in 'Innovex' started by Anonymous, Apr 16, 2009 at 4:23 PM.

Tags: Add Tags
  1. Anonymous

    Anonymous Guest


    OMG--how in the heck did you get off? I got caught about 5 years ago--2 or 3 drinks--at the most. I don't condone drinking and driving, but I did test 1.0. I tried to get off--hired a great attorney, it was the first offense, and I had no other violations. I'm in Texas so I guess it depends upon your state. I know other states are easier to get off than Texas. I've also heard Utah and Indiana are really tough to get off too. I think it's a money-making proposition for the city and states. I don't drink and drive at all now. It's way too easy to get a d.u.i. These cops , for the most part, are out looking for people in alleys, etc. instead of catching real criminals. I didn't even feel drunk. But the attorney told me that since my BAC was on the mark, I couldn't get off no matter how much I wanted to spend. You are very fortunate.

    I really can't believe how many of the people on these boards comdemn those with D.U.I.'s when they could have had one themselves. Again, its' not right, and I'm remorseful and far more cognizant of drinking and driving. It's not good to do it, but dn't throw a stone until you know the circumstances, etc.

    I think most Companies are ok wtih it-after 5 years if u don't have other infractions. I got hired, and they were ok since I otherwise had a clean record. I'll never get one again.
    How did you get off????
     

  2. Anonymous

    Anonymous Guest

    Ye who has not sinned, throw the first stone
     
  3. anonymous

    anonymous Guest

    1. ILLEGAL STOP OF PERSON OR VEHICLE – a driver cannot be stopped unless the officer has a reasonable and articulate basis to believe that a traffic law or other law has been violated. Similarly, a person cannot be seized unless a violation has occurred.

    2. WEAVING INSIDE THE LANES IS NOT ILLEGAL – weaving without crossing any lines is not a violation of the law, and a vehicle cannot be stopped for that reason.

    3. ANONYMOUS REPORT OF DRUNK DRIVING – a car cannot be stopped simply because an anonymous citizen reported that the driver was drunk.

    4. STANDARD FIELD SOBRIETY TESTING IS INACCURATE – in healthy individuals, the one-leg stand test is only 65% accurate, and the walk-and-turn test is only 68% accurate in determining if a person is under the influence. Those persons with injuries, medical conditions, 50 pounds or greater overweight, and 65 years or older cannot be validly judged by these tests.

    5. NON-STANDARDIZED FIELD TESTS ARE INVALID – neither the Federal Government (NHTSA) nor medical science considers touching your finger to your nose, or saying the alphabet, or counting backwards, as valid sobriety tests.

    6. BREATH TESTING IS INACCURATE –virtually all experts concede that one breath test alone is unreliable. Breath testing is subject to various inaccuracies, including a variance as much s +/- 12.5%, non-specificity for ethanol, etc.

    7. BOOKING ROOM VIDEOS – Many police stations videotape suspects at the police station, where their speech is clear and their balance is perfect, in spite of police testimony to the contrary.

    8. IN-SQUAD VIDEOS – more and more often, the suspect’s driving and performance on field tests is being recorded; often contradicting police testimony.

    9. FAILURE TO PROVIDE SPEEDY TRIAL – If a client is not provided with a trial within a certain period of time, which varies between states, through delays of the court or prosecutor, the charges must be dismissed.

    10. POLICE BLOOD TEST INACCURATE –Many times, police blood testing fails to follow prescribed rules of testing, analysis, or preservation recommendations.

    11. HOSPITAL BLOOD TEST INACCURATE – Hospital blood tests overestimate a person’s true level by as much as 25% in healthy, uninjured individuals, and are not statistically reliable in severely injured persons.

    12. BREATH TEST OPERATOR UNLICENSED – Most states require a Breath Test Operator to possess a valid, unexpired operator’s license, or the breath test result is inadmissible.

    13. BREATHALYZER MACHINE MALFUNCTIONS – Most states specify that if there is a malfunction or repair of the breath test instrument within a certain period of time before or after a suspect’s breath test, the results of the suspect’s test are presumed invalid.

    14. BREATH TEST OPERATOR LICENSE EXPIRED – Most states require that a Breath Test Operator must possess an unexpired operator’s license, or the breath test result is inadmissible.

    15. BREATH TEST DEVICE NOT APPROVED – A breath-testing instrument must be listed on the Federal List of Approved Breath Evidential Instruments and the ISP approved list of Devices, or the results are inadmissible.

    16. FAILURE TO PROVE DRIVING UNDER THE INFLUENCE – A defendant’s admission to driving, without more, does not prove a charge of driving under the influence.

    17. INDEPENDENT WITNESSES – Often times, independent witnesses to accidents, bartenders, hospital personnel and others can provide crucial evidence of the defendant’s sobriety.

    18. FAILURE TO MIRANDIZE – Prosecutors may not use as evidence the statements of a defendant in custody for a DUI when the police have failed to properly issue Miranda Warnings.

    19. FIELD SOBRIETY TEST IMPROPERLY ADMINISTERED – According to the National Highway and Traffic Safety Administration, improperly administered field tests are not valid evidence of intoxication.

    20. OFFICER’S PRIOR DISCIPLINARY RECORD – A police officer’s previous disciplinary record can be used to attack the officer’s credibility .

    21. PORTABLE BREATH TEST INADMISSIBLE – Most states prohibit the use of portable breath testing results as evidence at trial in a DUI case.

    22. PORTABLE BREATH TEST IMPROPERLY ADMINISTERED – The manufacturers of portable breath testing devices require a minimum of two tests to consider the results evidential in nature.

    23. FAILURE TO CONDUCT OBSERVATION PERIOD – Most states require that a driver be observed continuously for a minimum period, such as twenty minutes, prior to a breath test in order for the results to be considered admissible and valid.

    24. EXPERT WITNESSES – Expert witnesses are available to review the validity of breath tests, blood tests and field sobriety tests.

    25. MEDICAL AND HEALTH PROBLEMS –Medical problems with legs, arms, neck, back and eyes can affect the results of field sobriety tests. Further, other medical conditions can also affect the validity of breath test results.

    26. BAD WEATHER – Weather reports establishing high winds, low visibility, and other conditions are available to explain poor driving or poor balance.

    27. LACK OF PROBABLE CAUSE TO ARREST – A police officer must have specific and articulable facts to support any arrest for DUI, or the suspension will be reversed and the evidence suppressed at trial.

    28. ILLEGAL SEARCH – The police are prohibited from searching a person or the automobile for a minor traffic offense, and may not search a car without a driver’s consent or probable cause. Any evidence illegally obtained is not admissible in court.

    29. PRIOR INCONSISTENT STATEMENTS BY POLICE OFFICERS – Any statement made by a police officer, verbally, in police reports, or at previous court proceedings may be used to attack that officer’s credibility.

    30. POST-DRIVING ABSORPTION OF ALCOHOL – The prosecutor must prove the blood or breath alcohol at the time of driving. Recent consumption of alcohol just prior to driving will cause the test results to be higher than what the true level was when the person was operating the automobile.

    31. INTERFERING SUBSTANCES – Many items contain forms of alcohol, which may cause false results, such as asthma spray, cough drops, paints, fingernail polish. These items can cause the breath results to be invalid.

    32. BREATH MACHINE NOT PROPERLY OPERATED – The manufacturers of breath testing devices have specified protocols, which must be followed for a breath result to be valid. Failure to follow these requirements will result in improper readings.

    33. FAILURES TO PRODUCE DISPATCH TAPES – Most stops of vehicles are recorded on dispatch tapes, as well as recording police communications regarding an arrest of an individual. Failure to preserve such tapes upon request can cause all evidence, which could have been recorded to be suppressed.

    34. MISLEADING STATEMENTS BY POLICE OFFICERS – Any misleading statement by the police regarding the consequences of taking (or refusing) a blood, breath, or urine test will cause the suspension to be reversed and removed from the driver’s record.

    35. STATUTES OF LIMITATIONS – A misdemeanor charge of DUI must be filed within a certain period of time (which varies between states) of the date of offense, or the charges will be dismissed outright.

    36. PRIVATE PROPERTY – A person who has not driven the car on a public highway cannot be suspended for drunk driving.

    37. FAILURE TO DISCLOSE EXPERTS –The failure of the prosecutor to disclose the state’s expert(s) will cause those witnesses to be barred from testifying against the defendant.

    38. LACTATE RINGERS – When hospital staff use lactate ringers during the treatment of a patient, the hospital blood serum results will report falsely elevated, and therefore invalid, readings.

    39. FAILURE TO RECORD CERTIFICATION TESTS – the failure to include the value of the simulator solution used to test breath machines will cause the breath test results to be inadmissible in court against the driver.

    40. BOOKING ROOM VIDEOS – Many police stations videotape the testing process. These tapes may establish that the testing procedure resulted in inaccurate or inadmissible tests due to burping, radio transmitters, and other improprieties.
     
  4. anonymous

    anonymous Guest

    kudos to person adding thread about how you can be really wronged in a DWI.
    I was stopped and officers lied and made a very false report about me.. Even got the make and model of my car wrong! By the way I was in a company car! I had to have. Breathalyzer put in my personal car until trial and I got a "permit" to drive company car... Reall-officers said I weaved(lie) I fell out of car to do test (lie) I failed test (done wrong) and I did a "portable breathalyzer at the scene! (Big lie!) so had I not paid 6k to lawyer I would be screwed with a false police report! I did drink wine at a party but not drunk... At the trial they separate the officers -so the arresting officer saw his video (which did NOT match up to his report!) and the partner came in and recited the false report! Needless to say I got off ... I remember the guy who read my "breathalyzer" each month adjusted it for cough medicine.. Etc... Honestly I could drink a glass of wine and drive (which I did not but I tested it!) the rules that can broken by police posted here are dead on!
     
  5. anonymous

    anonymous Guest

    DUI is not a issue as long the job is not involved in Driving company car.
     
  6. anonymous

    anonymous Guest

     
  7. anonymous

    anonymous Guest

    Ew you are the loser you judgmental piece of shit
     
  8. anonymous

    anonymous Guest

    It’s not my fault, I was barely over the limit, etc, etc... No wonder nobody takes responsibility for anything in this country, I’m sure these folks kids never do anything wrong either. What a bunch of entitled bitches. I’ve got an idea, quit fucking drinking and driving you lushes. What losers....
     
  9. anonymous

    anonymous Guest

     
  10. anonymous

    anonymous Guest

    Love it....
     
  11. anonymous

    anonymous Guest

    What do you mean by, "However, the pharm jobs I have gotten since.. been in industry 10 years.. it had to have been over five or 7 years?" can you elaborate? .. this post is super old hopefully you'll still be able to respond :/
     
  12. anonymous

    anonymous Guest

    What do you mean by, "However, the pharm jobs I have gotten since.. been in industry 10 years.. it had to have been over five or 7 years?" can you elaborate? .. this post is super old hopefully you'll still be able to respond :/