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  • Charge me or release me letter

    A local attorney(DUI lawyer) provides on his website a letter that is to be presented to an officer if stopped that basically says" Charge me , or let me go"
    He says to hand this along with your license and registration to the cop, and then answer no questions.
    This is supposed to deprive the officer the opprotunity to gather any evidence that might further incriminate .
    My guess is it would not help much. My buddy says it'll get the crap beat out of you. So, What would an officer do if handed one of these letters?

  • #2
    If I had cause to believe the driver is drunk, I would proceed with the investigation. If the suspect refused a chemical test, I would ask for a search warrant to obtain a blood sample (evidence). Even without the search warrant, I would still have probable cause to make the arrest.

    In my area a drunk driving defense costs $7-10K, even if the charge is dropped.

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    • #3
      I would have to make a decision on my observations alone of driving and physical observations (motor skills, smell, balance when exiting). If SFST and PBT are refused, no problem as they are not required, but the suspect is severely limiting the availability of getting a ride to other than jail. Limit the amount of information I have to use in the decision making process and I will err on the side of caution....you get a ride to jail. It is not worth the lives of others on the road to do otherwise.
      Don't fight to survive for you have already lost. Fight to WIN!

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      • #4
        The letter would mean little to nothing in WA. The police are not the charging authority, only the prosecutor has that power. Police do not charge someone with an offense, the police arrest on probable cause or a warrant.

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        • #5
          Your drunk, you hand me that letter, then refuse SFST and chem testing? Awesome. That makes my report writing time very breif. Plus, around here we can force a blood draw without a warrant on OWI's. You get revoked, and I get my evidence. Win-win in my book.
          \

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          • #6
            Originally posted by slider172
            A local attorney(DUI lawyer) provides on his website a letter that is to be presented to an officer if stopped that basically says" Charge me , or let me go"
            He says to hand this along with your license and registration to the cop, and then answer no questions.
            This is supposed to deprive the officer the opprotunity to gather any evidence that might further incriminate .
            My guess is it would not help much. My buddy says it'll get the crap beat out of you. So, What would an officer do if handed one of these letters?
            What's the website? I would like to check it out.

            Comment


            • #7
              I could still find enough evidence to arrest for DUI without the FST's or breath/blood test, plus gladly add the charge of implied consent, which is an automatic loss of license for a year regardless of the outcome of the DUI in trial.

              On a side note, to take a DUI case to trial is going to cost the offender in the thousands. Refuse all you want, doesn't make any difference to me.
              I'm 10-8 like a shark in a sea of crime..

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              • #8
                I would continue on my merry way of building a case against you. You DO NOT need to speak to me except name address etc, you DO NOT have to answer how many drinks you had, you DO NOT need to tell me who you were out with, you DO NOT have to say anything EXCEPT when I ask Are you going to breath into the nice little mouthpiece. YOU DO NOT have the right to remain SILENT, YOU DO NOT HAVE THE RIGHT TO TALK TO MISTER ASSTORNY , ooops I mean Attorny. NOT IN PA you dont...
                You CAN refuse to do FSTs also...I got enough P.C. based on the eyes, the confused look, the unable-ness to stand without the door or a chair, I got enough based on your driving. {not you mind you but the generic YOU DUI driver}
                IF you remain silent when I say DO you wish to submit to the breath test YES OR NO if you dont say nuttin , its a refusal AND I will still have enough to convict you of DUI and a seperate offense of Refusal which is a minimum mandatory license suspension. DUI doesnt even need to be upheld at a prelim. They are SEPERATE OFFENSES....
                Capeche???
                Oh and I would LMAO at this letter, and probably throw it back into your car.
                Last edited by e-man; 04-15-2007, 07:50 PM.
                I got nothing for now

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                • #9
                  Charge me or release me.

                  I'd love it. Essentially, I'd charge based upon my probable cause for stopping observations, and the driver's condition at the time I stopped him. Under the Alabama Implied Consent Law, a license holder agrees to submit to an approved breath or blood test to determine the alcoholic content in his breath or blood. Refusal to submit to such a test will result in a suspension of the driver's privilege to drive for a period of least ninety days. The suspension is automatic, and is regardless of any finding as to the original DUI charge in court.

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                  • #10
                    I would keep the letter and use it as evidence that your drunk since its from a OWI lawyer and you handed it to me on a TS. Might mean you have been drinking, other wise why would you give it to me. As far as not cooperating, if you dont cooperate with the investigation, Ill charge ya with Obstructing, a 1 or 2 year felony and OWI a 93 day misd.
                    It takes a Wolf.......

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                    • #11
                      Originally posted by SRT936
                      Your drunk, you hand me that letter, then refuse SFST and chem testing? Awesome. That makes my report writing time very breif. Plus, around here we can force a blood draw without a warrant on OWI's. You get revoked, and I get my evidence. Win-win in my book.
                      You are spot on. I could use two or three of these a night. Some people don't have a clue do they? That is what makes this job so fun.
                      "Laws that forbid the carrying of arms. . . disarm only those who are neither inclined nor determined to commit crimes. . . Such laws make things worse for the assaulted and better for the assailants; they serve rather to encourage than to prevent homicides, for an unarmed man may be attacked with greater confidence than an armed man." - Thomas Jefferson

                      Comment


                      • #12
                        Originally posted by slider172
                        A local attorney(DUI lawyer) provides on his website a letter that is to be presented to an officer if stopped that basically says" Charge me , or let me go"
                        He says to hand this along with your license and registration to the cop, and then answer no questions.
                        This is supposed to deprive the officer the opprotunity to gather any evidence that might further incriminate .
                        My guess is it would not help much. My buddy says it'll get the crap beat out of you. So, What would an officer do if handed one of these letters?

                        The lawyer is trying to look out for you, but he's an idiot. Find another lawyer. This one's only looking for business and if he hands out enough of those letters, his office will be flooded with calls for bail.

                        A man should never be ashamed to own that he has been in the wrong, which is but saying... that he is wiser today than yesterday. Jonathan Swift 1667-1745

                        It's only a conspiracy when your party is not in power.

                        Comment


                        • #13
                          Charge me or let me go.

                          Originally posted by slider172
                          A local attorney(DUI lawyer) provides on his website a letter that is to be presented to an officer if stopped that basically says" Charge me , or let me go"
                          He says to hand this along with your license and registration to the cop, and then answer no questions.
                          This is supposed to deprive the officer the opprotunity to gather any evidence that might further incriminate .
                          My guess is it would not help much. My buddy says it'll get the crap beat out of you. So, What would an officer do if handed one of these letters?
                          Most cops do either charge or let go so what was the question? I guess id be intimidated by the Lawyer Card and apologize for the inconvienence and wash the violators windows for them and give them a free gun lock they tell us to give out on calls then beg for forgiveness and drive of giving the violator a police escort to his or her home lights and siren.

                          Id probably keep the card and charge the lawyer with contributing to the delinquency of a MORON.

                          That lawyer doesnt realize the hardship he is causing his clients by telling them to no cooperate with the police. He should be disbarred
                          "Some people spend an entire lifetime wondering if they made a difference in the world. The MARINES don't have that problem." ....Ronald Reagan

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                          • #14
                            You hand me a letter with only 2 choices and I've pulled you over for suspicion of owi, guess what you're going to jail. If you refuse to cooperate and not submit to the chemical test of my choosing (normally, on owi, breath first then blood if they fefuse) then your license will automatically be suspended for 1 year no matter what the outcome of the case. You can appeal the suspension but good luck and don't forget to have the rocket scientist of a lawyer pick you up for court because remember, you already lost you license.
                            YOU WILL NOT INTIMIDATE THE POLICE BY THROWING A PIECE OF PAPER IN THEIR FACE. YOU WILL ONLY MAKES THINGS WORSE!
                            "Fast is fine, but accuracy is everything!"-Wyatt Earp

                            "You never know when crazy will show up!"-Irishdep

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                            • #15
                              Officers do not need SFST's to arrest someone for DUI. When someone refuses SFST's I tell them to put their hands behind their back. You're under arrest. At this point officers have odor of alcohol on breath, bloodshot watery eyes, disorientation, slurred speech, observed driving, confusion, time of night, location of stop, stupor (i could go on) as their PC to arrest. The SFTS just give officers more evidence of the driver's impairment. Iv'e had many drivers tell me that they are not DUI. I always tell them that the SFST's are their chance to prove that to me. What do they have to lose. They are going to jail if they refuse the tests, they are going to jail if they exhibit enough of the clues. Usually, drivers think they can "PASS" the tests and fool the officer. Another effect of alcohol, impairing ones judgement. Additionally, these tests are not pass/fail. They are standardized divided attention tests which exhibit an impaired drivers lack of motor skills. The HGN (eye test) displays an involuntary jerking of they eyes indicative of increased levels of alcohol in the blood/body. These tests are not some game officers play to hoping to lock up someone undeservingly. They are researched/standardized/simple tests that a normal unimpaired person can perform easily. Iv'e had people reaking of alcohol do very well on the tests and go on their way. Ive had people I would have cut loose on feignt smell alone "fail" the tests miserably. It is in everyones best interest to cooperate with the officers requests.

                              Given the letter, I would confiscate it as evidence. Arrest the person anyway. Bring the letter to court. Reference the website. And watch the judge find the person guilty. Additionally, the States Attorney would tack on the extra "refusal charge". The really interesting thing about this is, unless there were some extenuating circumstances, the lawyer representing the "letter driver" would probably be looking for a plea deal. Ive seen it happen before. These websites are a dime a dozen. In my opinion they do more harm for a DUI violator than good.

                              The only crap that will get beat out of you will come from a friend/parent/ect who has the decency to knock some common sence into you. If you are lucky enough to have a friend that good.
                              Last edited by redbird07; 04-16-2007, 08:25 AM.
                              John 3:16

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