Smashed, then smashed

[Seshat]

I'm surprised you forgot the tow truck driver who has to come to the SVA and tow the wreck away, which often can't be easy if it's particularly messy.

Not to mention paramedics if the driver isn't killed.

Now that you've mentioned it - so am I.

[Sapphire Silk]

And honestly, the chances of a consistent drunk-driver surviving long are poor. An SVA with no passengers is really the BEST case scenario.

You'd be surprised at how many times drunk drivers get in accidents and get busted for DUI and still get back on the roads. It's sickening. The drunks seldom get hurt bad; it's always some poor innocent going about their honest business who gets hurt.

I loathe drunk drivers. Just loathe them. They can rot in the pits of hell for all I care.

[sirwired]

I'm surprised more people don't know how to deal with cops... there are two, and only two, good options:

A) Politely shut up like a clam, politely refuse to answer any questions (as is your right), and let the officer do what he was already planning to do anyway; arrest you, give you a warning, whatever... This is what a lawyer will tell you to do in all circumstances. It's the method of choice for serious infractions. Examples:
- DUI: You aren't getting off with a warning if you are suspected for DUI. You are either getting arrested or you aren't. If the officer asks how much you've had to drink or if you've taken any medications, asks you to do a handheld breathalyzer, or asks you to perform any field sobriety tests, that's a red flag he suspects you of DUI. Shut up like a clam and refuse field sobriety tests and handheld breathalyzers. Since there are many circumstances in which you can be convicted for DUI even if your BAC is below the limit (or, in some cases, zero, if you are on any one of a large list of medicines) answering questions, blowing in the handheld, or performing field sobriety tests under no circumstances helps you, even if you "pass". None. The handheld isn't admissible as evidence (but can provide probable cause for an arrest), the field sobriety tests are extremely subjective, and no answer you give to any question will help you. (Exception: If the officer asks "Have you been drinking" and the answer is No, saying as much, especially at a routine checkpoint, is fine.) (Other exception: If you ARE drunk as a skunk or high as a kite, please ignore the above advice and do everything in your power to implicate yourself so as to get you removed from the roadways for as long as possible, as quickly as possible. Screaming at the cop and/or loudly denying anything and everything is especially useful here.)
- Other serious infraction (passing a stopped school bus, serious speeding, street racing, etc.): The best answer is not to do it. But if you do and get caught, admitting it doesn't help.

B) Confess all and hope for mercy. (NOTE: Most lawyers will tell you to never choose this option under any circumstance) This may be helpful for minor traffic infractions or minor accidents where pleading the 5th is more likely to get you a citation. Examples:
- If you rear end somebody and weren't being an idiot, most officers won't write you a ticket... but if you decide to lawyer-up despite obvious fault, you are more likely to get a ticket in return for making the officer's and other party's life difficult.
- If you run a marginal red, know you ran a red, and the officer knows you ran a red. If you say you have no idea why the officer pulled you over or decline to answer, that can't be used against you in court, but it can cause the officer to decide you aren't paying enough attention to your driving and write you a ticket instead of letting you off with a warning. Same thing for minor speeding, etc.

The options C) Lying or D) Copping an attitude Never. Ever. Work. There are simply no circumstances in which those actions makes your situation better. He/she is almost certainly going to be able to tell you are lying, and you are going to get the proverbial book thrown at you. Everything from a burnt-out left-middle taillight, to the fuzzy dice hanging from your mirror, to your failure to signal precisely 200 feet before pulling over to the shoulder is going to get written up. Even if you are innocent as the new-driven snow of whatever he/she suspects you of, yelling at the officer about it is simply totally ineffective.

[raudf]

I have no sympathy for drunk drivers. And only have sympathies for their loved ones if said loved ones aren't complete asses themselves.

I have a friend who is not only wheelchair bound for life, but lost her brother to a single drunk driver. The driver only had minor injuries... At the trial for vehicular manslaughter, the drunk's father came up to my friend and said, "My son's life is ruined because of you.." The only reason the father is still alive is because HER father didn't want to go to jail for the asshat's murder and the judge couldn't do anything because it happened outside of the court house. (The judge at the time would have made short work of the asshat, as he did the asshat's son.)

She never did tell me the asshat's name. Probably just as well.

[El Pollo Guerrera]

Eagerly waiting the call from the RealDriver's paternal unit to complain that 'the towing company caused the damage!'

Please keep us updated if any other shannigans happen with this story!

Also, I echo Jay 2K Winger's sentiment... I find telling the truth is easier, simply because I have trouble keeping my lies straight!

[Jay 2K Winger]

I'm confused. Always get caught with lying or porn?

Lying. I'm careful to peruse my pr0n on my own computer, which no one else in the family has access to.

[Cookie]

You'd be surprised at how many times drunk drivers get in accidents and get busted for DUI and still get back on the roads. It's sickening. The drunks seldom get hurt bad; it's always some poor innocent going about their honest business who gets hurt.

I loathe drunk drivers. Just loathe them. They can rot in the pits of hell for all I care.

Agreed. My aunt was 10 years old when she was killed and my grandfather was almost killed and the asshole hardly spent any time in jail.

[Sapphire Silk]

A) Politely shut up like a clam, politely refuse to answer any questions (as is your right), and let the officer do what he was already planning to do anyway; arrest you, give you a warning, whatever... This is what a lawyer will tell you to do in all circumstances. It's the method of choice for serious infractions.

Can be good advice in some circumstances, but there are some flaws in your examples.

- DUI: If the officer asks how much you've had to drink or if you've taken any medications, asks you to do a handheld breathalyzer, or asks you to perform any field sobriety tests, that's a red flag he suspects you of DUI.

True. But bear in mind, he probably has other red flags, including but not limited to:

Odor. If you've been drinking, he can smell it. Breath mints won't help.

Balance. You'll wobble no matter what. If you were driving you were probably weaving.

Eyes: Certain substances change the size of your pupils (large for depressants/narcotics, small for stimulants like meth/crack)

Shut up like a clam and refuse field sobriety tests and handheld breathalyzers. Since there are many circumstances in which you can be convicted for DUI even if your BAC is below the limit (or, in some cases, zero, if you are on any one of a large list of medicines) answering questions, blowing in the handheld, or performing field sobriety tests under no circumstances helps you, even if you "pass". None.

Depending on where you live, this could be bad advice. In all 50 states and US territories, driving is a privilege. Refusing a breathalyzer will, at the very least, result in a 1 year suspension of your license.

In all states, if you are involved in an accident that could result in felony charges, you can be compelled to give a blood sample if you refuse a breath test. In some states, you can be compelled to give a blood sample in any instance. You would not believe the number of blood samples I drew when I worked in California in cases like this. Failing to cooperate with the nurse means you are shoved to the floor, cops sit on you, and the nurse (me) gets the sample anyway. I have never failed to obtain a blood sample just because some drunk asshat tried to "refuse."

You are more likely to pass a breath test than a blood test. The blood test is more accurate. You won't be able to fight a breath test (they are in fact admissible in court), but the results are likely to be LOWER than your actual BAC.

Even if you pass a breath test, pass a field sobriety test, and get arrested anyway, you will have an easier time fighting that evidence in court than if you refuse to cooperate.

B) Confess all and hope for mercy. (NOTE: Most lawyers will tell you to never choose this option under any circumstance) This may be helpful for minor traffic infractions or minor accidents where pleading the 5th is more likely to get you a citation.

Now on this I agree. If you didn't do anything wrong, don't say that you did in a bid to get the cop to go easy on you. He won't. But do be honest; if it's an infraction that he has discretion on, he'll be more likely to use it in your favor if you're honest, polite, and cooperative.

- If you rear end somebody and weren't being an idiot, most officers won't write you a ticket... but if you decide to lawyer-up despite obvious fault, you are more likely to get a ticket in return for making the officer's and other party's life difficult.

If you rear end someone and the cops are involved, you are getting a ticket. No if, ands, or buts. If you rear end someone, you are automatically considered at fault. Don't argue. Accept the ticket, and take it to traffic court if there are extenuating circumstances. If you don't have a history of bad driving (lots of tickets, etc), and a reasonable story, you have a chance of convincing a judge. Hire a lawyer if in doubt.

The options C) Lying or D) Copping an attitude Never. Ever. Work. <snip> Even if you are innocent as the new-driven snow of whatever he/she suspects you of, yelling at the officer about it is simply totally ineffective.

Absolutely agree. Cops don't like to be lied to or disrespected. Yelling at a cop is as smart as pouring gasoline on a fire.

[BroSCFischer]

I loathe drunk drivers. Just loathe them. They can rot in the pits of hell for all I care.

My (full) opinions on DUI are probably better suited to Fratching, and thus will not be appearing here.

I will say that I agree with Sapphire Silk wholeheartedly on this, and leave it at that.

SC

[sirwired]

Depending on where you live, this could be bad advice. In all 50 states and US territories, driving is a privilege. Refusing a breathalyzer will, at the very least, result in a 1 year suspension of your license.

There ARE severe penalties for refusing a post-arrest breath test in all 50 states. Most states have no penalty for refusing a pre-arrest test. Those that do, it's a civil infraction (similar to a parking ticket) resulting only in a small fine, unless you carry a CDL or are under 21 (in which case you'll get a suspension.)

Choosing amongst a blood test, breathlyzer, or in some states, a urine sample, if you have a choice, is an inexact science. i.e. if your only drink was something sipped neat just before you rolled out the door, a breathalyzer is going to give a much higher reading than your actual BAC, giving evidence for you to be convicted for something you aren't actually guilty of.)

Personally I would go for the blood test every time; if I'm actually intoxicated then I'll "take my lumps" from the court (no actual chance of this ever happening, as my wife would probably kill me before the justice system had a chance to punish me; her best friend in college was killed by a drunk driver); if I'm not intoxicated then I want the most accurate test.

If you rear end someone and the cops are involved, you are getting a ticket. No if, ands, or buts. If you rear end someone, you are automatically considered at fault. Don't argue. Accept the ticket, and take it to traffic court if there are extenuating circumstances. If you don't have a history of bad driving (lots of tickets, etc), and a reasonable story, you have a chance of convincing a judge. Hire a lawyer if in doubt.

I've, personally, rear-ended someone twice (14 years apart), causing minor damage. I was totally at fault both times (despite extenuating circumstances), and I admitted as much. Didn't even hesitate to do so to the officer or other party. While the accident report made that clear, I did not receive an actual ticket either time.

[Chromatix]

Under British law, if you refuse a breath test (or try to sabotage it, which amounts to the same thing), you are charged with Failing To Provide a Specimen. This has the *same* penalty as Driving While Intoxicated, and furthermore marks you as uncooperative and tends to get you firmer handling.

Therefore, it's always better to take the breath test, since it *might* come out lower than the limit. Doubly so since the only machines that can take an evidentiary-quality sample are installed in police stations, rather than the handheld machine used at the roadside, and usually your system will clear out a little bit in the intervening time. But you'd be surprised how many drunks refuse the test in the belief that this will get them off lightly.

If you are *unable* to give a breath sample for whatever reason, then blood and urine tests are available as alternatives. You just have to consent to one of those instead of the breath machine.

But seriously people - just don't drink and drive. It's better for all concerned if you take the bus or a taxi. The bus is probably even *cheaper* than driving.

[Argabarga]

In a more meta-sense, as others have noted, does anyone know of any situation where being uncooperative with the cops made things BETTER?

I mean, if you do, then there may be a legit reason for it... but, I don't think it's EVER happened.

At least never within my view.

[wolfie]

If you rear end someone and the cops are involved, you are getting a ticket. No if, ands, or buts. If you rear end someone, you are automatically considered at fault. Don't argue. Accept the ticket, and take it to traffic court if there are extenuating circumstances. If you don't have a history of bad driving (lots of tickets, etc), and a reasonable story, you have a chance of convincing a judge. Hire a lawyer if in doubt.

"Extenuating circumstances" includes the memory card from your 4-camera recording system showing that you and the car you hit were the only 2 vehicles on the road, they passed you, cut you off, and slammed on the brakes. Typical "swoop and squat" insurance fraud.

[wheeitsmee]

If you rear end someone and the cops are involved, you are getting a ticket. No if, ands, or buts. If you rear end someone, you are automatically considered at fault.

I actually rear-ended someone once and was found to be not at fault.

Rural Hwy, I was going the speed limit, I went over a hill and there was a car stopped with no blinkers who had come to a complete stop to turn left into a side street. I slammed on my brakes, tried to avoid him and took out the front driver's side headlight and a chunk of bumper/wheelwell on my parents new cadillac trying to avoid his vehicle. The police report said that I was not at fault. I think my parents were suprised, too. (Not unhappy, but suprised).

But I did just stick to the facts when the police arrived and asked about what happened, and at no point did I volunteer that I even might be at fault. Just the facts.

[Mongo Skruddgemire]

And that right there kids is why I have no sympathy for drunk drivers... in one fell swoop, she could have killed 3 people....... all for the sake of just havin' a few....

Totally agree. There are a lot of people who try to use the excuse that because they were chemically impaired they were not at fault since they were no longer in a clear-state of mind.

Most Judges and I agree that you were clear-headed when you said to yourself "Self, I am going to get blitzed off my ass tonight" meaning that you're still @#$%ing responsible for your actions.