Have a question regarding .02 violation. Son was picked up, blew a .03...since he was 19, he got it for .02 violation.
He's wrong, shouldn't have been drinking. He admits that, blames nobody but himself. But...the only reason the law enforcement stopped him was (besides the 5 teenagers in the car) because of his Lic plate cover. I had to go pick him up at the station. I directly asked the arresting officer why was he stopped? Officer replied only reason was because of the license plate cover, they are illegal to have on. Couldn't read the plate? Officer said he could, no problem, they are just illegal. At the time, I didn't know they really are legal to have on your vehicle, as long as they don't obstruct the view of the plate. My son has already attended the classes, and paid the fines. Thing is, this is a DOT violation, and I cannot contest the stop. BECASUE, it is a DOT violation, not a felony stop. He would have been in better shape had he been picked up for OWI, legally, not ethically, of course. Kind of ridiculous, you don't have any rights, even though in Iowa you can have license plates on your car, as long as they don't obstruct the plate. This officer stated in front of me, my wife, and son, he had no problem seeing the plate.
We have a phone hearing in November. I really don't want to fork over the $2500 buck for the attorney, as chances of winning are slim to nil because he had blown the .03, he can't refute that.
Any advice? This is a good kid, who has never been in any trouble at school, with the law, anywhere. He is attending JC right now, and doing well. He desires to be a teacher, but this violation may impede his ability to land a job in this field.
Thanks in advance!
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To remove first post, remove entire topic.
Have a question regarding .02 violation. Son was picked up, blew a .03...since he was 19, he got it for .02 violation.
He's wrong, shouldn't have been drinking. He admits that, blames nobody but himself. But...the only reason the law enforcement stopped him was (besides the 5 teenagers in the car) because of his Lic plate cover. I had to go pick him up at the station. I directly asked the arresting officer why was he stopped? Officer replied only reason was because of the license plate cover, they are illegal to have on. Couldn't read the plate? Officer said he could, no problem, they are just illegal. At the time, I didn't know they really are legal to have on your vehicle, as long as they don't obstruct the view of the plate. My son has already attended the classes, and paid the fines. Thing is, this is a DOT violation, and I cannot contest the stop. BECASUE, it is a DOT violation, not a felony stop. He would have been in better shape had he been picked up for OWI, legally, not ethically, of course. Kind of ridiculous, you don't have any rights, even though in Iowa you can have license plates on your car, as long as they don't obstruct the plate. This officer stated in front of me, my wife, and son, he had no problem seeing the plate.
We have a phone hearing in November. I really don't want to fork over the $2500 buck for the attorney, as chances of winning are slim to nil because he had blown the .03, he can't refute that.
Any advice? This is a good kid, who has never been in any trouble at school, with the law, anywhere. He is attending JC right now, and doing well. He desires to be a teacher, but this violation may impede his ability to land a job in this field.
He's young and there is plenty of time to prove to people he is a good person, no matter what he as done in the past.
If he is charged with the impaired, the only thing he could do is learn from the mistake.....if he wants to become a teacher nothing should stand in his way. The one thing he may want to consider is to start up an awarness of drinking and driving in the community.
My wife and I started a free service in our community called "Keys to Us" We advertise in bars,and what we do is,when we get a phone call we come to the bar,pick the person up and drive them home safely,and my wife drives their car home. 3 years later we now have funding from the government for our business.
just a thought..............people remember people for the good things not the bad.
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He's young and there is plenty of time to prove to people he is a good person, no matter what he as done in the past.
If he is charged with the impaired, the only thing he could do is learn from the mistake.....if he wants to become a teacher nothing should stand in his way. The one thing he may want to consider is to start up an awarness of drinking and driving in the community.
My wife and I started a free service in our community called "Keys to Us" We advertise in bars,and what we do is,when we get a phone call we come to the bar,pick the person up and drive them home safely,and my wife drives their car home. 3 years later we now have funding from the government for our business.
just a thought..............people remember people for the good things not the bad.
Yeah, this seems very familiar. I remember reading a thread almost exactly like this one where someone's kid got pulled over for a license plate cover.
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Yeah, this seems very familiar. I remember reading a thread almost exactly like this one where someone's kid got pulled over for a license plate cover.
Yes, I posted it before. Wasn't sure if we were going to contest, or at least try that time. We figure, what the hell? I remember getting some great advice, just don't remember from whom. Sorry for posting it again, just would like to solid advice from someone experienced with this.
And yes, this could stop him from being a teacher, or coach, as they would never let him drive.
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Yes, I posted it before. Wasn't sure if we were going to contest, or at least try that time. We figure, what the hell? I remember getting some great advice, just don't remember from whom. Sorry for posting it again, just would like to solid advice from someone experienced with this.
And yes, this could stop him from being a teacher, or coach, as they would never let him drive.
My question is why the kid would be asked to blow... I was on the job for a few years ( 20+ years ago ) and I arrested many dui's.
Not sure what signs of inebriation a .03 would show, that would tip the kid off that he may have been drinking ( remember, he wasn't stopped for erratic driving )
Gotta wonder if the kid had other things in his system other than 3 100/s bac
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My question is why the kid would be asked to blow... I was on the job for a few years ( 20+ years ago ) and I arrested many dui's.
Not sure what signs of inebriation a .03 would show, that would tip the kid off that he may have been drinking ( remember, he wasn't stopped for erratic driving )
Gotta wonder if the kid had other things in his system other than 3 100/s bac
the legal limit in most, if not all states is 0.08. however, most states have laws where a person under 21 can be arrested or subjected to other administrative penalties like a suspended license if they have any alcohol in their system, such as a 0.02 on a breathalyzer.
and if it is illegal in your state to have something like that on your license plate and a cop pulls you over and suspects you have been drinking, he can ask for a breathalyzer. whether you should consent or not depends on how much you've had to drink.
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the legal limit in most, if not all states is 0.08. however, most states have laws where a person under 21 can be arrested or subjected to other administrative penalties like a suspended license if they have any alcohol in their system, such as a 0.02 on a breathalyzer.
and if it is illegal in your state to have something like that on your license plate and a cop pulls you over and suspects you have been drinking, he can ask for a breathalyzer. whether you should consent or not depends on how much you've had to drink.
i know, but you have to understand how these police officers write these reports. i've read hundreds of DUI police reports. no matter what, every one is going to say the suspect had several, if not all, of the following factors: a strong odor of alcohol, glassy, bloodshot eyes, slurred speech, swaying, didn't understand simple instructions.
you can always go to a judge and say the officer did not have a right to detain the suspect, but these officers know how to write a report and know what to say to substantiate a DUI investigation. when it's the officer's word against the suspect's, you know which way the judge is going to go.
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i know, but you have to understand how these police officers write these reports. i've read hundreds of DUI police reports. no matter what, every one is going to say the suspect had several, if not all, of the following factors: a strong odor of alcohol, glassy, bloodshot eyes, slurred speech, swaying, didn't understand simple instructions.
you can always go to a judge and say the officer did not have a right to detain the suspect, but these officers know how to write a report and know what to say to substantiate a DUI investigation. when it's the officer's word against the suspect's, you know which way the judge is going to go.
Would love to know what charge they are looking to defend.... Alchohol law because he is under 21 I am guessing, but, I doubt that would keep him from being a "teacher, or coach, as they would never let him drive"
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agreed with all the above, but .02?
Would love to know what charge they are looking to defend.... Alchohol law because he is under 21 I am guessing, but, I doubt that would keep him from being a "teacher, or coach, as they would never let him drive"
And the reason you have a clear cover on your plate is because?
Oh, that's right. Makes it hard for the cops to laser.
How's that working out for you?
What the fuck are you talking about? A clear license plate cover makes it hard for cops to laser your license plate?
The only reason I can see for having any kind of license plate cover is to prevent traffic/toll booth cameras from seeing seeing the plate number at an angle.
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Quote Originally Posted by The Hawk:
And the reason you have a clear cover on your plate is because?
Oh, that's right. Makes it hard for the cops to laser.
How's that working out for you?
What the fuck are you talking about? A clear license plate cover makes it hard for cops to laser your license plate?
The only reason I can see for having any kind of license plate cover is to prevent traffic/toll booth cameras from seeing seeing the plate number at an angle.
its zero tolerance in many states. If your under 21 and had half a beer you can get fucked. Get him kid a good lawyer. Don't gamble on your kids future.
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its zero tolerance in many states. If your under 21 and had half a beer you can get fucked. Get him kid a good lawyer. Don't gamble on your kids future.
APK, its called zero tolerance and if you are under 21 and blow above a .02 it is a DUI.
you can't really fight it on the grounds that the evidence was obtained illegally because its not a murder or something. judge will laugh in your face, you're not getting a jury. best thing you can do is pay the lawyer, $2500 for something like this seems expensive for something like this. but they lawyer will make a plea deal with the prosecutor and get your kid the minimum. it is worth it IMO. kids gotta get a job though and pay you back. at least thats how it went in my house every time it happened to me
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APK, its called zero tolerance and if you are under 21 and blow above a .02 it is a DUI.
you can't really fight it on the grounds that the evidence was obtained illegally because its not a murder or something. judge will laugh in your face, you're not getting a jury. best thing you can do is pay the lawyer, $2500 for something like this seems expensive for something like this. but they lawyer will make a plea deal with the prosecutor and get your kid the minimum. it is worth it IMO. kids gotta get a job though and pay you back. at least thats how it went in my house every time it happened to me
"What the fuck are you talking about? A clear license plate cover makes it hard for cops to laser your license plate?
The only reason I can see for having any kind of license plate cover is to prevent traffic/toll booth cameras from seeing seeing the plate number at an angle. "
THAT'S CORRECT ON BOTH COUNTS. Google it, stupidFAIL
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"What the fuck are you talking about? A clear license plate cover makes it hard for cops to laser your license plate?
The only reason I can see for having any kind of license plate cover is to prevent traffic/toll booth cameras from seeing seeing the plate number at an angle. "
THAT'S CORRECT ON BOTH COUNTS. Google it, stupidFAIL
My question is why the kid would be asked to blow... I was on the job for a few years ( 20+ years ago ) and I arrested many dui's.
Not sure what signs of inebriation a .03 would show, that would tip the kid off that he may have been drinking ( remember, he wasn't stopped for erratic driving )
Gotta wonder if the kid had other things in his system other than 3 100/s bac
The arresting officer stated "he could smell alcohol" when he went to the car. There were 5 teenagers, 18 - 19 years of age in the car. All had been drinking, very lightyly, no one else was arrested, or even checked, he checked their ID's and away they went. He had NOTHING else in his system. The arresting officer stated he stopped the car because he said license plate covers are illegal. I have a friend on the force, James Loveland. He said, well, they told us it's a "gray area", meaning if the obscure the lic plate, yes, then they could be illegal. The arresting officer stated he could see the plate fine; obviously, he was confused about the legality of the cover. BUT, since this is a DOT charge, and since my son already blew the .03....you can't contest it, even though it was not a legal stop. It's bullshit, and no-one I have spoken with in law enforcement will deny that. It's a loop-hole for law enforcement. It was a bull-shit stop. A cop saw a bunch of kids, one with a mohawk in the passenger front seat, in a car at 11:05 at night and pulled them over. Please stop trying to read more into this, there isn't. Thank you.
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Quote Originally Posted by AlexPKeaton:
My question is why the kid would be asked to blow... I was on the job for a few years ( 20+ years ago ) and I arrested many dui's.
Not sure what signs of inebriation a .03 would show, that would tip the kid off that he may have been drinking ( remember, he wasn't stopped for erratic driving )
Gotta wonder if the kid had other things in his system other than 3 100/s bac
The arresting officer stated "he could smell alcohol" when he went to the car. There were 5 teenagers, 18 - 19 years of age in the car. All had been drinking, very lightyly, no one else was arrested, or even checked, he checked their ID's and away they went. He had NOTHING else in his system. The arresting officer stated he stopped the car because he said license plate covers are illegal. I have a friend on the force, James Loveland. He said, well, they told us it's a "gray area", meaning if the obscure the lic plate, yes, then they could be illegal. The arresting officer stated he could see the plate fine; obviously, he was confused about the legality of the cover. BUT, since this is a DOT charge, and since my son already blew the .03....you can't contest it, even though it was not a legal stop. It's bullshit, and no-one I have spoken with in law enforcement will deny that. It's a loop-hole for law enforcement. It was a bull-shit stop. A cop saw a bunch of kids, one with a mohawk in the passenger front seat, in a car at 11:05 at night and pulled them over. Please stop trying to read more into this, there isn't. Thank you.
And the reason you have a clear cover on your plate is because?
Oh, that's right. Makes it hard for the cops to laser.
No, loser. My son just thought it was cool His brother HAD one, and several of his friends, even one whose father is a cop. Please read before your respond and show your stupidity. I stated the cop had no trouble seeing the plate. How, genius, does the plate make it hard to laser? This is NOT one of those plates that, for example if you go through a red light with cameras, it smears it, or makes it hard to see from the side.
How's that working out for you?
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Quote Originally Posted by The Hawk:
And the reason you have a clear cover on your plate is because?
Oh, that's right. Makes it hard for the cops to laser.
No, loser. My son just thought it was cool His brother HAD one, and several of his friends, even one whose father is a cop. Please read before your respond and show your stupidity. I stated the cop had no trouble seeing the plate. How, genius, does the plate make it hard to laser? This is NOT one of those plates that, for example if you go through a red light with cameras, it smears it, or makes it hard to see from the side.
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