Page 1 of 4 1 2 3 ... LastLast
Results 1 to 10 of 31
  1. #1
    Join Date
    Feb 2008
    Posts
    3

    Default .06 Driving Under The Influence

    In California. 2 Friends of mine were driving home, and were stopped for a headlight out,
    the driver is a female, and she had 2 beers, she passed all the field sobriety tests, then the officer asked her to use the handheld breath test and she blew a .06, she got handcuffed and while she was sitting in back of the police car, the passenger took off her jacket and threw it on the back floor, to cover up some empty beer cans and an empty bottle of tequila, none of which was consumed that day, the officer then went to talk to the passenger and asked her to get out of the car so he could search it. So the passenger asked if she could get her jacket and when she did she picked up the cans and tequila, when she got out of the car the officer told her to put the jacket on, and she got caught.

  2. #2
    Join Date
    Jul 2006
    Posts
    5,437

    Default Re: .06 Dui

    Nobody tests .06 after two beers...unless the two beers were huge!

  3. #3
    Join Date
    Jul 2006
    Posts
    2,652

    Default Re: .06 Dui

    So, besides one of them being charged with driving under the influence, they also were charged with open bottle? Maybe received a "fix it" ticket as well?

    What are the Californa Penal Codes on the charges?

  4. #4
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,321

    Default Re: .06 Dui

    Quote Quoting afronate
    View Post
    the driver is a female, and she had 2 beers, she passed all the field sobriety tests,
    Why does everyone SAY that?! One does not "pass" because they don't fall down, folks. There are a series of "clues" we are trained to look for in each of the SFSTs, and only ONE would be falling down or stumbling.

    then the officer asked her to use the handheld breath test and she blew a .06,
    Then, I suspect, she either did NOT "pass" the SFSTs, or, she was under the age of 21.

    So the passenger asked if she could get her jacket and when she did she picked up the cans and tequila, when she got out of the car the officer told her to put the jacket on, and she got caught.
    Well, duh.

    And i doubt the cops are going to buy the "it was drunk some other time" tale ... even if they did, that just means that this is not the FIRST time she has driven as a deadly menace.

    Okay, as for the .06, what did she test later at the jail or police department? Did she take a breath test, or blood?

    What was she charged with? CVC 23152(a)? Or, was it CVC 23140?

    And, for everyone's education, THE most common answer to the question, "How much have you had to drink?", is ... <drumroll> ... "Two."

    Now, unless she is a petite little thing (i.e. tiny) and drank both beers back to back less than an hour earlier on an empty stomach, she would NOT be at .06. So, the police know she's lying.

    - Carl
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  5. #5
    Join Date
    Feb 2008
    Posts
    3

    Default Re: .06 Dui

    Also, at the jail they let her go and said to fight it out in court. And something doesn't make sense, she is a big girl, and she told me that she ate, and about 4 hours had passed since she drank, so thanks a lot guys, this is really helpful. And I saw the paper that said she blew a .06 with a breath test, can you be arrested for .06?

  6. #6
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,321

    Default Re: .06 Dui

    Quote Quoting afronate
    View Post
    Also, at the jail they let her go and said to fight it out in court. And something doesn't make sense, she is a big girl, and she told me that she ate, and about 4 hours had passed since she drank, so thanks a lot guys, this is really helpful. And I saw the paper that said she blew a .06 with a breath test, can you be arrested for .06?
    If you are under 21? Yes. Or, if you fail the FSTs.

    So, she is either under 21 and charged with 23140 (and possibly 23152(a), or she is 21 or older and charged with 23152(a) (which would imply she did NOT pass the FSTs.

    So ... how old is she?

    - Carl
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  7. #7
    Join Date
    Feb 2008
    Posts
    3

    Default Re: .06 Dui

    21 or 22, she said she passed the FSTs.

  8. #8
    Join Date
    Jul 2006
    Posts
    2,652

    Default Re: .06 Dui

    What are the Californa Penal Codes on the charges?

  9. #9
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,321

    Default Re: .06 Dui

    Quote Quoting afronate
    View Post
    21 or 22, she said she passed the FSTs.
    Then she would not have been arrested.

    If she is 21 or over, to be arrested for DUI (CVC 23152) the officer would need probable cause to believe she was driving under the influence of drugs or alcohol. So, I'd say she did not "pass" in spite of how well she THINKS she did.

    - Carl
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  10. #10
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,321

    Default Re: .06 Dui

    Quote Quoting Happy Trails
    View Post
    What are the Californa Penal Codes on the charges?
    Actually, he is likely facing charged from our Vehicle Code ... and I am curious as well. If she faces Penal Code charges, or Health and Safety charges, then all bets are off.

    - Carl
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

    1. Sponsored Links
       

Page 1 of 4 1 2 3 ... LastLast

Similar Threads

  1. Driving Under The Influence And Miranda
    By Kawika1963 in forum Drunk and Impaired Driving Charges
    Replies: 4
    Last Post: 06-05-2008, 10:02 PM
  2. Seventeen Year-Old Arrested for Driving Under The Influence in California
    By pirate in forum Drunk and Impaired Driving Charges
    Replies: 9
    Last Post: 03-14-2008, 04:04 AM
  3. Arrest For Driving Under The Influence, Reckless Driving In Georgia
    By NewShinyCD in forum Drunk and Impaired Driving Charges
    Replies: 1
    Last Post: 03-01-2008, 12:33 PM
  4. Suspension and Revocation: Michigan License and Pennsylvania Driving Under The Influence
    By chipper1220 in forum Driver's Licenses
    Replies: 5
    Last Post: 02-29-2008, 06:31 AM
  5. Traffic Accidents: Driving under influence with suspended drivers license
    By Rickozo in forum Accidents and Injuries
    Replies: 2
    Last Post: 04-22-2006, 10:33 AM
 
 
Sponsored Links

Legal Help, Information and Resources