Comments on: Beating the Breathalyzer http://www.expandmywealth.com/2007/12/22/beating-the-breathalyzer/ Sun, 21 Mar 2010 22:45:16 +0000 http://wordpress.org/?v=2.2.2 By: Amber http://www.expandmywealth.com/2007/12/22/beating-the-breathalyzer/#comment-160761 Amber Wed, 06 Aug 2008 19:05:00 +0000 http://www.expandmywealth.com/2007/12/22/beating-the-breathalyzer/#comment-160761 In California .08 is over the limit, you have to be under .08 to get off. Generally 6 hours is the normal processing time for someone being arrested, this is not considered incarceration since you were in a waiting room rather than a jail cell. Wet reckless is a minor DUI. $750 seems high for the fine, it should be around $250 but this varies from county to county. You got off well all things considered - no loss of license, etc. However $5500 is way too much for your lawyer to charge. It should be between somewhere between $800-$2500 depending on the lawyer. In California .08 is over the limit, you have to be under .08 to get off. Generally 6 hours is the normal processing time for someone being arrested, this is not considered incarceration since you were in a waiting room rather than a jail cell. Wet reckless is a minor DUI. $750 seems high for the fine, it should be around $250 but this varies from county to county. You got off well all things considered - no loss of license, etc. However $5500 is way too much for your lawyer to charge. It should be between somewhere between $800-$2500 depending on the lawyer.

]]> By: Blood test .08 http://www.expandmywealth.com/2007/12/22/beating-the-breathalyzer/#comment-159395 Blood test .08 Tue, 05 Aug 2008 00:54:19 +0000 http://www.expandmywealth.com/2007/12/22/beating-the-breathalyzer/#comment-159395 This happened in California. This happened in California.

]]> By: Blood test .08 http://www.expandmywealth.com/2007/12/22/beating-the-breathalyzer/#comment-159393 Blood test .08 Tue, 05 Aug 2008 00:51:27 +0000 http://www.expandmywealth.com/2007/12/22/beating-the-breathalyzer/#comment-159393 I got pulled over and did a breath test - i had been taking echinacea which is an herb in an alcohol tincture and had a beer an hour earlier. My breath test was .09. They took me to the station which took about 20 minutes and blood tested me then kept me in there for 6 hours. I paid a lawyer $5500 dollars and he called today to say the blood test was actually .08 (not over the limit). He can get me a deal of $750 and dui reduced to wet reckless. Does it make sense that i could blood test as not over the limit, have been kept in jail overnight and still have to pay this fine? I got pulled over and did a breath test - i had been taking echinacea which is an herb in an alcohol tincture and had a beer an hour earlier. My breath test was .09. They took me to the station which took about 20 minutes and blood tested me then kept me in there for 6 hours. I paid a lawyer $5500 dollars and he called today to say the blood test was actually .08 (not over the limit). He can get me a deal of $750 and dui reduced to wet reckless. Does it make sense that i could blood test as not over the limit, have been kept in jail overnight and still have to pay this fine?

]]> By: mustafa kemal basturk http://www.expandmywealth.com/2007/12/22/beating-the-breathalyzer/#comment-158688 mustafa kemal basturk Mon, 04 Aug 2008 11:09:27 +0000 http://www.expandmywealth.com/2007/12/22/beating-the-breathalyzer/#comment-158688 to whomit may concern we are interested with The breathalyzer (AKA breathalizer)manufactured by Smith & Wesson.can you please give me the manufacturers phone number and address?thanks for your time. best regards mustafa kemal basturk +905355864116 email: basturkusa@yahoo.com to whomit may concern
we are interested with The breathalyzer (AKA breathalizer)manufactured by Smith & Wesson.can you please give me the manufacturers phone number and address?thanks for your time.
best regards
mustafa kemal basturk
+905355864116
email: basturkusa@yahoo.com

]]> By: got arrested http://www.expandmywealth.com/2007/12/22/beating-the-breathalyzer/#comment-3340 got arrested Wed, 27 Feb 2008 02:01:59 +0000 http://www.expandmywealth.com/2007/12/22/beating-the-breathalyzer/#comment-3340 The fine was $250, but my PO said that I will end up paying $800 for everything. I was surprised how I got off so easy, thanks to my lawyer I guess..not that I ever want to go though this again. The fine was $250, but my PO said that I will end up paying $800 for everything. I was surprised how I got off so easy, thanks to my lawyer I guess..not that I ever want to go though this again.

]]> By: Amber http://www.expandmywealth.com/2007/12/22/beating-the-breathalyzer/#comment-3339 Amber Wed, 27 Feb 2008 01:46:57 +0000 http://www.expandmywealth.com/2007/12/22/beating-the-breathalyzer/#comment-3339 That's cool. So you got off easy. I am glad that you didn't lose your license or have to do any jailtime. You're also lucky that you didn't have to pick up garbage along the side of the road wearing that orange suit. So how much was your fine? Next time make sure that you have plenty of activated charcoal tablets with you! That’s cool. So you got off easy. I am glad that you didn’t lose your license or have to do any jailtime.

You’re also lucky that you didn’t have to pick up garbage along the side of the road wearing that orange suit.

So how much was your fine?

Next time make sure that you have plenty of activated charcoal tablets with you!

]]> By: got arrested http://www.expandmywealth.com/2007/12/22/beating-the-breathalyzer/#comment-3332 got arrested Tue, 26 Feb 2008 23:13:01 +0000 http://www.expandmywealth.com/2007/12/22/beating-the-breathalyzer/#comment-3332 I got reckless with no loss of license or suspension. I have to pay a fine and go to some sort of classes or meetings. The deal was made before I saw my lawyer in court. I just had to say I agreed to everything and knew my rights. I got reckless with no loss of license or suspension. I have to pay a fine and go to some sort of classes or meetings. The deal was made before I saw my lawyer in court. I just had to say I agreed to everything and knew my rights.

]]> By: got arrested http://www.expandmywealth.com/2007/12/22/beating-the-breathalyzer/#comment-3118 got arrested Sat, 23 Feb 2008 22:06:46 +0000 http://www.expandmywealth.com/2007/12/22/beating-the-breathalyzer/#comment-3118 I asked a cop, but I don't know if it is true. I'll ask my lawyer on Monday. The cop said that under the new HIPPA laws, police cannot obtain your health records without your permission or a subpoena. The court may not care to see the blood test, because they have the breath. They may not ask for them or receive them. So it may be just me that gets them and I can use them to prove my innocence. I asked a cop, but I don’t know if it is true. I’ll ask my lawyer on Monday. The cop said that under the new HIPPA laws, police cannot obtain your health records without your permission or a subpoena.
The court may not care to see the blood test, because they have the breath. They may not ask for them or receive them. So it may be just me that gets them and I can use them to prove my innocence.

]]> By: Amber http://www.expandmywealth.com/2007/12/22/beating-the-breathalyzer/#comment-3116 Amber Sat, 23 Feb 2008 21:58:38 +0000 http://www.expandmywealth.com/2007/12/22/beating-the-breathalyzer/#comment-3116 They generally take at least two vials of blood. Either (a) to run different tests ie one for alcohol and one for drugs or (b)for a safeguard in case one of the specimens gets contaminated or damaged. I have always had them draw at least 2 vials, when having lots of tests ie. hormones, CBC, insulin fasting, metabolic profile, IGF-1, lipids, etc. - they have drawn as many as five vials of blood for each of the different tests. They generally take at least two vials of blood. Either (a) to run different tests ie one for alcohol and one for drugs or (b)for a safeguard in case one of the specimens gets contaminated or damaged.

I have always had them draw at least 2 vials, when having lots of tests ie. hormones, CBC, insulin fasting, metabolic profile, IGF-1, lipids, etc. - they have drawn as many as five vials of blood for each of the different tests.

]]> By: Amber http://www.expandmywealth.com/2007/12/22/beating-the-breathalyzer/#comment-3114 Amber Sat, 23 Feb 2008 21:54:59 +0000 http://www.expandmywealth.com/2007/12/22/beating-the-breathalyzer/#comment-3114 Generally the first appearance in court is the arraignment where they say "do you understand the charges against you?" YES and "how do you plea?" innocent/guilty/ or no contest. So nothing else really happens during this appearance, that's why he charged you for two appearances initially because he can't get resolved in one. It's not possible. The second appearance is a settlement conference where the DA's prosecutor will try to make a plea bargin to get you to plea guilty on a less charge or an agreement will be reached where you take classes or community service, etc. So it's fine that your bloodwork is not back for your arraignment, but it will need to be back for the settlement conference or else he will need to get a continuance which require a third visit where you will be charged an extra fee for his time. Generally the first appearance in court is the arraignment where they say “do you understand the charges against you?” YES and “how do you plea?” innocent/guilty/ or no contest. So nothing else really happens during this appearance, that’s why he charged you for two appearances initially because he can’t get resolved in one. It’s not possible.

The second appearance is a settlement conference where the DA’s prosecutor will try to make a plea bargin to get you to plea guilty on a less charge or an agreement will be reached where you take classes or community service, etc.

So it’s fine that your bloodwork is not back for your arraignment, but it will need to be back for the settlement conference or else he will need to get a continuance which require a third visit where you will be charged an extra fee for his time.

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