General LSX Automobile Discussion Non-technical LSX related topics.

So I nearly died last night...

Thread Tools
 
Search this Thread
 
Old 02-05-2007, 07:47 PM
  #41  
Launching!
Thread Starter
iTrader: (9)
 
Ice Knight's Avatar
 
Join Date: Aug 2005
Location: Ohio
Posts: 287
Likes: 0
Received 1 Like on 1 Post
Default

Well, went to court this morning, hearing on the 20th, gonna get a real lawyer, this OVI charge (operating vehicle under influence) is just to much BS to let get me the more I read up on stuff.

Turns out my field sobriety test, the one I failed was administered wrong. I was sitting in the crusier up front with him and going over what happened and he just pulled the pin out and did it while I was seated, head turned, and did not ask if I wore contacts, whitch I do wear. You have to be standing, looking straight ahead for this test, and they are supposed to ask if you wear contacts according to the ohio law sites. But the reason I was arrested was I failed this test, probably because I was tired, had my contacts in all day and they were very dry and uncomfortable, and had just shortly before been hit in the face by an airbag and had powder thrown into my eyes, no wonder I failed this test, duh....

Also, I had no miranda read to me, and my car was NOT impounded, just towed, arn't they supposed to impound a car if you are issued a DUI? lol

And most importantly, back at the station I did pass the breathalyzer test, not by a huge margin, but clearly under the limit. Let's face it, if someone was drunk and driving would they CALL the police out on themselves? I called to report the incident, and now they are charging me with this OVI crap.

So now I guess I will be getting an attorney and hopefully get the OVI reduced or dropped totally, i'm hoping for the best. I have enough going for me that hopefully something good comes of this. Insurance will be looking at the car within the next 48 hours and telling me if it's totaled or what, I pray it's not because this was all I had, it was about everything to me.

I can live with a citation and a car being wrecked and repaired under insurance. But if I get screwed on the alcohol charge and the car is a loss i'm gonna freak lol.
Old 02-05-2007, 07:53 PM
  #42  
On The Tree
iTrader: (1)
 
Car RamRod's Avatar
 
Join Date: Aug 2005
Location: nyc
Posts: 141
Likes: 0
Received 0 Likes on 0 Posts

Default

at least you are here to complain about it man
Old 02-05-2007, 07:58 PM
  #43  
Launching!
iTrader: (1)
 
Billy_B4C's Avatar
 
Join Date: Aug 2005
Location: South Alabama
Posts: 212
Likes: 0
Received 0 Likes on 0 Posts
Default

You're gonna be alright, dude. The worst that is going to happen is that your car is messed up. Legally, you're fine. Glad to see that you've gotten a REAL lawyer and not a "public pretender". Those guys are just Plea Negotiators.

The NGN (Horizontal Gaze Nystagmus) is a bullshit, obsolete test. My old man was giving it back in 1969 when there was no such thing as an Intoxilyzer. I was trained and certified in it, but never used it, not once.

You're doing fine. Just hang in there, listen to your lawyer, and we'll see ya back on the road!
Old 02-05-2007, 07:59 PM
  #44  
Launching!
Thread Starter
iTrader: (9)
 
Ice Knight's Avatar
 
Join Date: Aug 2005
Location: Ohio
Posts: 287
Likes: 0
Received 1 Like on 1 Post
Default

Originally Posted by Car RamRod
at least you are here to complain about it man


Ya really.

It just sucks because what happened looks like it would have been drunk driving when in reality I was driving late at night with little sleep trying to get home and started to fall asleep and caught a guard rail. I remember the first thing I though after the impact was, OMG I started to fall asleep!
Old 02-05-2007, 08:06 PM
  #45  
Launching!
iTrader: (3)
 
REDHOtTransAM's Avatar
 
Join Date: Aug 2006
Location: Stafford, VA
Posts: 211
Likes: 0
Received 0 Likes on 0 Posts

Default

you should have turned on auto pilot
Old 02-05-2007, 08:10 PM
  #46  
Launching!
Thread Starter
iTrader: (9)
 
Ice Knight's Avatar
 
Join Date: Aug 2005
Location: Ohio
Posts: 287
Likes: 0
Received 1 Like on 1 Post
Default

Originally Posted by Billy_B4C
You're gonna be alright, dude. The worst that is going to happen is that your car is messed up. Legally, you're fine. Glad to see that you've gotten a REAL lawyer and not a "public pretender". Those guys are just Plea Negotiators.

The NGN (Horizontal Gaze Nystagmus) is a bullshit, obsolete test. My old man was giving it back in 1969 when there was no such thing as an Intoxilyzer. I was trained and certified in it, but never used it, not once.

You're doing fine. Just hang in there, listen to your lawyer, and we'll see ya back on the road!


Havn't looked for a lawyer yet but will very soon. I doubt I would have been able to get a public defender if I tried, I probably make enough money they would refuse me one. And ya hope I am back on the road soon, I just hope it's in my Trans AM, I don't wanna be in jail for three days, god, I have never even been pulled over before, I don't need this crap, i'm way to stressed out over this, it's terrible. I've been trying to sell some of my firearms just to raise money for an attorney and for fines and crap all day, so far I should have roughly 300 dollars of stuff sold, I have about 700 in the bank, i'm gonna need to get a loan to help pay for this all and I prey to god the WS6 is gonna be alright, that's more money than I can handle if it's trashed....

I've talked to state farm and they are gonna have a guy go look at it within 48 hours and she made a special note that it's important it not be totaled if at all possible whitch makes me feel a little better but still god it's gonna be close because some of the sheet metal for the corner that was hit is mashed in up to the corner of the hood, plus the airbags and windshield, plus the body panels and head lights on that side.

I just am hoping because I was in a local body shop and I was looking through some pics of cars with damage that make mine look like a scratch they had repaired, so alot can be done to a damaged vehicle, just hope mine's not to much. lol
Old 02-05-2007, 08:23 PM
  #47  
Launching!
iTrader: (1)
 
Billy_B4C's Avatar
 
Join Date: Aug 2005
Location: South Alabama
Posts: 212
Likes: 0
Received 0 Likes on 0 Posts
Default

Originally Posted by Ice Knight
Havn't looked for a lawyer yet but will very soon. I doubt I would have been able to get a public defender if I tried, I probably make enough money they would refuse me one. And ya hope I am back on the road soon, I just hope it's in my Trans AM, I don't wanna be in jail for three days, god, I have never even been pulled over before, I don't need this crap, i'm way to stressed out over this, it's terrible. I've been trying to sell some of my firearms just to raise money for an attorney and for fines and crap all day, so far I should have roughly 300 dollars of stuff sold, I have about 700 in the bank, i'm gonna need to get a loan to help pay for this all and I prey to god the WS6 is gonna be alright, that's more money than I can handle if it's trashed....

I've talked to state farm and they are gonna have a guy go look at it within 48 hours and she made a special note that it's important it not be totaled if at all possible whitch makes me feel a little better but still god it's gonna be close because some of the sheet metal for the corner that was hit is mashed in up to the corner of the hood, plus the airbags and windshield, plus the body panels and head lights on that side.

I just am hoping because I was in a local body shop and I was looking through some pics of cars with damage that make mine look like a scratch they had repaired, so alot can be done to a damaged vehicle, just hope mine's not to much. lol
Don't sweat it, I think you've got enough at least for a retainer. Your priority is your record. Believe me, having a DUI/OVI,whatever on your record is going to cost you a WHOLE lot more over the long run than your TA would.

...but I know how you feel. My first 4th gen, a '98 SS got stolen. I've had women leave me that didn't **** me up as bad!
Old 02-05-2007, 11:33 PM
  #48  
TECH Enthusiast
 
Allergik2dyin's Avatar
 
Join Date: Feb 2005
Posts: 722
Likes: 0
Received 0 Likes on 0 Posts
Default

Glad to hear it's semi working out for you. You just had a series of...unfortunate events (I'm not going to say bad luck haha). But it sounds like you did the right thing by getting a lawyer, they know all of the tricks and ins and outs of the law. Paying for a lawyer now will drastically help you in the long run. It doesn't seem like the cop has much going for him, just hope you walk away with a citation only. Goodluck.
Old 02-05-2007, 11:37 PM
  #49  
TECH Enthusiast
iTrader: (1)
 
aaron653's Avatar
 
Join Date: Aug 2005
Posts: 730
Likes: 0
Received 0 Likes on 0 Posts

Default

if you get off can you sue the cop for wrongfully arresting you? lol
Old 02-06-2007, 12:00 AM
  #50  
12 Second Club
iTrader: (11)
 
cabech984's Avatar
 
Join Date: Aug 2005
Location: Ohio
Posts: 836
Likes: 0
Received 0 Likes on 0 Posts

Default

That sucks man, at least your alright. Im too scared to D&D anymore. The last time I had a drink and got behind the wheel, I curbed one of my Z06 wheels. My Formula and TA are making me too broke to drink. I actually havent had a drop of alcohol since Thanksgiving weekend when I curbed my wheel. Anywho, I think you car is gonna be gone for good. I whacked my 99 & Airbags went off, Messed everything up.
Old 02-06-2007, 06:25 PM
  #51  
TECH Enthusiast
iTrader: (18)
 
seawolf18's Avatar
 
Join Date: Apr 2005
Location: South Dakota
Posts: 518
Likes: 0
Received 0 Likes on 0 Posts

Default

You never said if you were 21+ or not. If you are not, some states have a 0 tolerence for under 21 drinking and driving. If you live in one of these states and are under 21, then any detectable amount could be a DUI.
Old 02-06-2007, 07:20 PM
  #52  
Launching!
iTrader: (1)
 
Billy_B4C's Avatar
 
Join Date: Aug 2005
Location: South Alabama
Posts: 212
Likes: 0
Received 0 Likes on 0 Posts
Default

Originally Posted by seawolf18
You never said if you were 21+ or not. If you are not, some states have a 0 tolerence for under 21 drinking and driving. If you live in one of these states and are under 21, then any detectable amount could be a DUI.
Ohhh...I didn't think of that! Great point! According to his profile, he's 22...
Old 02-06-2007, 07:59 PM
  #53  
Launching!
Thread Starter
iTrader: (9)
 
Ice Knight's Avatar
 
Join Date: Aug 2005
Location: Ohio
Posts: 287
Likes: 0
Received 1 Like on 1 Post
Default

Originally Posted by Billy_B4C
Ohhh...I didn't think of that! Great point! According to his profile, he's 22...


I turned 21 in november, thank god lol!


one of my friend's from work's dad is a attorney so I got his office number and am gonna call tommorow, I have met him personally and he's a nice guy and he told his son to tell me to give him a call and see what he can do.

All I know is that I talked to some guys at work and they told me about their stories in situations like this and one guy even said he was caught with pot and way over the legal alcohol limit once and he got a good lawyer around here who he reccomended me and got all charges dropped entirely, that's crazy!
Old 02-06-2007, 08:00 PM
  #54  
TECH Fanatic
 
Darth Z's Avatar
 
Join Date: Jan 2002
Location: Houma, LA
Posts: 1,755
Likes: 0
Received 0 Likes on 0 Posts

Default

Sorry to hear your `Bird will never sing again, atleast you' re alive though!
Old 02-06-2007, 08:06 PM
  #55  
Launching!
Thread Starter
iTrader: (9)
 
Ice Knight's Avatar
 
Join Date: Aug 2005
Location: Ohio
Posts: 287
Likes: 0
Received 1 Like on 1 Post
Default

And i've been thinking about the car, i'm betting insurance will total it, so I will buy it back and I think i'll just buy a beater and over time try and get the bird back together and retitle it and be back where I was. It means to much to me to just part out or scrap, espiecally considering, other than the bags and windshield just the corner is mashed up. It will cost money no doubt but that's my fault, I have a whole pile of parts here in my room I was just getting ready for a big cam swap and valvetrain project and this happens.

I know if I parted the bird all I would want is another LS1 and if I saved up a downpayment and went to finance another i'd probably go for a C5 but I already have what I wanted, a LS1, so might as well try and bring it back.

Hell, the car still seemed to run strong as ever after my rub with the guard rail, why waste that. Front corner just looks like hell, I never found the headlight, lol
Old 02-06-2007, 08:19 PM
  #56  
TECH Fanatic
 
Darth Z's Avatar
 
Join Date: Jan 2002
Location: Houma, LA
Posts: 1,755
Likes: 0
Received 0 Likes on 0 Posts

Default

That' s awesome man, that' s what I' d do in your shoes. Most people today have no sense of pride or sentimentals, and would just junk it. I' m the type that can' t do that.
Old 02-06-2007, 09:16 PM
  #57  
Launching!
Thread Starter
iTrader: (9)
 
Ice Knight's Avatar
 
Join Date: Aug 2005
Location: Ohio
Posts: 287
Likes: 0
Received 1 Like on 1 Post
Default

Originally Posted by Darth Z
That' s awesome man, that' s what I' d do in your shoes. Most people today have no sense of pride or sentimentals, and would just junk it. I' m the type that can' t do that.


Ya, glad to hear someone else feels the same.

I fucked up and thought I did the right thing by calling 911 and wound up getting burnt even worse, but i'm gonna try and get things cooled down as much as possible with a attorney and not burn as bad.

And I will do everything I can to keep the bird singing, when I bought it I had no intentions of ever selling it again, I planned to keep it till the engine died and just build a new better motor and keep it going. So now I will have to put it back together and even though it will cost money and resale value will be dead it don't matter cuz I will still have it and that's all I wanted to begin with. And if and when it is on the road again I have a pile of new toys for it to tell it i'm sorry. lol

I felt so bad when I got home from the sheriff's office the first thing I did, even before a shower and food, and I hadn't ate in 27 hours, was get on all my forums and started listing items I have for sale to try and raise money for all this crap. So far i've sold a mauser rifle, my AK drum mag and my car stereo amps and have raised about 550 dollars, plus I have about 800 in the bank, so i'm starting to dig myself out of the hole i'm in.

I just hope I get this DUI **** dropped, and it sounds like I should beable to with an attorney, some people I know have been in worse situations and had the dui charge reduced and stuff.
Old 02-07-2007, 12:59 AM
  #58  
12 Second Club
iTrader: (49)
 
bww3588's Avatar
 
Join Date: Sep 2005
Location: Chillicothe/Lima, Ohio
Posts: 8,139
Received 8 Likes on 8 Posts

Default

OMVI's are ****. they are just another form of a DUI, just dont **** you as hard. that BS arrest should get that thrown out. was it a statie that responded? they are known for that OMVI bullshit. county mounties are a little more leaniate (SP?) on that. or at least in Ross county they are. where in ohio do you live?
Old 02-07-2007, 09:48 AM
  #59  
TECH Resident
iTrader: (5)
 
greysteel_M6's Avatar
 
Join Date: Dec 2006
Location: DFW
Posts: 871
Likes: 0
Received 1 Like on 1 Post
Default

The legal limit is 3 drinks and the typical person can metabolize 1 per hour there after. You should def talk to a lawyer; they should have given you a b/a test. You should be able to fight it. Sorry to hear about the loss. You got lucky with the DUI it's basically a ticket as opposed to a DWI=bitch.
Old 02-07-2007, 10:55 AM
  #60  
Launching!
Thread Starter
iTrader: (9)
 
Ice Knight's Avatar
 
Join Date: Aug 2005
Location: Ohio
Posts: 287
Likes: 0
Received 1 Like on 1 Post
Default

I live in clark county but it happened in Preble, the officer was a sheriff.

Now that I have read more I didn't know at the time but I should have just kept driving after the accident and called insurance the next day and you can still have a police report made within 10 days after.



All times are GMT -5. The time now is 12:56 PM.