Any IL cops here?
02-11-2008, 11:04 PM
#1
Any IL cops here? Maybe one of you can help me get this figured out.
Let's say someone has a wisconsin lisence and goes to IL for the weekend. This person is not 21. Person is riding as passenger in car that gets pulled over, blows a number as a passenger. Person recieves a ticket for illegal consumption of alcohol by minor, cost $250. The ticket also states a $1000 individual bond but no court appearence is required.
What happens here, i'm so confussed?
Let's say someone has a wisconsin lisence and goes to IL for the weekend. This person is not 21. Person is riding as passenger in car that gets pulled over, blows a number as a passenger. Person recieves a ticket for illegal consumption of alcohol by minor, cost $250. The ticket also states a $1000 individual bond but no court appearence is required.
What happens here, i'm so confussed?
02-12-2008, 02:37 PM
#3
hahaha it's not me who got the ticket jerry. i'm so behaved on the weekends 
.
it happened to one of my best friends last weekend, and I can;t even figure his ticket out and figured someone on here would know.
Car is coming along. It might actually see some street miles this summer. I'll probibly pick up a toasted th400 and start building that up this spring. How's yours coming along, by the looks of your sig sounds like it's ready to run a good number.
. it happened to one of my best friends last weekend, and I can;t even figure his ticket out and figured someone on here would know.
Car is coming along. It might actually see some street miles this summer. I'll probibly pick up a toasted th400 and start building that up this spring. How's yours coming along, by the looks of your sig sounds like it's ready to run a good number.
02-12-2008, 03:04 PM
#4
He sends IL $250, ticket over.
He shouldn't have blown... what was the officers incentive to test the passengers? As long as he wasn't driving nothing would have happened.
He shouldn't have blown... what was the officers incentive to test the passengers? As long as he wasn't driving nothing would have happened.
02-12-2008, 03:12 PM
#5
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I know they have the passengers blow in Indiana too if they are underage. I guess just to catch them because really there is nothing behind it. Did the driver get a DUI or what? If not then I guess it would be really weird to have the passenger blow if the driver hadn't been drinking.
02-12-2008, 03:53 PM
#7
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I'll ask my dad about this when I see him next, he's a state cop.
Also: Wow, St. Charles? I'm in Geneva. What area are you located in? I've probably seen your car at one time or another.
Also: Wow, St. Charles? I'm in Geneva. What area are you located in? I've probably seen your car at one time or another.
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02-12-2008, 05:59 PM
#9
Driver refused to blow? Ouch...
In IL refusing to blow when being pulled over is an automatic 6 yr month license suspension. I know they were trying to up it to a year, might be that now.
It is 1/2 that long if you do blow, but then you would get a DUI.
Passengers should have said no. No penalty would befall upon them I believe.
In IL refusing to blow when being pulled over is an automatic 6 yr month license suspension. I know they were trying to up it to a year, might be that now.
It is 1/2 that long if you do blow, but then you would get a DUI.
Passengers should have said no. No penalty would befall upon them I believe.
02-12-2008, 08:17 PM
#10
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I'm guessing there was alcohol in the car or the officer got close enough to detect odor of alcoholic beverage on the under 21 passenger, giving him reasonable suspicion that there was underage drinking in the car. A PBT or Portable Breath Tester is not admissable in court. It is used to build probable cause for a DUI arrest, underage drinking, etc. but not necessary. That is the small hand held machine you are asked to blow into in the field. That is why, after being arrested for DUI driver's are then asked to submit to an Intoxilizer or similar gadget breath test at the jail/hq whatever. An officer only need detect the odor of an alcoholic beverage on the breath of someone under 21 to arrest them for illegal consumption. Some areas have different bonding procedures but you can typically figure out what you need to do by reading the court communications copy on the back of the ticket. If all else fails contact the States Attorney's Office - Traffic Division in the jurisdiction where he received the ticket.
As for the driver, I'm assuming he was arrested for DUI and refused the latter breath test as well? If so his DL will be supended, and most DUI arrests end up costing around $3000 in total. Wisconsin is a Compact State with Illinois which means that the state governments cooperate with each other and have similar laws, suggesting your friend's DL will be suspended in WI for the IL DUI.
As for the driver, I'm assuming he was arrested for DUI and refused the latter breath test as well? If so his DL will be supended, and most DUI arrests end up costing around $3000 in total. Wisconsin is a Compact State with Illinois which means that the state governments cooperate with each other and have similar laws, suggesting your friend's DL will be suspended in WI for the IL DUI.
02-13-2008, 02:11 AM
#13
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Thats bullshit, refuseing to blow is protected by the U.S. Constution.
Ever heard of the ability to not self-incriminate?
WTF has this country come to?
Ever heard of the ability to not self-incriminate?
WTF has this country come to?
02-13-2008, 09:34 AM
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when you apply for your license, in the fine print, you sign saying you agree to follow the instructions of a law officer, period. If you refuse to blow, you will lose your license 99.9% of the time. I remember a story in the paper awhile back that quoted an Illinois judge who was pulled over on his way back from the riverboat and he'd been drinking. He was quoted as saying, "Are you kidding me? everyone should refuse to blow, its crazy not to!"
02-13-2008, 12:10 PM
#15
The refusal suspension is right.
You can refuse to blow, although that results in an automatic suspension of your driving privileges. However, it is sometimes better to lose your driving privileges than to be arrested for a DUI. If you refuse to "blow," an officer can still charge you with a DUI, except now the officer will have to write it up as an (a)(2) through an (a)(6). A charge under an (a)(2) through an (a)(6) is based on the officer’s observations about you at the time of the arrest. The officer will note whether you smell like alcohol, how your eyes look, what your demeanor is, how well you perform road side sobriety tests, etc. It is obviously in your best interests to refuse to engage in tests that will leave the officer the ability to observe your ability to perform them. Most people do not realize that they can refuse to perform sobriety tests like walking on the white line and touching your nose with your finger with your eyes closed.
You can refuse to blow, although that results in an automatic suspension of your driving privileges. However, it is sometimes better to lose your driving privileges than to be arrested for a DUI. If you refuse to "blow," an officer can still charge you with a DUI, except now the officer will have to write it up as an (a)(2) through an (a)(6). A charge under an (a)(2) through an (a)(6) is based on the officer’s observations about you at the time of the arrest. The officer will note whether you smell like alcohol, how your eyes look, what your demeanor is, how well you perform road side sobriety tests, etc. It is obviously in your best interests to refuse to engage in tests that will leave the officer the ability to observe your ability to perform them. Most people do not realize that they can refuse to perform sobriety tests like walking on the white line and touching your nose with your finger with your eyes closed.
02-13-2008, 02:00 PM
#16
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Driver refused to blow? Ouch...
In IL refusing to blow when being pulled over is an automatic 6 yr month license suspension. I know they were trying to up it to a year, might be that now.
It is 1/2 that long if you do blow, but then you would get a DUI.
Passengers should have said no. No penalty would befall upon them I believe.
In IL refusing to blow when being pulled over is an automatic 6 yr month license suspension. I know they were trying to up it to a year, might be that now.
It is 1/2 that long if you do blow, but then you would get a DUI.
Passengers should have said no. No penalty would befall upon them I believe.
if arrested never talk to the police, immediately ask for a lawyer.
02-13-2008, 03:45 PM
#18
yeah i think it might come down to the judge. my buddy refused to blow and he didnt get his dl suspended but my other buddy did. so im not 100% sure what would happen. i would rather refuse to blow then get a dui right away
02-13-2008, 04:47 PM
#19
Suspension < DUI any way you look at it.
I rather not drive anywhere but work for 6 months than have a DUI on my record and have the same penalty except for 3 months + $$$ + community service.
I rather not drive anywhere but work for 6 months than have a DUI on my record and have the same penalty except for 3 months + $$$ + community service.
02-13-2008, 04:57 PM
#20
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In Illinois your privelege to drive is underlined by a theory of law called Implied Consent. Most states have a similar if not identical system. As touched on by turbowhistle, when you agree to the privelege of driving in Illinois you agree to the theory of implied consent which holds you to either perform the field sobriety tests and blow or refuse and have your DL suspended. When you receive a DUI you are supplied with and read a paper called a Summary Suspension that explains this and states your DL will be suspended on the 46th day after your arrest.
As always you can refuse any field sobriety tests and/or PBT's or Intoxilizer blows, and you can invoke your right to refuse to speak (Miranda Warning) or incriminate yourself. It is usually in your best interests to never relinquish your rights in an arrest situation, if you find yourself there.
As always you can refuse any field sobriety tests and/or PBT's or Intoxilizer blows, and you can invoke your right to refuse to speak (Miranda Warning) or incriminate yourself. It is usually in your best interests to never relinquish your rights in an arrest situation, if you find yourself there.