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 10 points best answer. my ex's mom just got put in jail for pulling a gun out on some lady.?
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Additional Details
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Here is the website John C (COUGH) (moron)

http://...


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DirtMcGirt
Could You Beat a DUI by Doing This?
Hypothetically speaking, say you are drunk and get pulled over. Before the officer can get to your car, you remove the keys from the ignition and toss them out the window. You then grab an unopened bottle of liquor from your glove box. When the officer gets to your window, you break the seal on the bottle, open it in front of him, and drink a good portion of it. Wouldn't he be unable to prove that you were drunk when he pulled you over and not simply drunk from the liquor you consumed in front of him?



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2009-07-21 16:08:11 +0000
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First of all, consuming more alcohol at that point, will only raise your BAC, and put you in jeopardy of felony DUI. You are also putting yourself at risk of being charged with having an open container of alcohol in a motor vehicle, whether it is running or not, it will be presumed that you were driving it, or were attempting to drive it.
Secondly, throwing the keys out the window does nothing for your case other than once you get out of jail, and pay the impound fee for your car, now you have to go find the keys.Good luck with that.
The officer will testify in court as to what he saw you do, and after the prosecutor stops laughing,He /She will probably recommend to the judge, that you recieve a psychiatric evaluation for being so stupid.
By the way, when an officer approaches you, grabbing for anything suddenly, is a good way to get shot, because the officer may believe at that point that you are reaching for a gun.

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2009-07-21 15:48:43 +0000
The officer has still witnessed the actions and/or behavior displayed prior to the stop.

Taking the drink in the presence of the officer doesn't help because of how it takes time for the body to absorb the alcohol.

You've committed another violation in front of the officer giving him/her more reason to arrest you.

You still get to breath in to the breathalyzer but have only increased the amount of BAC to your disadvantage!

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2009-07-21 16:19:58 +0000
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This is an old question. It won't work. If you tried this with me this is what would happen:
I would order you to put the bottle down and open the door and step out. If you failed to comply I would remove you from the vehicle (breaking the window if I had to. It takes time for alcohol to enter your system, the alcohol you just drank would not make you drunk immediately. I would administer a few field sobriety tests and form an opinion you were impaired. I would then take you to the hospital for a blood test. Blood tests are quick and accurate (they require no observation period). I would then take you to jail. I would enter the partially consumed liquor bottle into evidence also and if needed I could work a formula to actually remove any alcohol concentration from the blood test that came from the alcohol you drank at the scene........but that probably would not be needed. Besides no judge in his/her right mind is going to buy your defense.

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2009-07-21 22:06:31 +0000
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That would not work at all. The officer still observed you driving in a way that caused them to consider you drunk.

In addition to the DWI charge you could be hit with (In NY State):

Open container violation for having the bottle open in your vehicle. Even if the engine is off, against the law.

Public intoxication

Tampering with evidence.

Littering (throwing your keys out the window.)

Interfering with a police investigation.

All of the vehicle and traffic offenses the officer saw you committed before the officer pulled you over.

Bad idea!

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2009-07-21 15:45:56 +0000
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LOL they would say you had to be drunk to drank the liquor in front of him like that and throwing the keys out never works if he sees you in the drivers seat

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2009-07-21 15:42:08 +0000
You can technically get a DUI for just being drunk in a car, that would never work. The only 100% effective way to beat it is to get out of the car and run for it, and actually escape.

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2009-07-21 15:45:00 +0000
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No. They would wait 20 minutes before testing you and then see what you BAC level was. They could extrapolate the alcohol at the time you were driving from that. Alcohol changes at a predictable and steady rate in the blood. Drinking more would just make it worse.

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2009-07-21 18:00:11 +0000
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Hypothetically speaking, are you a moron? Yes, you would still get a Driving Under the Influence charge. Most patrol units are equipped with in car cameras. Also the officer will still be a witness to the incident.

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