• I am not guilty of what I am being charged with and they can not prove that I am
• I have no hesitation about taking this to trial – none

So, stay tuned and I keep you up to date on a more frequent basis this month…….Good night and God Bless You!

I especially like the one about everyone demanding a jury trial….

I don’t know if it holds true for all arrests (I suspect it does) but there is an overwhelming presumption of guilt until YOU prove yourself innocent with DUI cases.  You read blogs…can I sue the police for false arrest since I was found not guilty??  No, you weren’t “harmed”!  Bullshit! 

You were harmed, you were lied to by those sworn to protect and serve, you were handcuffed needleesly tight even thought you were cooperative, you spend the night in jail (even though our legal system is supposed to be based on the presumption of innocence until proven guilty in a court of law).  You either plead guilty to get it over with and pay a ton of $$ for classes, fines, etc.  Or you do like I am and hire an attorney for a ton of $$ to defend you against a charge with a crazy low bar of probable cause.

The bar for probable cause for a DUI arrest is so low that an officer can arrest you pretty much for subjective decision making on their part. 

“Strong Odor Of Alcohol”… it’s in everyone’s police report…that along with them scoring you (again, subjectively) on SFSTs.  Tests that have no relation to alcohol impaired driving.  Wait, I know…I know…the HGN…that one is scientific.  Wrong, again subjective scoring and most often administered by the officer incorrectly.

Walk and Turn and One Leg Stand….both not the least bit scientific and designed purely to gather evidence to convict you later.  They are coordination tests and in no way measure BAC.

I am a white guy – but pull up the mugshots for your county and tell me there is not racial profiling.

There is no concrete evidence to your Blood Alcohol Content unless you blow into the Intoxalyzer {sp?} or get a blood test or one of the other state mandated tests…Without that, its a collection of non-scientific facts and perjury by law enforcement to try and get a conviction.  Hell, even that Intoxalyzer thing is about as reliable as dial up internet from what I have read.

In addition to the financial harm…your arrest is public record and even though you have not been convicted of anything…the world knows….and your name is crap….

I am innocent …I just happen to get an aggresive officer….I am by no means saying all policemen are bad….I would hazard a guess that most are pretty stand up people.  Its just when it comes to DUI arrests they are basically police, judge, and warden….that is a lot of power and can be abused.

The prosecution really needs you to blow or have a blood test or something concrete (so if you refuse, you lose your license for a year)…or do they….scour the internet…numerous people have been convicted of DUI in non moving vehicles, vehicles not even running, cases where really all they have are the big 3 all of which are subjective

1. failed SFSTs
2. Strong odor of alcohol, glassy eyes, yada yada yada
3. What ever the officer decides to testify too…truth or not.

It’s really just helpful if they actually have your BAC.

And as for those “Sir, have you been drinking” commercials – see you tube…I have said it before and I will say it again – there is no law against drinking alcohol and driving.  You have to be impaired.

But hey, its a money maker for your county…so why not go after it….

On the other hand, a bogus DUI charge can ruin your life….

I only wish I knew more about how to get my blog out there…I would love to debate any of this with a police officer, a prosecutor, a judge, someone from MADD…just about anyone who thinks I am off…

Truth is I was arrested for DUI and I did not break the law.  Meanwhile, all the people who are going to decide my fate, policeman, prosecutor, judge, etc will all sleep better tonight than I will…it’s just a job for them…for me…it’s my life and career and reputation…I will fight this thing until the end!

Thanks for reading…..http://www.not-due-process.com

Visit the main site at http://www.not-due-process.com

Until then my friend

1. Old reliable “Strong Odor of Alcohol” – even though alcohol is odorless
2. Alledged failure of HGN and Walk and Turn
3. Bloodshot eyes, watery glassy eyes, etc
4. Alcosensor – inadmissable because it only detects precence of alcohol – not amount.

So, he could just tell by looking >.08%…thats pretty good!

Jail in Georgia….probably about like everywhere else.  It’s Detention Center Jail where I was…I gathered real jail was upstairs – I did not want to go upstairs.  At any rate, young officer #1 transported me to jail (and lied about a few things related to Implied Consent[sorry did it again]).  I was removed from the car where he drove us in the dark and played with his computer the whole way (thats not dangerous).  I was walked inside to the “Booking Officers” (here on I will refer to as BO).  The BOs to whom I was turned over were actually quite nice and polite.  They asked me to turn around and place my hands on the wall as they uncuffed me and I was told to put my hands on the wall and spread my legs which I did.  Cool Officer 3 then frisked me again and ask me to turn around…I call him cool because of all the folks I delt with that night – he was the only one that treated me with any respect.  I turned and had my photo opp (mugshot) and was asked to walk to another area through a metal detector to metal benches and have a seat and wait.  At this point it was good to have the cuffs off (which #1 put on extremely tight although I was very cooperative…he even noted I was arrested without incident).

So it was just me and the sleeping Latino down the bench.  I thought this is not so bad, but what in the heck am I doing here??

A few minutes later I am called up by different BO’s who took more info from me…are you taking any meds, how much, etc…and then told to sit back down.  Several minutes later about 12 hours of “fun” began as I was taken to my first holding cell (didn’t even have a door on it) and I was in there with about 20 other people included previously mentioned sleeping Latino.  For the next 3 or 4 hours I was bounced from holding cell to holding cell…keeping to myself and watching the people.  Blew my mind that some could sleep.  I was so freaked out about being arrested there would be no sleeping.  Finally at about the 4 hour mark I was fingerprinted and given a bracelet with my mugshot on it.  Guess they did not want to lose me.  One thing I learned very quickly by watching others was to be nice to the BO’s.  This was there house and they made the rules. Leave them alone and they leave you alone.  Have question and you have not been a jackass…your chances are better of getting an answer.  At this point we were all moved to a different cell with a phone bank.  Big learning experience for me as it relates to calls from jail…you actually get more than one…but it’s probably not until you have been in the can for about 4 hours.  So at this point, I did what everyone else did and started calling for help on getting bailed out.  My bail on a DUI was about $1,500 but only about 10% or $150 would be needed to get me out if I had a friend go to the bondsman and sign for me.  Phone numbers on the wall for the bond guys.  It was at this point I realized two deficiencies a) I did not have an attorney b)and all my phone numbers were stored in my cel phone and not my head.  So as much as none of us ever want to go to jail – please do this for yourself.  Write down the number of an/your attorney and write down the number of friends and/relatives who are candidates to come bail you out.  I suggest you have several to pick from.  The BO’s will let you take the paper to the holding cell with you…on the other hand your cel phone and all other personal items (including shoe strings) will be in a holding area for that stuff.  If you have your bail lined up…then there is not much left to do but wait.  Just because someone went and paid your bail there is no hurry on getting the paperwork processed.  The only think that might make it easier is if you do already have an attorney and you call them to come down.  That will at a minimum get you out of the cell for a bit to one of those little rooms where the glass is between you and you talk by phone.  Also, he may have better luck getting your paperwork tracked a little faster.  That is about it for jail…I will reference it again I am sure from time to time but I will close with ….suffice it to say, I don’t plan on ever going back…..as always pardon the spelling and grammar…..

More to come…in the meantime; God Bless America and its justice system…seriously I would not trade living here for anything.  And safe wishes to all those who protect us (military, police, fire dept…everyone).