Refusal of breath test, refusal to accompany to station

Refuse PBT, to accompany, to remain, or to provide sample.
koncerned
Posts: 23
Joined: Thu Nov 12, 2009 4:12 pm

Refusal of breath test, refusal to accompany to station

Postby koncerned » Thu Nov 12, 2009 4:29 pm

Hi, thanks for this wonderful website, what a great public service you provide!

I have a question... what are the penalties for refusing the breath test or any other test.

I have one drink driving conviction, and I want to know what to do if I am ever targeted by the cops for this kind of thing again...

It is very important you understand, I don't care about fines, or loss of licence. All I care about is prison.

I know my one drink driving conviction makes certain intternational travel and immigration difficult.

Particularly, I only care about getting into the US. They have this thing about letting them know about all crimes of 'moral turpitude'...

If I am ever faced with a brethalyzer again, and I have alcohol in my body, I plan on refusing the test....

That way I will have my old drink driving conviction, and one conviction of refusing a test, which are two different crimes I assume....

My aim is to never get TWO validated instances of drink driving, because it makes it hard to get travel visas or green cards.

I couldn't care less about how long my Victorian licence is taken away from me for, or how much the fine is, my interest is in not looking like a serial convicted drink driver for international tourism purposes....

From what I have read, in terms of US immigration and travel, refusing a test isn't even on the level of a proven DUI....

Any advice on how I should approach it if these cops ever ask me to do a test again... and I am pissed...


So the question in a nutshell is, for international travel, is it better to have two DUIs, or one DUI and one refusal to test?

Thanks mate.

koncerned
Posts: 23
Joined: Thu Nov 12, 2009 4:12 pm

also too

Postby koncerned » Thu Nov 12, 2009 4:37 pm

was just reading anothe rpost on here from two weeks ago... what is the diff between an infringement and a conviction.....

I never went to court with my first and only drink driving thing... i just got some slip from the cops and some mail.... I went to court to get the thing back several months later... but I don't even remember anything being said about convictions and infringements.... I just assumed an infringement was the conviction... that if you didn't dispute the infringement, you got a criminal record.... i've never seen my criminal record or had a police check, but I assume the only thing on it is this drink driving offence from a couple of years back.....

I can't stand this Nanny State we live in. I blew what you're allowed to blow in Ireland and California. I don't feel bad or remorseful at all. I think these laws are basically foolish. It's none of the government's business what I'm doing or drinking unless and until my car collides with a person or property.

I am 6 foot 4, 200 pounds, why should my alcohol limit by law be the same as some petite skinny woman? It's foolish.

I'm good at driving, I've never had an accident, never harmed anyone or any thing.

koncerned
Posts: 23
Joined: Thu Nov 12, 2009 4:12 pm

And another one...

Postby koncerned » Thu Nov 12, 2009 4:51 pm

... I'm pushing it now aren't I?.... I have one more question... I think you're awesome and this site is just great.... very helpful... and very selfless....

The question is this....

Can you dispute drink driving infringements on the basis of mental illness?

Could you dispute a years old, settled matter, on the basis of mental illness.... could you claim the reason you didn't dispute it, was because you were mentally ill at the time... and now that you are not mentally ill, you want to dispute it, and have the conviction quashed...

Has there been successful defences, on the basis of so called minor mental illnesses, like 'depression', and so forth?

What if someone decided to intentionally get caught drink driving as many times as they could to set a record and because 'mental illness' made them do this self destructive behavior?

Don't have to answer all that, just generally give me a little something on DUI and mental illness....

I'm also interested in knowing what would happen if you refused to even speak to the police....

if you gave them your licence card with photo id, when they pulled you over to bretho you... you just remained silent the entire time, and did not cooperate with the breath test....

oscar
Posts: 710
Joined: Thu Nov 10, 2011 7:00 am

Postby oscar » Thu Nov 12, 2009 7:33 pm

you have a lot of questions....

i would also suggest you need a bit of help....

but to answer what i think is your simplest question, if you are found guilty of a refuse breath test / pbt etc... that is a second offence in relation to drink driving and will be seen as a second conviction by the US

Hardy
Site Admin
Posts: 8472
Joined: Thu Jan 01, 1970 10:00 am
Location: Melbourne Victoria
Contact:

Postby Hardy » Thu Nov 12, 2009 8:15 pm

How is the US government going to ever find out if you have disclosed all your traffic offences on your visa application? Do they ask you to submit a VicRoads traffic history? I doubt it. Why on earth would anyone want to travel to the USA anyway??

There is no mental element in a drink driving offence. Your state of mind is irrelevant. That might change if someone takes a case to the court of appeal.

koncerned
Posts: 23
Joined: Thu Nov 12, 2009 4:12 pm

So what happens

Postby koncerned » Thu Nov 12, 2009 9:51 pm

So what is the penalty for refusing to give the cops evidence there is alcohol in your body?

And what happens if you simply refuse to wind down your window and you lock your doors?

Can they smash the window in? You could stay in a stand off for a couple of hours and sober up couldn't you?

What do you mean by traffic offences? isn't it a criminal record thing?

Comrade Ash
Posts: 499
Joined: Sat May 24, 2008 5:10 am

Re: also too

Postby Comrade Ash » Thu Nov 12, 2009 11:07 pm

koncerned wrote:
I am 6 foot 4, 200 pounds, why should my alcohol limit by law be the same as some petite skinny woman? It's foolish.


Because to reach the same BAC, you'd have had more to drink than some wafer thin little girl due to relative size differences.

koncerned
Posts: 23
Joined: Thu Nov 12, 2009 4:12 pm

BAC measures not tolerance level.

Postby koncerned » Fri Nov 13, 2009 4:12 am

Fair enough. But BAC can't measure tolerance level, I might be real used to alcohol, to the point where I am the world's best drink driver...

I should be allowed to take a driving test pissed, and if I pass it, I get to continue to drink piss and drive... when I'm pissed I'm still a better driver than most women.

Let me have a chance to prove it.

This whole bullshit is a victimless crime anyway. I drink drive all the time, mostly in the mornings, and on monday, tuesday, wednesday nights. Afternoons are safe too.

And as long as you don't speed, you don't raise the pigs' attention.

And there is no booze buses on the times I regularly drink drive.

Anyway, my tolerance level is pretty good, the BAC is not the measurement for me... you need to get me to demonstrate I can drive around witches hats or some shit. I'm pretty good at drink driving. I enjoy it very much. It's quite a thrill to get away with it all the time.

oscar
Posts: 710
Joined: Thu Nov 10, 2011 7:00 am

Re: BAC measures not tolerance level.

Postby oscar » Fri Nov 13, 2009 6:39 am

I'm pretty good at drink driving. I enjoy it very much. It's quite a thrill to get away with it all the time.



....you're a goose

nemo
Posts: 63
Joined: Sun Jan 11, 2009 3:42 pm
Location: Australia

Re: BAC measures not tolerance level.

Postby nemo » Fri Nov 13, 2009 6:55 am

koncerned wrote: I drink drive all the time, mostly in the mornings, and on monday, tuesday, wednesday nights. Afternoons are safe too.

And as long as you don't speed, you don't raise the pigs' attention.

And there is no booze buses on the times I regularly drink drive.

I'm pretty good at drink driving. I enjoy it very much. It's quite a thrill to get away with it all the time.


Where do you live, and what car do you drive? :lol:


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