modovonmodo (November 30, 1999 at 12:00 am)

What a cunt!

1776freedom (November 30, 1999 at 12:00 am)

He has D after his name. He is totally innocent. The bitch set him up.

UsualStaples (November 30, 1999 at 12:00 am)

Handcuffing hurts, there is no way around it.

coltfan1972 (November 30, 1999 at 12:00 am)

Not fun at all but very expensive for sure. However it is easier to get a job with a robbery conviction on your record than a DWI.

coltfan1972 (November 30, 1999 at 12:00 am)

The state is Arkansas. The law is that if you are found not guility of the refusal by the trial judge then immediatley the DMV gives you back your license and there is no record of the suspension on your driving record. The DMV for the most part is just a rubber stamp in my state. In fact the lawyer said don't even show up and fight it at the DMV. They use the PR and then suspend the license. That is just for Arkansas is all I know.

bullsfan102 (November 30, 1999 at 12:00 am)

DUI is fun when u get away with it....

NDAaron (November 30, 1999 at 12:00 am)

Im understand what the fruit of the poisonous treee is..I think your "killing the president" example is a bit extreem...sure if the confession was illegally obtained that can be supressed but that doesnt mean that all other evidence that existed prior to the arrest is thrown out..I didnt know that the courts "trump" the DMV in AR in DUI's in most states they are seperate proceedings and not dependant upon each other...interesting.

coltfan1972 (November 30, 1999 at 12:00 am)

I am in Arkansas. The charges are different but the criminal charge trumps the DMV. I am only talking about an illegal arrest. You can admit to killing the president but anything you say or admit to after an illegal arrest is like it never happened. Therefore the refusal never happened.

coltfan1972 (November 30, 1999 at 12:00 am)

You are correct. However what you must realize that most don't. It does not matter what happens after an illegal arrest. It is called fruit of the poisonous tree. That means that anything you did, said, ect,... after the illegal arrest is suppressed. I agree that if you beat the traditional DWI and then don't take the BAC at the station that is a separate offense. I am talking about an illegal arrest on the front end.

NDAaron (November 30, 1999 at 12:00 am)

While this is true in many states, regardless of the result of the criminal trial your refusal to submit to chemical screening/testing will automatically result in administrative revokation of your license through the DMV. Did it happen in your state/case?