so i screwed up.

[Rule10b5]

Originally Posted by Mark

and whent and got a Disorlder conduct charge agenst me. What is this going to do for my gun rights down the line? blew a .08PBT at 20 years old and no i wasn't driving

If you weren't driving, why did you consent to a sobriety test?

Decline, and instruct the officer that if he believes you've committed a crime that he should cite or arrest you. At .08% you shouldn't be appreciably intoxicated, so long as you aren't running your mouth or trying to touch your nose with your eyes shut.

Without the test, his case is shit, and the ADA kabooms the case at the preliminary hearing.

[steveforopen]

Originally Posted by pex

So, can we blame me yet for Mark not coming back to get the information he needs?

I was looking forward to posting 10 parts useful follow-up with a dash of personal attack pending it was deserved.

Nothing personal Pex. I just felt that your post would have deserved positive rep had it been lacking the first line.

People make mistakes. Should we infer that all people who do stupid things when they are intoxicated are ALWAYS intoxicated? Or that misspelling is a sign of mental incompetence? Not only did it come off as rude, but it also was "kicking someone when they are down."

[pex]

Originally Posted by steveforopen

People make mistakes. Should we infer that all people who do stupid things when they are intoxicated are ALWAYS intoxicated? Or that misspelling is a sign of mental incompetence? Not only did it come off as rude, but it also was "kicking someone when they are down."

You didn't find anything comic about a guy asking about what are going to be excessive government restrictions (pursuant to our several Constitutions) based upon offenses he apparently committed having to do with alcohol, all while providing a post severely lacking in articulation and suitability toward his end?

There would be no crux to my statement...because if he really was 'down', and I can only assume you mean that he must be mentally incompetent or a habitual drunkard, both being precluded from licensing and ownership by our overzealous government, then his question can be quickly answered.

Otherwise it is jab at his presentation. He's just some random guy who posted a (lacking) post to apparently try to get information, and it really didn't come out well. I think a reasonable person (such as myself) would expect that he fix his original post with the edit function or refine and articulate on future posts. I didn't go out of my way to make a comment on his horrible presentation, I went out of my way to set the wheel in motion for his eventual satisfaction-to-inquiry...for something he probably should have, and may or may not have, searched the forum for already.

I know it's hard to find things through search some time, so for the sake of not only him but others, I chose to post and help saturate the forum with answers, expecting HIM to follow up duly. His post doesn't deserve a lot of respect and as I've pointed out before, he doesn't seem new to the internet or PAFOA, having hundreds of posts and a start date BEFORE mine.

Notice that Rule10b5 posted something potentially useful to anyone who views the post. Did he post because I bumped the thread to the top with my callout? I'll never know. I can only hope I increased the chances of the visibility of this thread toward its improvement.

I see this as a case of hypersensitivity to something that didn't even occur. If he made a (or several) mistake(s), my words don't affect his ability to fix it (or them).

[Mark]

Sorry I've been working a lot (2 jobs). Ok heres what happend I was at my house with a rare day off work so i poored myself 2 rum and cokes to just chill and watch some tv blah blah blah. A friend of mine pulls up in his truck and askes if i want to go swimming at lock 60. so i go after downing the rum and cokes. after about 15-20 minutes their the cops show up. apperently i reeked of alochol and i looked stoned (hurt myself really bad snowboarding this year and i'm on pain killers for 4 herinated disks in my back) and he said he could eaither just breathilaze me or we could go to the station and do a hole blood test. I knew i'de be screwed anyway for the booze and the pain killers would take way too much time to conform the script. so i just did the breathalizer and then he took my information and i whent on my way.

Originally Posted by shermdo

What scholl are you attending Mark? Sorry if off topic.

Its called Green Mountian College in Poultney VT. its kinda like a hippie commune from the 1960's but with classes. I'm a sustainability major. Think that hole going green movement.

[Dredly]

so just to confirm...

1. You are on a pain killer

2. You are underage

3. You mixed Rum w/ prescription pain killers

4. You went swimming


you probably should have just left it at you were drunk..

Liquor + Meds = BAD news... trust me Unless you drink regularly while under the influence of pain meds there is no telling what will happen and then you go swimming?

[pex]

Originally Posted by Dredly

so just to confirm...

1. You are on a pain killer

2. You are underage

3. You mixed Rum w/ prescription pain killers

4. You went swimming


you probably should have just left it at you were drunk..

Liquor + Meds = BAD news... trust me Unless you drink regularly while under the influence of pain meds there is no telling what will happen and then you go swimming?

Without knowing his weight...it could be a bad idea, but it's not a criminal idea. It's really a shame that he didn't deflect the police, because if all he had to go to was swimming, it wouldn't be that inconvenient (if he could only foresee today!)

Mark, thanks for not running away crying after my heinous verbal assault...

In the meanwhile, look your name up in the following places:

http://ujsportal.pacourts.us/WebDock...rCriteria.aspx
http://ujsportal.pacourts.us/WebDock...a.aspx?mode=cp

You only need to enter your Last name and then a starting/ending date (01/01/2000 to 01/01/2009 is the best). I think it says on the website how far records go back, but I believe it's about 8-10 years.

The best way to find your permanent record is to get into contact with the courthouse of the jurisdiction that took your case (or your plea) so that you can find the disposition of whatever the crimes were claimed to be, and what the results were.

Another avenue, although I don't know how new records must be to show, is using the PA State Police PATCH system to get your criminal history. Because summary offenses aren't considered criminal (at least in the courts), I am not sure if they are included in a PATCH criminal history, but it's possible they are.

Go here for the PATCH history:

https://epatch.state.pa.us/Home.jsp

Consider, after taking these steps, coming back to us and updating us on what you've found so we could offer better assistance, since what you've given us is (and can't be) the full story.

If you need to know about prohibiting factors, see sections of statute 18PACS6105 and 18PACS6109. You can surf statutes at:

http://government.westlaw.com/linked...sp?SP=pac-1000

So, everyone who thinks I am the asshole is now the asshole.

[Rule10b5]

Originally Posted by Mark

and he said he could eaither just breathilaze me or we could go to the station and do a hole blood test.

The best response to that statement from a police officer under the circumstances is likely: "You're going to need to get a court order. I'm not consenting to anything. And if I'm under arrest I want a lawyer."

[Mark]

Originally Posted by pex

Without knowing his weight...it could be a bad idea, but it's not a criminal idea. It's really a shame that he didn't deflect the police, because if all he had to go to was swimming, it wouldn't be that inconvenient (if he could only foresee today!)

Mark, thanks for not running away crying after my heinous verbal assault...

In the meanwhile, look your name up in the following places:

http://ujsportal.pacourts.us/WebDock...rCriteria.aspx
http://ujsportal.pacourts.us/WebDock...a.aspx?mode=cp

You only need to enter your Last name and then a starting/ending date (01/01/2000 to 01/01/2009 is the best). I think it says on the website how far records go back, but I believe it's about 8-10 years.

The best way to find your permanent record is to get into contact with the courthouse of the jurisdiction that took your case (or your plea) so that you can find the disposition of whatever the crimes were claimed to be, and what the results were.

Another avenue, although I don't know how new records must be to show, is using the PA State Police PATCH system to get your criminal history. Because summary offenses aren't considered criminal (at least in the courts), I am not sure if they are included in a PATCH criminal history, but it's possible they are.

Go here for the PATCH history:

https://epatch.state.pa.us/Home.jsp

Consider, after taking these steps, coming back to us and updating us on what you've found so we could offer better assistance, since what you've given us is (and can't be) the full story.

If you need to know about prohibiting factors, see sections of statute 18PACS6105 and 18PACS6109. You can surf statutes at:

http://government.westlaw.com/linked...sp?SP=pac-1000

So, everyone who thinks I am the asshole is now the asshole.

thanks when i get some real free time i'll have to look my info up on thoes sites.

(and it takes a lot more than virble assult on a message board to scare me away.)

[Jup06]

Originally Posted by Rule10b5

The best response to that statement from a police officer under the circumstances is likely: "You're going to need to get a court order. I'm not consenting to anything. And if I'm under arrest I want a lawyer."

I was under the impression that since he was underage, implied consent still holds even if he wasn't driving. I.E. if he didn't consent to the test, he'd lose his drivers license anyways.

Mark, I wouldn't sweat a summary disorderly conduct charge. A speeding ticket is considered worse. Disorderly conduct can include things as stupid as spitting in the street or flipping someone off while driving. It's PA's catch-all crime and plenty of people have been charged with it. It's much better than underage drinking, thats for sure.

[Willie D]

I was under the impression that since he was underage, implied consent still holds even if he wasn't driving. I.E. if he didn't consent to the test, he'd lose his drivers license anyways.

I think this is the case. However, it's still up to the cops to prove alchohol use. Don't fall for the old buddy buddy "How many drinks did you have" bit and incriminate yourself. Let them work for it.


I got a similar citation at age 20 and it has never come up in a background check or anything.