Joe Blow

Bristol, VA

#21 Sep 19, 2012
Name wrote:
<quoted text>You don't get to request blood be taken.
I'm pretty sure you can. If you are completely sober, get pulled over and blow a .12, you can contest that the meter is not valid and request that blood be taken. Of course, you can't do anything about it at this point. You said that you had to use the same machine 3 hours later that you used in the field. How is this possible? They called the same officer back out and used the very same machine? Something doesn't sound quite right about this.
The Baron

Abingdon, VA

#22 Sep 19, 2012
Just Us wrote:
By: DANIEL GILBERT | Bristol Herald Courier
Published: October 31, 2008
ABINGDON, Va.– For the son of a local judge charged with drunken driving, a visiting judge last week left the bench during the regular docket to hear the case in a vacant, overflow courtroom in Washington County General District Court.
The only people witnessing the Oct. 21 hearing for Matthew Randall Lowe were the presiding judge, a special prosecutor from Buena Vista, Va., Lowe’s defense attorney, the complaining state trooper, a member of the clerk’s staff and a bailiff, said the prosecutor, Christopher Russell.
When both parties emerged, they had reached a deal to strike the enhancing factor from Lowe’s high blood-alcohol content in exchange for his guilty plea – meaning he will serve two days in jail as opposed to the mandatory 10 days for a blood-alcohol content of 0.20 grams per 210 liters of breath or higher.
Lowe’s blood-alcohol content was tested at 0.24 – three times the legal limit – more than 100 minutes after the traffic stop.
Lowe, who turned 23 two days after the hearing, is the son of Circuit Court Judge C. Randall Lowe. Matthew Randall Lowe also was fined $250, given a restricted license, placed on probation for 12 months and sent to an area substance abuse program.
This case was/is strange. Probably more going on than the public knows about.
Joe Blow

United States

#23 Sep 20, 2012
There is a difference between a handheld preliminary test used in the field, and the breath machine that stays stationary in jail facilities...
DrunkenMule

Charlottesville, VA

#24 Sep 20, 2012
Joe Blow wrote:
<quoted text>
I'm pretty sure you can. If you are completely sober, get pulled over and blow a .12, you can contest that the meter is not valid and request that blood be taken. Of course, you can't do anything about it at this point. You said that you had to use the same machine 3 hours later that you used in the field. How is this possible? They called the same officer back out and used the very same machine? Something doesn't sound quite right about this.
I agree it does not sound right.
DrunkenMule

Charlottesville, VA

#25 Sep 20, 2012
skeptor wrote:
I had a DWI the other night and I was not drunk at all!!! The breath machine read that I was. Please if anyone knows any info to help me, Please! Any great lawyers names would also help. I am 42 years old and this is my first offense. I just have so many other little issues that interfere with my situation. Thanks!
You never say why they pulled you over?? They need probable cause to pull anyone over or was it a road check point? Also the officer is required to use the breath machine at the jail once you get there and cannot rely soley on his feild tester. His feild tester gives him cause to take you to the jail for another test. At one point in your post you say FOUR hours later then you say THREE hours later???? Which
UNEQUAL JUSTICE

Abingdon, VA

#26 Sep 20, 2012
Just Us wrote:
By: DANIEL GILBERT | Bristol Herald Courier
Published: October 31, 2008
ABINGDON, Va.– For the son of a local judge charged with drunken driving, a visiting judge last week left the bench during the regular docket to hear the case in a vacant, overflow courtroom in Washington County General District Court.
The only people witnessing the Oct. 21 hearing for Matthew Randall Lowe were the presiding judge, a special prosecutor from Buena Vista, Va., Lowe’s defense attorney, the complaining state trooper, a member of the clerk’s staff and a bailiff, said the prosecutor, Christopher Russell.
When both parties emerged, they had reached a deal to strike the enhancing factor from Lowe’s high blood-alcohol content in exchange for his guilty plea – meaning he will serve two days in jail as opposed to the mandatory 10 days for a blood-alcohol content of 0.20 grams per 210 liters of breath or higher.
Lowe’s blood-alcohol content was tested at 0.24 – three times the legal limit – more than 100 minutes after the traffic stop.
Lowe, who turned 23 two days after the hearing, is the son of Circuit Court Judge C. Randall Lowe. Matthew Randall Lowe also was fined $250, given a restricted license, placed on probation for 12 months and sent to an area substance abuse program.
as always, those in the clique get the gravy. Lowe himself ought to be ashamed passing judgemnent on others while wcrewing the system for his own family's advantage. theat hearing should have been in open court where the spectators were. crooks what else can you say? don;t worry too much, maybe the boy will eventually f up enough that daddy can't save his ass
heres the deal

Abingdon, VA

#27 Sep 20, 2012
skeptor wrote:
<quoted text>
No, Sir, I was not drinking at all!! That is the main point. Please don't be so harsh when you didn't know all facts. If I knew I had done wrong I would not be asking people on here for advice, I would own up to it. Thanks for your concern, but no I hadn't drank at all. BTW: Another point made eariler was that I blew on the same machine several times, including three hours later, it was still the same machine & the same total (which just don't seem right out of common sense. Thanks for your concern, but I was not drinking at all so therefore I feel that your comment to face the music and go on would be great, but in this situation it is not. I would agree with you if I knew the person was drinking to begin with. But as I said before, this was not the case. Thanks again for all advice!
if the breathelyzer used on the spot is all they ever used in determining your alcohol level, then your lawyer should get this dismissed. I cn't believe the magistrate would write a warrant based only on that field use equipment, the magistrates apparently is a rubber stamp for the cops. If you were not tested on the pofficial calibrated machine by a certified officer, then you should win this. WERE YOU TESTED ON THE OFFICIAL ELECTRONIC BREATHELYZER MACHINE?
Getting to the bottom

Bristol, VA

#28 Sep 20, 2012
So you were apparently with the arresting officer for 3 hours. Can we have his name?
Googled

Duffield, VA

#29 Sep 21, 2012
From reading on websites it says that you just have to be arrested within 3 hours of the "alleged offense"... If you we're not tested for 3 hours after you we're arrested then that just helped you. Somebody already posted some estimated rate of dissipation of your bac so the longer it took for you to take your test after getting arrested the better.
1badmouse

Abingdon, VA

#30 Sep 21, 2012
people you had better wake up...probable cause no longer matters,you can be stopped for any reason and for no reason. and yes the magistrates are just rubber stamps for the police, magistrates are a waste of time now,just fat and laze.
they can accuse you of anything for any reason and its up to you to prove you didnt do it.
law enforcement around hear is a joke.
The Baron

Abingdon, VA

#31 Sep 21, 2012
Talk to a lawyer already.
Info Please

Moundsville, WV

#32 Sep 21, 2012
Does anyone know who owns the old Dellinger house out near South Holston Lake and if anyone is living in it now?
Info Please

Moundsville, WV

#33 Sep 21, 2012
Sorry...wrong place
hey

Abingdon, VA

#34 Sep 21, 2012
Googled wrote:
From reading on websites it says that you just have to be arrested within 3 hours of the "alleged offense"... If you we're not tested for 3 hours after you we're arrested then that just helped you. Somebody already posted some estimated rate of dissipation of your bac so the longer it took for you to take your test after getting arrested the better.
thought it may be taht you have to be tested within 4 hours or they can't do/use it against you. check the VA Code on 18.2-266 I believe
Fred

Charlottesville, VA

#35 Sep 21, 2012
Info Please wrote:
Does anyone know who owns the old Dellinger house out near South Holston Lake and if anyone is living in it now?
Charles Manson was released and now lives there.
Googled

Johnson City, TN

#36 Sep 21, 2012
18.2-266 is the DUI code. 18.2-268.2 involves the Implied Consent Law. It appears to only mention that you have to be arrested within 3 hours of the alleged offense. I don't see a time mentioned of arrest until tested limit.....
§ 18.2-268.2. Implied consent to post-arrest testing to determine drug or alcohol content of blood.

A. Any person, whether licensed by Virginia or not, who operates a motor vehicle upon a highway, as defined in § 46.2-100, in the Commonwealth shall be deemed thereby, as a condition of such operation, to have consented to have samples of his blood, breath, or both blood and breath taken for a chemical test to determine the alcohol, drug, or both alcohol and drug content of his blood, if he is arrested for violation of § 18.2-266, 18.2-266.1, or subsection B of § 18.2-272 or of a similar ordinance within three hours of the alleged offense.

B. Any person so arrested for a violation of clause (i) or (ii) of § 18.2-266 or both,§ 18.2-266.1 or subsection B of § 18.2-272 or of a similar ordinance shall submit to a breath test. If the breath test is unavailable or the person is physically unable to submit to the breath test, a blood test shall be given. The accused shall, prior to administration of the test, be advised by the person administering the test that he has the right to observe the process of analysis and to see the blood-alcohol reading on the equipment used to perform the breath test. If the equipment automatically produces a written printout of the breath test result, the printout, or a copy, shall be given to the accused.

C. A person, after having been arrested for a violation of clause (iii),(iv), or (v) of § 18.2-266 or § 18.2-266.1 or subsection B of § 18.2-272 or of a similar ordinance, may be required to submit to a blood test to determine the drug or both drug and alcohol content of his blood. When a person, after having been arrested for a violation of § 18.2-266 (i) or (ii) or both, submits to a breath test in accordance with subsection B or refuses to take or is incapable of taking such a breath test, he may be required to submit to tests to determine the drug or both drug and alcohol content of his blood if the law-enforcement officer has reasonable cause to believe the person was driving under the influence of any drug or combination of drugs, or the combined influence of alcohol and drugs.

(1992, c. 830; 1993, c. 746; 1994, cc. 359, 363; 1995, c. 23; 2002, c. 748; 2004, c. 1013; 2005, cc. 616, 757, 840.)

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Name

Johnson City, TN

#37 Sep 21, 2012
1badmouse wrote:
people you had better wake up...probable cause no longer matters,you can be stopped for any reason and for no reason. and yes the magistrates are just rubber stamps for the police, magistrates are a waste of time now,just fat and laze.
they can accuse you of anything for any reason and its up to you to prove you didnt do it.
law enforcement around hear is a joke.
Spelling here is a joke.
Info Please

Moundsville, WV

#38 Sep 21, 2012
Fred wrote:
<quoted text>Charles Manson was released and now lives there.
Goody - Goody. That's the very place I want to be. Thanks for the info "Charlie" :) never cover your real name with FRED
Curious

Bristol, TN

#39 Sep 27, 2012
So Skeptor, any new developments?
1badmouse

Abingdon, VA

#40 Sep 29, 2012
does spelling really have anything to do with the topic here ? picking at spelling/grammer/ect is childish.

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