Moped OUI

Wayne Broderick /

In October 1998 I was riding my Honda Express, (1978, no pedals). I had one 16 oz glass of beer at the place I was working. A cop pulled me over to tell me I needed to wear a helmet. He was really mad when I told him that legally, a helmet was not required.

I got arrested, tested and at the station, I blew a ".02" the legal limit for an adult in Maine is ".08"

So, he tried to prove that I was "high" as well as "drunk". I refused any further tests and so I ended up with a "mandatory" 9 month license suspension for refusing the drug test. I didn't receive any criminal charges, but I did have to go to a whole weekend "Drunk Driver" seminar where they made me sleep over with a bunch of clowns one step up from 'stew-bums'.

It was a terrible thing all the way around. The people at the seminar were all severe cases and there I was ".02 on a moped". I'm a non-drinker-- it was odd that I had one beer that night, but a friend insisted on buying me one.

Anyway, if I hadn't treated the cop like an asshole from the beginning of the stop, I probably would have been allowed to drive off...

I learned a lot about from this, so I don't really regret it. My wife did have to listen to "what a victim I was..." for about a year.

Hope you laugh, learn or at least find it interesting.

Re: Moped OUI

Listen,Wayne! Don't ever let them run over you like that! Even a cheap lawyer would have busted their chops for that one! If that's still on your license you should get exonerated of it. Unless we speak up for our selves he'll just keep bullying people around.And if you couldn't afford a lawyer right then you should call the ACLU. They'd have had him waking a beat or publicly apologizing. Most police are o.k., but this one needed a good legal whoopin' ! BYE!

Re: Moped OUI

well i dunno bout that..i dunno if maine is similar to illinois, but in illinois if you refuse a drug or alcohol test then they proceed as if the test had been positive. so in any case its better to just go through with the tests whether you're drunk, high, or clean..

Re: Moped OUI

Hey, Wayne! All due respect to Michael,but I disagree that you should submit to any test when all he did was pull you over for a so- called helmet violation. I do know a little about this,and believe me,he has NO RIGHT to test you in this case unless you were weaving or driving recklessly. As I said before,even a barely competent lawyer would have had you eating that cop's lunch for him! Just suppose they do the test and they muff it,or you've got some medicine in you.Then you're looking at a drug charge and you've made it hard to prove your innocence. I would not have taken the extra test,but I'd have made him think twice about harassment of innocent people! BYE!

Re: Moped OUI

i agree that perhaps the right to arrest someone for refusing a test is extreme ... but it's also the law in many states.

i think what michael meant, and i totally agree, is that if you treat cops in a civil manner, they will usually treat you the same way. we've avoided problems w/ the law usually by just being very polite to them. they are, after all, just doing their jobs. most of them are pretty ok.

Re: Moped OUI

Hello again ,Wayne,Michael and Miguel!The police don't give a hoot about your reputation,so you've got to aggressively protect it. Like Miguel says: MOST police are o.k.....But like i'm trying to convey here for everybody's good,when someone tries to ruin your reputation or good name,in my opinion,it's a reflection that casts a long shadow.It can shame your Father,Mother ,your kids especially, and your wife.This is why the United States has so many citizen's rights and,I'm sorry to say,needs defense attorneys to protect those rights from being stolen from you. `INNOCENT UNTIL PROVEN GUILTY', in this country,but you may need a lawyer to see to it that you receive the benefit of the above decree.If your reputation doesn't mean that much to you,then what I just said has no meaning for you.I have respect for authority,but I will fight for my good name.Sorry if I seem to be preaching! BYE!

Re: Moped OUI

I think the point here is that even if you are in the right and a police officer is abusing their position of power it

Re: Moped OUI

I agree totally with daveb. And as for submitting to tests--DON'T DO IT--whether you're in a car or a moped---if you submit to testing and you are found to have any sort of drug in you (alcohol included)--then the police have evidence. If you refuse to take the test, then they can (at least in IL) suspend your license--but if you go to court, there is NO physical evidence for the cops to show the Court. At least then you have a very good chance of getting out of a conviction!

Re: Moped OUI

Chris Robertson /

I'm always reluctant to give cops a hard time because there is <b>always</b> something they can write you a ticket for (I found that out when I got a jaywalking ticket when I was 18). Whether or not you can prove you are innocent later is just a gigantic time-consuming hassle and can cost a fortune (easily more than the ticket itself) if you need a lawyer.

Be careful about the laws regarding refusing to submit to an alcohol test. Here in Ontario, it is illegal to refuse to submit to the test (it is <i>not</i>, legally, the same as failing the test). The only thing the cop has to prove is that you refused to take the breathalyzer for you to be guilty. I recommend you look up the laws that apply to you in your state before you start pissing off the cop who has you pulled over.

I don't know about the US, but in Canada, a cheap lawyer is still going to cost $150/hour.


Re: Moped OUI

yes, check your laws state by state or province/country, whatever. but i agree w/ daveb. it's best just to be polite to them and then be on your way.

we have to keep in mind that cops to literarly put their lives on the line for us. just before pulling you over, that cop may had to deal w/ some pretty nasty situations and is in a bad mood. that may not excuse their being rude to you. but keep that in mind. usually just being polite to them is enough.

after all, if you aren't following the law, you have little to complain about. and if you want to fight the system (w/ is a good idea), then you have to be willing to take the consequences. that means not complaining. that's what civil disobedience is all about.

now, i've never refused a breathelizer or any other kind of test. i've never been in a position where i had anything "incriminating" in my posession. so just take the test and move along. if you are legally drunk, then i have no sympathy. the cop should take your wheels (at least for the night).

of course, one beer may not do any harm. and the cop would probably have just let you go. if you had no other drugs in your system, you should've passed the test. then you could've avoided the drinking and driving seminars and the suspended license.

but that's just my two cents worth. i'm more than willing to jump to the barricades, believe me. but sometimes you have to pick your battles.

what were you innitially charged with?

i guess what i don't understand is: how did he get you to the station? if you were right about the helmet and you hadn't had a breathylizer yet, what was the charge?

if you've had 1 beer, just tell 'em you've had one beer. either they believe you and don't care or they think you're lying and you've had 8 beers and they'll make you follow the little flashlight. (which shouldn't be too hard after 1 beer.)

the best way to handle cops is as if you have nothing to hide, and fess up to anything they'll let you walk on. "do you have any drugs or alcohol on you? no, officer... oh wait, yeah, i got a roach in my pocket from the other day... i never drive stoned, though." chances are thay don't give a shit if you're honest up front. KNOW WHAT YOU CAN GET AWAY WITH!

Re: what were you innitially charged with?

Wayne Broderick /

I was taken to the station before I was tested. The intital charge was "DWI". When I was tested at the station, and I blew a ".02" he started saying I was on 'other drugs' and we needed to do more tests.

I think he was upset, because I wasn't drunk, but had already been taken into custody--at that point he had to prove something.

I refused any other tests and kept telling him that I'd see him in court, before a jury, watching him try to prove ".02 on a moped". I told him that the DA would laugh it out of court and would also laugh at him.

I told him he was a brainless rookie, who made less than 22k (all police salary records are at City Hall-I look 'em up just for reference). I was taunting this guy bad, for a long time at the station--

I kept asking for water, for like 2 hours while he kept telling me I'd have to take more tests. Finally, he said I could go home if I peed in the cup. I started laughing again and told him to go and get the detectives so we can figure out why Thirsty Guy doesn't have to go whiz!!

When I decided not to submit to the urine test, I knew I'd be losing the license for 9 months for a "refusal". But, I asked him: "You really want me to pee in the cup, dont you?"

He said "Yes".

So I said "if that's what you want, that's what I'm not doing."

and so, I got the refusal/ 9mos suspension. I got a "DWI" summons, but like I predicted, the DA didn't push the case and it was dropped.

He was new to the local force, fresh out of the marine corps (not kidding), dealing with a smart-ass who laughed at him from the word go. If I had kissed his dumb marine corps ass, he would have let me go, then I could have gone and filed an official complaint at the station for his illegal stop.

I've learned a lot-- the hardest part is trying to be polite with a poorly educated public servant.

instead of thinking them as "police officers" think of a Qwik-E-Mart worker with a badge and a gun. That's more accurate.

Keep mouth shut, say please and thanks, provide required information and answer all questions in one or two words.

Yes, this sucked-- No criminal charges. Cost like 500$ for that crappy course they made me sleep over at.

has anyone else been charged with Moped DWI? Or at least a "Driving to Endanger" or "Reckless Driving"?

FYI, I got a lawyer (good one too) from Student Legal at USM. He made sure I was aware of all my options.

Re: what were you innitially charged with?

Hey,Wayne! You should have clued us in on this feisty side of yours.I was on your side in this,but when you disrespect a guy,his human nature will get the best of him usually.I do understand your being supremely insulted though.And Chris,I don't know about Canada,but in America you have the right to legal counsel at ALL times,and you're a fool if you don't take advantage of it.This did take place in the U.S.,didn't it? BYE!

Re: Moped OUI

Yes,Dave,you have some good observations.And like my `ol Grandpa' used to say:"Donny,a good run is better than a bad stand!" He was only about 5'5" and 110 lbs.I always remembered that you can learn from the ones that have `been there,done that!' BYE!

Re: Moped OUI

You're dead on the money,Peggy! A fellow I know went to the hospital after drugs were suspected and had them do a blood test.His insurance even paid the 200+ dollars for it.With this evidence and none of their own,the police are not going to win in court.

Re: what were you innitially charged with?

Wayne Broderick /


I was a smart ass at first-- I didn't become a real jerk until I was already at the station. He was mad that I told him I didn't need a helmet. He wanted me to take the field "monkey tests" and I wouldn't. He wasn't breathalyzer certified, so I was brought to the station.

I didn't really go off until I saw the breathalyzer tests at .02 Then I began to taunt him a first, second and third time.

It just goes to show: "I'm not half as smart as I really am"


Re: what were you innitially charged with?

Well,Wayne,if we can't laugh at ourselves while we're learning I guess the fun's out the door.I'm glad you're remembering the whole thing realistically.There isn't one person around who doesn't have something in the past they wish they'd have done differently.BYE!

Re: what were you innitially charged with?

yeah, i've also learned that it pays to just be polite to police officers. after all, they're just people. no one likes to be made a fool of; when that happens, they usually tend to be like: "oh, yeah, i might be a poorly paid public servant, but i can put you in jail".

but i'm glad you can take it w/ a good sense of humor.

keep in mind that in many parts in michigan (at least) cops have quotas. that means they're supposed to give out x number of tickets per shift. if the cop spends too much time dealing w/ you, they will find a reason to give you a ticket so that they won't fall behind on their shift. and they're always a reason for a ticket if they look hard enough.

usually if you follow dylan's advice and just be totally up front, polite, and compliant, they will think of you as a good guy/gal, and quickly leave to find someone they can give a ticket to and not feel bad about it.

my brother was pulled over once for speeding (30 mph over) on prom night. he was trying to make his date's curfew. he apologized, told the cop it was prom, stated that he'd not been drinking but only trying to get home before his date was in trouble, and even offered to show the cop the car to make sure. the cop was nice and just let him go, as long as he promised to drive slower. the whole event took less than 10 minutes. and that was a township cop in saginaw (they're notorious for ticketing city kids; and my family doesn't know any township cops, only city cops).

Re: Moped OUI

What I neglected to add to my earlier post was that even if you have only one beer, you can blow over the legal limit (.08 in IL)--depending on your weight, your tolerance for alcohol, etc. If I had one beer and then ventured out on my moped 10 minutes later, chances are I would be over the legal limit. It would not mean that I'm drunk by any stretch of the imagination, but legally I would be considered drunk. That's another important reason why you should refuse to submit to the test.

Close Enough

Reeperette /

>>has anyone else been charged with Moped DWI? Or at least a "Driving to Endanger" or "Reckless Driving"?<<

Charged with "Improper Operation" for givin a pair of cops the finger.

Oh it's legal to give a cop the bird, thing not to take one hand off the handlebars while yer 'peds in motion to do it, see...

Flying by at 40 and doing so is not a particularly bright idea.

But then, you'd have to understand just how much I despise to Baltimore City Police Dept in order to figure out why I thought it was worth it to do so.


Re: Moped OUI

Chris Robertson /

If one beer can put you over 0.08%/vol. you must weigh about 50lbs!

Consult <a href-"">this chart</a> for an idea of how many drinks you can have before you should hang up your keys.

Of course, most of us, when looking at the chart will realize the legal limit is <i>surprisingly</i> high! For many of us, we could drink 3.5 drinks in an hour and still not be legally impaired (although I wouldn't recommend driving after that many).


Re: what were you innitially charged with?

mike hartel /

Man cops in charlotte suck.Thay wrote me up for a helmet infraction when i had my visor up.He trid to get me for my hedlite being off ((BUT ITS ALLWAS ON))He tickited me 50 god dam dollers and it was funny becouse you dont requier any eye pertetion if you are going under 35 and if i was it isnot a moped.I foght i won becouse the dick of a cop never showd up but some cops are cool i use to ride my maxi no lisinse no regerstration and a she cop just stoped and said it was cool and not to get cought.scoot-ped DESTROY its not bullshit.

Re: Moped OUI

"Of course, most of us, when looking at the chart will realize the legal limit is surprisingly high! For many of us, we could drink 3.5 drinks in an hour and still not be legally impaired (although I wouldn't recommend driving after that many)."

I have found out in Florida that those charts are very inaccurate. Plus the .08 in Florida is the hook you can blow .01 in Florida and still get convicted. remember don't use mouthwash.



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