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What To Do If You're Pulled Over And Arrested For DUI
DUIanswer.com ^ | Unknown | Unknown

Posted on 06/20/2013 3:18:55 PM PDT by kreitzer

What To Do If You’re Pulled Over And Arrested For DUI

Here’s the straight story on what to do if you’re pulled over and arrested for drunk driving.

1. Find a safe place to pull over.

Remember that, as soon as the police officer decides to pull you over for drunk driving (DUI/DWI), he starts making observations that he will put in the police report. This document can have a significant impact on the outcome of both your criminal trial and your DMV hearing. One of the first things the officer does is make a mental note of how you pull over. If you drive erratically, slow down too abruptly, or pull over in an unsafe location, the officer notes it in the report.

2. Don’t make any sudden movements.

Officers are trained to be cautious, and to protect themselves, first and foremost. They always approach the car from behind so they have a clear view, and so the driver would have to turn completely around in order to shoot or attack them. So, don’t make any sudden movements and keep your hands on the wheel at 10 and 2 o’clock.

3. Be polite.

The obvious reason to treat the officer respectfully is that you are far less likely to be arrested. If you’re rude or hostile, the officer is more likely do everything possible to get you convicted, including writing a very incriminating police report. If the officer asks you to step out of the vehicle, you must comply, otherwise you could be charged with resisting arrest.

4. Don’t answer any potentially incriminating questions, and don’t lie.

The anxiety of getting pulled over is something police officers count on. In this kind of situation, people are far more likely to incriminate themselves. You do have to give your name, license and registration to the police officer. But if the officer asks you if you’ve been drinking, or how much—and you're concerned that you might incriminate yourself—simply say, “I’m sorry, officer, but I’ve been advised not to answer any questions.”

If you have had only one or two drinks, say so. With very few exceptions, one or two drinks will not put you over the legal limit.

Lying, however, is never a good idea. If you answer a question, answer it truthfully. If you lie, and the officer knows it, the fact that you lied can be used against you in court.

5. Refuse a field sobriety test.

You are under no legal obligation to perform a field sobriety test. Field sobriety tests are one of the most effective tools at the officer’s disposal for collective evidence against you. That’s not because they are reliable indicators of intoxication. To the contrary, the value of FSTs is that they are entirely subjective. It’s completely up to the officer whether you “pass.” (For more information on the history and science behind FSTs, read the article “Are Field Sobriety Tests Accurate?”)

6. Refuse a hand-held breathalyzer.

Roadside breathalyzers (otherwise known as Preliminary Alcohol Screening tests or PASs) are notoriously unreliable, and there are countless ways to skew their results. (For more information about hand-held breathalyzers, read the article “How Police Officers Influence Breathalyzer Results”).

7. Take a chemical test at the police station.

You are obligated by law to take a chemical test at the police station. In most states, you can choose between a blood test or breath test. Many DUI lawyers advise people to take the breath tests because they're more unreliable, so their validity can be more effectively attacked in court. (For more information on the myriad problems with the breath tests, read the article “The Unreliability of the Breath Test.”)

8. Once you’ve been released, write down everything that you can remember about the night.

The more notes you take about your arrest, the easier it will be for your attorney to fight the charges against you. Include in your notes things like the following.

—what you were doing and where you were doing before you drove

—how much you had to drink

—how long after you were arrested

—how the officer behaved, any instructions he gave you

—what you said to the officer

—where you were pulled over

—when and if you were read your Miranda rights

—when you took the chemical test and how long it had been since your drank

Write down everything that you can think of, even if it doesn’t strike you as relevant.

9. Contact an attorney.

You both need and deserve an experienced DUI defense attorney who will fight for your rights. The single most important thing you can do for yourself is to find a qualified attorney who knows DUI law. (For more information on how to choose the best lawyer, read the article “How to pick a DUI attorney—know what questions to ask.”)


TOPICS:
KEYWORDS: alcohol; dui; leo
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1 posted on 06/20/2013 3:18:55 PM PDT by kreitzer
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To: kreitzer

Only one step needed contact AA.

I have zero tolerance for alcoholics. Especially ones that get behind a wheel.


2 posted on 06/20/2013 3:21:13 PM PDT by Raycpa
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To: kreitzer

What if you’re detained for being a Tea Partier?

Does Tea on your breath incriminate you?


3 posted on 06/20/2013 3:22:27 PM PDT by Uncle Miltie (If youÂ’re happy and you know it clank your chains!)
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To: kreitzer

0. Don’t drink and drive in the first place.


4 posted on 06/20/2013 3:23:52 PM PDT by Impy (All in favor of Harry Reid meeting Mr. Mayhem?)
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To: Raycpa

Yep. The best thing to do is NOT drink and drive.


5 posted on 06/20/2013 3:24:15 PM PDT by ButThreeLeftsDo (Support Free Republic!)
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To: kreitzer

Where I live the police will arrest you for ‘suspicion’ of DWI if you blow below the legal limit of .08. They will not release you. You have to get bailed out of jail.


6 posted on 06/20/2013 3:24:24 PM PDT by Cold Case Posse Supporter
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To: kreitzer

Don’t admit a damned thing and don’t fight the cops.


7 posted on 06/20/2013 3:24:59 PM PDT by humblegunner
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To: Raycpa
Only one step needed contact AA.

Only if that's what works for you.

I used to go drinking with my AA buddies. What worked was making the decision to quit and sticking with it.
8 posted on 06/20/2013 3:25:08 PM PDT by cripplecreek (REMEMBER THE RIVER RAISIN!)
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To: kreitzer

Check your local laws. In AZ refusing the breathalyzer can be an automatic 12 month license suspension. And they have the tools to do the blood test on site, so there’s no “do it at the station” option, yeah they need a warrant, but they can get that by radio. Refusing the field sobriety test is good, but in some states you don’t have much leeway on that either.


9 posted on 06/20/2013 3:25:26 PM PDT by discostu (Go do the voodoo that you do so well.)
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To: kreitzer

In Missouri, if you refuse to do numbers 5 and 6 you lose your license for one year. A buddy of mine lost his because he refused, but he was over the legal limit when they did one at the police station.


10 posted on 06/20/2013 3:25:43 PM PDT by Cyclone59 (I wish people would get their heads out of their butts and their noses out of everyones business)
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To: kreitzer

In California contacting an attorney is a waste of time and money. You ain’t gonna get off.


11 posted on 06/20/2013 3:26:21 PM PDT by artichokegrower
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To: kreitzer

The one SURE way to avoid a DUI???? Don’t drink and drive ....either take a cab or have some one who has had nothing other than water or coffee or soda to drink do the driving.....why risk it???


12 posted on 06/20/2013 3:27:13 PM PDT by Nifster
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To: Raycpa
I have zero tolerance for alcoholics. Especially ones that get behind a wheel.

I know a person who was prosecuted and convicted of DWI with a .02 BAC.

That's one beer. What do you people want?

We tried prohibition once and it was disastrous. That was with a Constitutional amendment. Now we effectively have it again without having gone through that process.

What do you want?

13 posted on 06/20/2013 3:27:58 PM PDT by elkfersupper ( Member of the Original Defiant Class)
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To: kreitzer

Driving a car is one of, if not the most, dangerous things we can do. Doing it while impaired is really, really, insanely stupid.


14 posted on 06/20/2013 3:29:56 PM PDT by Spruce
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To: Cyclone59
In Missouri, if you refuse to do numbers 5 and 6 you lose your license for one year. A buddy of mine lost his because he refused, but he was over the legal limit when they did one at the police station.

Same way in every State.

Still the prudent thing to do.

15 posted on 06/20/2013 3:30:59 PM PDT by elkfersupper ( Member of the Original Defiant Class)
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To: kreitzer

I can’t help wondering whether some of this advice might be contingent on the laws of the state where you are pulled over (i.e. whether or not you can refuse a field sobriety test or a hand=held breathalyzer).


16 posted on 06/20/2013 3:34:22 PM PDT by Maceman (Just say "NO" to tyranny.)
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To: Spruce

I don’t drink and drive, but I will note there are bunch of studies that show the average driver is not materially imparied at .08


17 posted on 06/20/2013 3:34:25 PM PDT by Jewbacca (The residents of Iroquois territory may not determine whether Jews may live in Jerusalem.)
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To: Raycpa
So apparently your position is that everybody pulled over on suspicion of a DUI is an alcoholic?

This article has some excellent advice. Be polite and respectful to the police officer but stand up for your rights. Even if you are stone-cold sober, you should always refuse a field sobriety test or a Breathalyzer. A nervous person could fail a field sobriety test and a Breathalyzer can easily produce a false positive and this would be very difficult to beat in court, especially with so many knee-jerk people prejudiced like you.

18 posted on 06/20/2013 3:35:08 PM PDT by SamAdams76
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To: Nifster

Ideally I would say yes.

But in some places, if the officers says “I believed that Nifster was driving chemically impaired. Since the tests are not accurate, they can not be used to prove his innocence.”


19 posted on 06/20/2013 3:35:18 PM PDT by redgolum ("God is dead" -- Nietzsche. "Nietzsche is dead" -- God.)
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To: Spruce
Doing it while impaired is really, really, insanely stupid.

I know people who are "impaired" by being too old to pay attention or too fat to work the controls.

Until we start prosecuting those people for DWI, I guess I will continue arguing against all the DWI laws and procedures.

20 posted on 06/20/2013 3:35:35 PM PDT by elkfersupper ( Member of the Original Defiant Class)
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To: kreitzer

I would also add, stay in the car till the officer
tells you to come out. I watched a friend get cited
for public drunk because he got out.

Could be a difference in venue.
I was cited for DUI by the city.
He was cited by the county.
we went to differnt lockups.
I was released that night,
but it was the weekend and he
couldn’t be released till monday.
He was an alcoholic and asked the
trustee there to get him some booze.
The trustee told him he could get him
pot or cocaine but no booze on weekends.

Eventually it was all thrown out at court.
I took the breath test at the station...
and passed it, but they searched the car
and found some pot in the back seat.
Luckily the car wasn’t mine and since I
passed the breath test they had no cause
to search the car.
Oh, and do NOT go to court without an attorney.
The cops started testimony with both sitting
in court. My lawyer made them stop and one leave
the room so as not to hear the others testimony.
A small thing but it might have made a difference.


21 posted on 06/20/2013 3:36:00 PM PDT by tet68 ( " We would not die in that man's company, that fears his fellowship to die with us...." Henry V.)
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To: kreitzer

Hubby hit a cow and wrecked our truck recently, officers on the scene wanted him to take a field sobriety test but he explained to them that he had a stroke a few years ago and his slight impairment would likely cause him to fail the test. He offered to do a breath test and he did, had not been drinking. He said the officers were very professional and did not question his not wanting to do the field sobriety, guess they had common sense.


22 posted on 06/20/2013 3:36:24 PM PDT by Tammy8 (~Secure the border and deport all illegals- do it now! ~ Support our Troops!~)
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To: elkfersupper

Not in CA. Field test (FST) can be refused. If you refuse the blood test, then you lose your license for a year.


23 posted on 06/20/2013 3:37:49 PM PDT by ab01
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To: Raycpa
Only one step needed contact AA.

By all means, if you're an alcoholic.

24 posted on 06/20/2013 3:38:14 PM PDT by Mr Ramsbotham (Laws against sodomy are honored in the breech.)
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To: Cold Case Posse Supporter

That sounds like a money grab, remind me not to drive around in your area. I get pulled over all the time here and I don’t drink and drive, that’s never the problem.


25 posted on 06/20/2013 3:38:31 PM PDT by ForAmerica (Texas Conservative Christian *born again believer in Jesus Christ* Black Man!)
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To: kreitzer

No matter how many times you fall down or urinate on yourself, be adamant in insisting that you only had “two beers”.


26 posted on 06/20/2013 3:40:09 PM PDT by Tijeras_Slim
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To: Maceman
I can’t help wondering whether some of this advice might be contingent on the laws of the state where you are pulled over (i.e. whether or not you can refuse a field sobriety test or a hand=held breathalyzer).

BINGO!

There is virtually no legal advice that is equally valid in all 50 states.

27 posted on 06/20/2013 3:46:09 PM PDT by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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To: kreitzer

I agree with all of this except the part about getting out of the car at the request of the officer. Before doing so, you should ask him if you are under arrest. If he says no, you are not obligated to exit the car. If he says yes, he’d better have a damn good reason for giving that answer.


28 posted on 06/20/2013 3:48:49 PM PDT by KevinB (A country that would elect Barack Obama president twice is no longer worth fighting for.)
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To: Raycpa

What makes you think you had to have had anything to drink in order to make an arrest?

If he asks, you are nuts to say ANYTHING other than “I’ve been advised by counsel not to answer any questions at this time; to refuse a PAS; to refuse a FST.

That means a trip to a police station, where you have to submit to a chemical test, which will show you were stone sober beyond the shadow of a doubt and with witnesses other than the officer that made the stop.

It’s worth it. The don’t need a reason to pull you over. Some cops will try and get you to consent to a search of your car on the spot with the term ‘exigent circumstances’ - “We are going to do it anyway, the question is only a matter of when!!”

To search your car, they still have to have probably cause. If they really want to search it, they HAVE to bring you to the station, and then get a judge to sign a search warrant before they can do it.

All exigent circumstances buys a cop is the means to secure potential evidence before you have the ability to destroy or dispose of it.

It is now ROUTINE for police to set up road blocks to ask for your papers, which is ILLEGAL as hell. They are doing it anyway. It doesn’t meet the ‘reasonable suspicion’ test. Being out after 10PM is not enough justification to stop you for any reason whatsoever.

They are doing it anyway.


29 posted on 06/20/2013 3:49:41 PM PDT by RinaseaofDs
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To: kreitzer

Don’t say, “Here, hold my beer”.


30 posted on 06/20/2013 3:49:43 PM PDT by Veggie Todd (What difference does it make?)
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To: kreitzer

Skip all of this crap and if you’re drinking, stay the hell off of my roads.


31 posted on 06/20/2013 3:52:18 PM PDT by Gator113 ( ~just keep livin~ I drink good wine, listen to good music and dream good dreams.)
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To: ab01
Not in CA. Field test (FST) can be refused. If you refuse the blood test, then you lose your license for a year.

Fine. You don't need a "license" to peaceably travel from place to place using contemporary conveyances.

Wars were fought over this.

32 posted on 06/20/2013 3:52:27 PM PDT by elkfersupper ( Member of the Original Defiant Class)
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To: elkfersupper

I’ll bet you get very tired of people calling you stupid.


33 posted on 06/20/2013 3:53:46 PM PDT by Gator113 ( ~just keep livin~ I drink good wine, listen to good music and dream good dreams.)
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To: Tijeras_Slim

And one joint.


34 posted on 06/20/2013 3:54:02 PM PDT by liberty or death
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To: SamAdams76

You will lose your license if you refuse the breathalyzer at the station but not if you refuse the field sobriety tests. Best advice other than not drinking at all is to follow the speed limit and not to drive with your brights on at night.


35 posted on 06/20/2013 3:54:46 PM PDT by KevinB (A country that would elect Barack Obama president twice is no longer worth fighting for.)
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To: Gator113
Skip all of this crap and if you’re drinking, stay the hell off of my roads.

"Your" roads? Who the hell do you think you are? Did you build and maintain them?

36 posted on 06/20/2013 3:55:56 PM PDT by elkfersupper ( Member of the Original Defiant Class)
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To: SamAdams76

I wouldn’t advise refusing the field sobriety test, unless you knew with certainty what the laws in your state were.

I’ve been pulled over for DUI. I had half a beer at a bar...and the police were staking out the parking lot. I actually saw them, and knew what they were up to...and still proceeded to get in my car and start it - thinking I had nothing to worry about. Their pretense for pulling me over was a license plate light that was burnt out.

The half beer was on my breath, so the officer stated that he suspected I was impaired. So the told me to say (not sing) the alphabet, and stop at ‘P’. I did this, fairly flawlessly in my opinion.

But it apparently wasn’t good enough. So I had to do this thing where I touched my fingers to my thumb, in succession, and counted ‘1-2-3-4-4-3-2-1’. IMHO, I did this task better than the cop who demonstrated it. I should mention that the cop was a ‘trainee’, and another cop was giving him instructions on what to do. He was more nervous than me...amd I really do believe I did this task better than him.

They say I’m good to go, and write me up a warning for the light....but then they do a little conference and ask me to get out of the car. Its breathalyzer time.

The instructor cop helps the trainee load it with a straw like device; and, they have me blow. They didn’t like the result, so they had me blow again. They actually looked quite puzzled....I wish I had asked what I was blowing...they didn’t tell me - but they sent me on my way.

I violated just about all of the instructions on this list...but I think that is how I would handle it, if it ever happened again.


37 posted on 06/20/2013 3:56:24 PM PDT by lacrew (Mr. Soetoro, we regret to inform you that your race card is over the credit limit.)
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To: elkfersupper

You need a license to use the public roads. And you have an immediate problem if they take your license in that you now need to get your vehicle AND you home without you behind the wheel, because there’s cops right there that know you don’t have a license (because they took it). Yeah later you can get around with a suspended license, just don’t get pulled over. I knew a guy who spent 5 or 6 years without a license, because he wasn’t smart enough to not do other illegal things while driving on that lack of license, so he’d get tickets for both his moving violation AND driving on a suspended license, which restarted his suspension clock. Turned into a very expensive hobby for him.


38 posted on 06/20/2013 3:58:20 PM PDT by discostu (Go do the voodoo that you do so well.)
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To: kreitzer

aaaaaaand you’re really going to remember these ten things when you’re pulled over for DWI. “Oh, sh*t...uh...what was the first one?”


39 posted on 06/20/2013 3:59:56 PM PDT by jagusafr (the American Trinity (Liberty, In G0D We Trust, E Pluribus Unum))
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To: CSM

Ping.


40 posted on 06/20/2013 4:00:00 PM PDT by elkfersupper ( Member of the Original Defiant Class)
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To: discostu
You need a license to use the public roads.

You don't need one if you don't ask for one.

41 posted on 06/20/2013 4:01:29 PM PDT by elkfersupper ( Member of the Original Defiant Class)
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To: Raycpa
Problem is, they use the DUI laws to generate revenue, lots and lots of revenue.

You can be a tea-totaller and blow a 0.00 and still get arrested for DUI.

The government is not your friend.

42 posted on 06/20/2013 4:01:48 PM PDT by E. Pluribus Unum (Religious faith in government is far crazier than religious faith in God.)
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To: elkfersupper

Yeah you do.


43 posted on 06/20/2013 4:02:28 PM PDT by discostu (Go do the voodoo that you do so well.)
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To: Cold Case Posse Supporter
Where I live the police will arrest you for ‘suspicion’ of DWI if you blow below the legal limit of .08. They will not release you. You have to get bailed out of jail.

Where do you live? In the USA?

FMCDH(BITS)

44 posted on 06/20/2013 4:04:24 PM PDT by nothingnew (I fear for my Republic due to marxist influence in our government. Open eyes/see)
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To: jagusafr
aaaaaaand you’re really going to remember these ten things when you’re pulled over for DWI. “Oh, sh*t...uh...what was the first one?”

Just don't say "Good morning Occifer" when it's midnight.

FMCDH(BITS)

45 posted on 06/20/2013 4:07:06 PM PDT by nothingnew (I fear for my Republic due to marxist influence in our government. Open eyes/see)
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To: kreitzer

10. Don’t barf on his shoes.


46 posted on 06/20/2013 4:07:28 PM PDT by Doomonyou (Let them eat Lead.)
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To: discostu
Yeah you do.

Nope. Haven't had one since 1968 or so.

47 posted on 06/20/2013 4:08:09 PM PDT by elkfersupper ( Member of the Original Defiant Class)
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To: kreitzer

Also — For diabetics, low blood sugar (hypoglycemia) or high blood sugar (hyperglycemia) can mimic the effects of alcohol.

More info: http://www.dwimistake.com/diabetes-and-dwi


48 posted on 06/20/2013 4:10:12 PM PDT by Jyotishi (Seeking the truth, a fact at a time.)
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To: elkfersupper

LOL @ you.


49 posted on 06/20/2013 4:12:08 PM PDT by Gator113 ( ~just keep livin~ I drink good wine, listen to good music and dream good dreams.)
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To: kreitzer

Chris Rock explains it (language)...

http://www.youtube.com/watch?v=BSSyGic17B0


50 posted on 06/20/2013 4:14:11 PM PDT by meyer (When people fear the government, you have Tyranny)
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