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Real Lawyers React: Did this driver deserve a DUI?

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In this video, DUI attorney Derek Martin reacts and breaks down @MidwestSafety’s video titled Here’s Why You Don’t Get Legal Advice from TikTok. DUI lawyer Derek Martin tells us the good and the bad of what happened in this DUI arrest.

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23 thoughts on “Real Lawyers React: Did this driver deserve a DUI?”

  1. Derek, after reading some comments, I would like some clarification about the Mimms business. Do the cops really need to feel in actual danger for them to ask people out of their cars? That seems an unreasonable criterion to apply.
    In addition, sooo many people will tell the cops "I know my rights!" What is the most common misconception about people's rights?

  2. Awesome! Win it at trial. So I have to pay you $5k. To prove I was right to begin with. Great system!

  3. "its not what you know , its what you can prove !" Denzel Washingtons' Alonzo in Training Day

  4. All pigs involved should be in jail for multiple violations! Completely unnecessary how far they took this stop

  5. What was the whole bit about the other driver stopping and talking to the cop? Did anyone get an idea of what he said or why he stopped?

  6. Considering what he's eating, he might be suffering from delirium due to high blood sugar levels, which would appear like he was drunk and impair his driving. Additionally, that causes the body to release ketones which would smell like alcohol to the officer.

  7. I feel like the problem is that because officers can lie it’s impossible to know when they request something if it’s lawful or not unless you watch shows like this. If they weren’t allowed to lie then people would feel more comfortable following instructions.

  8. If you do comply and get arrested. It goes to court and you win the DUI. Will all costs be reimbursed? The towing of the car. The lawyer fees. Taking time off work to turn up to a court. Isn't it still gonna end up with you losing out on alot of money? Money that some people just don't have to give out? Isn't this the reason why people try and battle with police officers and stay out of custody?

  9. As a fellow Illinoisan: the drivers license was mostly blurred, but the identifying markers showing it to be an Illinois ID are there! Maybe a future client?

  10. Thank you for the thought-out video! If Im ever in this situation, I'll definitely give you guys a ring (I'm in the NW suburbs near Woodfield Mall).

    Quick request: can you review the full video of the bus driver who got arrested for DUI in Ohio because of… prescription Tylenol?

  11. So throughout the video, the cops keep telling him to step out to have a conversation. At one point the driver says that he doesn't want to talk, he just wants his ticket and to go. Could that be used as his defense in court, that they were unnecessarily prolonging it to force a consensual encounter instead of giving him his ticket? I guess try to argue that step out to have a conversation wouldn't be a lawful order because police can't force a conversation?

  12. In addition to the accent being something that works against people who are from places outside the US, their culture might also work against them. Police around the world are known for being crooked, and there are places traffic cops will pull you over for a shakedown. On top of that, there are quite a few cultures that do not respect women, and being pulled over by a female officer can also play into things. Not saying either of these things came into play with this stop, but they can.

  13. I can see the argument that the swerving was due to him eating a taco and not him being drunk. That said, and I say this knowing full well that I do this, you shouldn't be eating while driving. If you are going to do it, use finger foods that don't require you to bend your head around, like French fries and chicken nuggets.

  14. 4:01 To me it sounds like he’s mumbling to himself saying “I wasn’t all over the road.” I wouldn’t say it’s clear that he is slurring. He says it all 3 times (third being loud enough for her to hear) in the same exact cadence. When she returns to the drivers side, you can hear that she has trouble understanding him due to his accent but not due to slurring. it’s also clear whomever wrote the captions can’t understand him either because he says “I just drive [broken English for drove] here and I stopped to see my friend and Crystal Lake” and they’re staying “I just drank beer…”

  15. A lawyer saying no big deal got getting arrested. Easy for you say say dude. You make 6 figures and rely on these ppl for customers. Meanwhile they have to pay a lot of money out of pocket to cover their ass. What’s your answer to that? No big deal right? Everyone’s got 10k for lawyer and court fees. NOT
    Average American doesn’t even have 1k for emergencies in the bank.

  16. You’re saying basically anything said at all can be used against you but what about this guy not having English be his first language and having proper translation to understand conversation and law/law enforcement

  17. I feel like this was a good video for you, I really like your differentiation on "civil lawsuit" vs "criminal defense"

  18. So they asked nicely
    Which means I can nicely decline.
    So by citing Penn v Mimis
    Can I ask if they feel they are in danger
    If they say no
    Then I should be able to refuse to exit the vehicle

  19. Do you have to cooperate with their investigation? Just because you don't want to have a conversation with them?… Is eating now a crime when your pulled over?.. I hate her tone of voice… She's reaching for sure… The DUI laws have been abused… MADD is responsible for alot of this…

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