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Discussion Starter · #1 ·
All. I've posted very infrequently since picking up my new (to me) Beast in July, but I've been fascinated and perused the forums nearly daily. I'm posting now partly out of hope this information can help others stay out of my situation, and part out of pure frustration. Please be aware, I'm not seeking sympathy, while at the same time I'm not seeking any "serve's you right" / holier than thou type soundbytes either, so thank you in advance.

I'm still younger than many on this board (under 30), but like all of us, I have a love of cars. I go through them frequently. I've had 11 cars since I've been old enough to drive. When servicing my previous car at my local dealer, I came across an immaculate, super low mileage beast with the colors and options I've always wanted. Some quick calls to the local BMW dealer to verify service history, and I was out the door at closing time on the last day of the month with an absolute steal on a car I never actually thought I would be able to own! To say I felt like a make a wish kid is an understatement!

Fast forward 3 weeks. It was a gorgeous night out. I live in the "entertainment district" of my town, with lots of activity nightly. I went out with some friends for some drinks, went back home for around an hour (all is within walking distance), and after not eating for nearly 15 hours, was craving some pizza from a local place approximately 2 miles from my home. I jumped in the car, avoided the same potholes I avoid daily....

Unfortunately the police officer hiding did not see my actions as me protecting my new pride and joy, rather he saw it as an exotic car traveling over the center line of a narrow city street around closing time for the bars. I had been drinking and do not deny it. Was it right? Of course not. Was I fully aware of the pothole I was avoiding, yes. However, given the time of night, I knew as soon as I was pulled over, there was no talking my way out of this one. At this time, after I was out of the car, all I could do was to ensure I did everything I could on the video tape to ensure a defense attorney would have the best chance of fighting on my behalf in court. Conveniently, the camera in the patrol car was "malfunctioning", only capturing part of the stop. I even stood on one foot with no issue for more than the alotted time I was asked. However, out of an abundance of caution for my career, I knew I would be close to the legal limit, so I refused the breath test, deciding this would be the best protection for both my career, and my chances to beat this.

I hired a very good lawyer that specializes in long term litigation. Everyone agreed that other than being distraught, I looked very good on the tape, and clearly passed the "stand on one leg for 30 seconds" test. Long story short, with regard to the criminal complaint, all charges other than the DWI were dropped, and I received the minimum penalty for a first time DWI in my state under a plea agreement. Unfortunately, in order to secure federal highway funds, my state is one of few that require mandatory interlock devices for all DWI cases and / or refusals. It is a 6 month statute that must be met in order to get a full license reinstated. The local company that handles these devices is literally a man resembling Larry the Cable Guy working out of a $399 rusted shed similar to the type for sale in many Home Depot parking lots. He was unsure how to install, and could not even locate a wiring diagram for an E60. I had seen enough.....

I solved the problem by purchasing a Grand Cherokee, and parking the Beast in the garage of my second home during this painful time. So that's where I am, not to mention insurance that increased 141%. I went from a super prime customer with every discount imaginable, no accidents, tickets, claims, etc to the bottom of the insurance barrel praying progressive would take me after State Farm dumped me for refusing the breath test. The reason I'm writing now is because yesterday marked three months of essentially being unable to take my E60 out of my driveway. I've managed to get it out and up to operating temperature approximately once a month, and it has remained on a battery tender the rest of the time. It's just been a painful time as I don't consider myself a bad person, and the interlock law is a terribly regressive and somewhat draconian penalty based on the application of the law amongst first offenders in my opinion. Hell, it basically required me to spend $30k on a new car that was still presentable enough to drive to work, or risk ruining the electrical system in my Beast during the install!

I've resisted posting until now, but I'm officially on the downhill slide toward having this horrendous experience put behind me. In the interim I've enjoyed the forum, and it has served as a really great light at the end of the tunnel as I am continuing to look forward to the day I can apply all of the learnings I've picked up from everyone on the forum. Ironically enough...I get to drive my Beast again on my birthday! Sorry for the venting, but I truly hope that my story will help at least one person on the forum stay out of this situation, praticularly with new year's coming up! Thank you for listening!
 

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Very good post. Thanks for being honest...takes a big man to admit fault and learn from it.

I think many of us know our limits, yet are guilty of the "1 or 2 won't hurt" syndrome. The bottom line is that in today's age of lowered DUI limits, you just cannot take a chance anymore. Besides, it's the right thing to do even IF you feel totally fine.

Let's all stay safe this holiday season. Merry Christmas!
 
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Awesome that you took the time to post your story so it can help fellow board members with there actions. That is what makes a person wise, learning from others and using the knowledge to not commit the same mistake/mistakes.

That is life, and if we didn't have these problems it wouldn't be as interesting. I'm sure you appreciate every little detail now. I'm at borderline having my license suspended but have learned tons.

I hate Helicopters, ahahaha
 

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One of the very few mature and responsible responses I've heard from anyone in your situation. You have no reason or need to apologize for having such an attitude and a valuable post.

Congratulations on all of that.

I've had a few close friends in similar situations and they've come out of it as better people. Sounds like you were at that point even before the arrest. Good luck in 2011, and enjoy the M - you sound like someone who can appreciate and deserve it.

Happy Holidays.
 

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sucks about the increased insurance. but you've definitely handled this situation as well as anybody possibly could have. I'm not sure about refusing the breathalizer. I know in MD if you do that, it's automatic arrest + the officer takes you back to the station and breathalize you anyways.

enjoy the car and hopefully you don't get into this kind of crappy situation again.
 

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wow what a story to learn from. The feelings and the guilt... You are a good person and don't let anyone else tell you otherwise. We all make mistakes, as long as we don't repeat them, we're safe... Take care and things are temporarily. You'll be back normal within no time... GL
 

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Thanks for sharing your story. It’s good to be reminded of consequences of our actions every once in a while. Even the most basic obvious matters seem to be disregarded over time. Thanks for the reminder! Good luck!<?xml:namespace prefix = o ns = "urn:schemas-microsoft-com:eek:ffice:eek:ffice" /><o:p></o:p>
 

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Discussion Starter · #8 ·
Thanks for the kind words everyone. I've got a few more months with the M5 hibernating in the garage. It was painful paying the new insurance premium. Over $2200 for the same I used to get for $900. Progressive will almost definitely make a lot of cash on me over the next several years. Just sickening. I guess what's done is done.... And I can only count the days until I'm back behind the wheel of my Beast! Happy holidays to everyone!
 

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Discussion Starter · #9 ·
sucks about the increased insurance. but you've definitely handled this situation as well as anybody possibly could have. I'm not sure about refusing the breathalizer. I know in MD if you do that, it's automatic arrest + the officer takes you back to the station and breathalize you anyways.

enjoy the car and hopefully you don't get into this kind of crappy situation again.
I've done qute a bit of reading on this topic as a result of my incident. The laws around implied consent and violations of this law vary greatly from state to state, as do the options for a member of law enforcement to "force" one to provide a sample. In my state, the only evidentiary breath sample is one taken with equipment at the police station, so they didn't even have a portable unit in their car to offer a test (which I would have refused). I believe in my state an officer would only have grounds to force one to give a sample in the event there was a serious or fatal injury, or significant property damage (I think). In my case I was stopped driving 25mph in a 25mph zone with nobody else in the car and no other traffic around me.
 

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I think we're all guilty of driving after a drink or two at some point in our lives.

Living in Florida, I sometimes think it's rediculous for people to get arrested when they can drive perfectly fine after a glass of wine or two, when some 90 year old geezer is mowing down signs and parking meters because they can't drive ANYTIME due to thier failing eyesight, coordination, and reasoning skills, and yet all they get is a careless driving ticket. I don't condone drunk driving, but I don't think that 0.08% automatically means your drunk. Depends on the person and circumstances. But whatever....

Just remember when it's over you can sell the Jeep and get some of your money back. If you would have let the bone-head try to install the interlock, it would have probably cost you more to repair your M5 than the buy/sell difference of the Jeep.
 

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Discussion Starter · #11 ·
Just remember when it's over you can sell the Jeep and get some of your money back. If you would have let the bone-head try to install the interlock, it would have probably cost you more to repair your M5 than the buy/sell difference of the Jeep.
That was my rationale exactly. I felt the cost to undo the almost inevitable damage far outweighed 6 months of depreciation on a lightly used jeep....
 

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Great post!! Thanks for sharing. Keep your head up. You live and you learn that no one is perfect.
 

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I've done qute a bit of reading on this topic as a result of my incident. The laws around implied consent and violations of this law vary greatly from state to state, as do the options for a member of law enforcement to "force" one to provide a sample. In my state, the only evidentiary breath sample is one taken with equipment at the police station, so they didn't even have a portable unit in their car to offer a test (which I would have refused). I believe in my state an officer would only have grounds to force one to give a sample in the event there was a serious or fatal injury, or significant property damage (I think). In my case I was stopped driving 25mph in a 25mph zone with nobody else in the car and no other traffic around me.
you are right about the laws being different state to state. DC/MD/VA is pretty anal about vehicular violations. Since drunk driving is such a problem here, all the cops carry portable units. A buddy of mind got hit with a DUI 2 years ago and he's still suffering the consequences today. license suspension, ridiculous insurance costs, lost job ...etc

looks like you are handling yourself very well. Lesson learned. hopefully your insurance will go down eventually, that seems to be the biggest headache.
 

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Discussion Starter · #15 · (Edited)
Hey Guys:

Quick update. I get this god awful thing out of my Jeep, and I'm back in the Beast (and on my Vespa.... don't judge :) ) in 7 days. (thank god.. )

At this time, my beast has 26k miles, and has been babied since it was new, but I feel that given the lengh of time sitting....and not reaching speeds of more than 40mph in my subdivision approximately once a month, some maintenance may be beneficial. Please give me your thoughts:

'06 with 26k miles

-Last oil change. Aug '10 with 23k miles
-Brake fluid flushed in Sept '10 with 25k miles

-New tires (most likely the new Contis that people have been giving positive reviews)
-alignment
-oil change
-power steering fluid changed
-coolant changed
-SMG fluid changed
-rear diff fluid changed
-tire sealant in mobility kit expired in 2009. Should I replace or is the expire date on that stufff misleading?
-Sould I sign up for the SOS safety package? I have a cell phone and roadside assistance through several credit cards already. Is it necessary / worth it?

-Already ordered 2011 Nav DVD
-brakes are in goood shape
-air and particle filters are in good shape


Again, to all that posted a while back, thanks so much for the kind words and words of encouragement. For career purposes, the few around me that know of this are astounded it's stayed so quiet for so long, so I really didn't have much of an outlet to discuss. Given that, the encouragement was much needed, so thank you again. It's been a long road to get to even thinking it was time to type this message, so any feedback is appreciated. Thanks again!
 

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Hey Guys:

Quick update. I get this god awful thing out of my Jeep, and I'm back in the Beast (and on my Vespa.... don't judge :) ) in 7 days. (thank god.. )

I've been able to get it out move around my subdivision to keep fluids and everything fresh while I wait this out.

At this time, it has 26k miles, and has been babied since it was new, but I feel that given the lengh of time sitting....and not reaching speeds of more than 40mph in my subdivision, some maintenance may be beneficial. Please give me your thoughts:

'06 with 26k miles

-Last oil change. Aug '10 with 23k miles
-Brake fluid flushed in Sept '10 with 25k miles

-New tires (most likely the new Contis that people have been giving positive reviews)
-alignment
-oil change
-power steering fluid changed
-coolant changed
-SMG fluid changed
-rear diff fluid changed
-tire sealant in mobility kit expired in 2009. Should I replace or is the expire date on that stufff misleading?
-Sould I sign up for the SOS safety package? I have a cell phone and roadside assistance through several credit cards already. Is it necessary / worth it?

-Already ordered 2011 Nav DVD
-brakes are in goood shape
-air and particle filters are in good shape


Again, to all that posted a while back, thanks so much for the kind words and words of encouragement. For career purposes, the few around me that know of this are astounded it's stayed so quiet for so long, so I really didn't have much of an outlet to discuss. Given that, the encouragement was much needed, so thank you again. It's been a long road to get to even thinking it was time to type this message, so any feedback is appreciated. Thanks again!
Honestly I don't think you need to change all those fluids in the car. That's a bit excessive. But, if it makes you feel better, it definitely can't hurt. (Check if your car had the diff fluid changed at the 1200 mile service - if it didn't then I'd definitely have it changed now.)

An alignment is always a good idea if one hasn't been done recently. It pales in comparison to the cost of new tires. And since your roads seem to be unfriendly to your car in this regard, probably not a good idea.

Which new tires are you talking about? I have a feeling it's the new ExtremeContact DW. I just got a set installed in my daily driver (2004 G35 Coupe) and they are absolutely fantastic tires from what I can tell so far.

I can't tell you much about the mobility kit but it's basically your spare, so make sure it's good or get a new bottle.

This is the first time I saw your thread and I just have to say thank you for stepping up and sharing.
 

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One question - why didn't you have a friend or family member of yours drive your car for a little while you sit in the passenger seat? Would have kept everything in your car "flowing" so to say with a lot less worry about it sitting there.
 

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One question - why didn't you have a friend or family member of yours drive your car for a little while you sit in the passenger seat? Would have kept everything in your car "flowing" so to say with a lot less worry about it sitting there.
Until I got married, I had no one in entire country that I could trust. It depends on people's personal circumstances really, let's not pry.
 

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Thanks for sharing your experience with us, as for the question if you should do any maintenance check on your M5 after this long period ..... I would say no and let me explain why.

The computer (CBS Condition Based Service) in your car will figure it out if your car needs a maintenance or not .. . you will see "the figure numbers" in the maintenance menu on iDrive "adapting" by itself.

I've putted away my car 4 months to avoid bad weather conditions here during the winter time and I'll do not do any service at all, the only thing that I'll do (besides checking the tyre pressure and fluid levels) is to run the car gently the first days ....... It's like a living thing after a long period of "hibernation" it needs a certain re-adaptation time to be fully functional :grinyes:

Take care

BTW - What's the problem with the "Vespa" thing? It's a great bike :thumbsup:
 

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Until I got married, I had no one in entire country that I could trust.
:eek:oohhh: I am very, very sorry to hear that. I'll admit, in any normal circumstance I'd never let any of my friends drive my car (and when I say mine I mean my G35, not the M5, which is not actually mine as stated in my signature), but in a bind I would at least trust him to drive it with me inside it.
 
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