|
|
Joined: Aug 2004
Posts: 69,665 Likes: 15
Campfire Kahuna
|
Campfire Kahuna
Joined: Aug 2004
Posts: 69,665 Likes: 15 |
Never been a job like that.
Piss and moan and get an new law passed.........and then piss and moan when the law gets enforced.
Someone should pass a law about that.........
Or everyone could just piss and moan here without comprehensive facts. 
Molɔ̀ːn Labé Skýla!
|
|
|
|
|
Joined: May 2016
Posts: 60,527 Likes: 21
Campfire Kahuna
|
|
Campfire Kahuna
Joined: May 2016
Posts: 60,527 Likes: 21 |
Well, the facts is that she got picked up.
Unless the cop screwed up procedurally, I dont see much other option rather than to get a lawyer.
Unless she has a face tat.......
Just the facts ma'am........
I am MAGA.
|
|
|
|
|
Joined: Feb 2012
Posts: 574
Campfire Regular
|
|
Campfire Regular
Joined: Feb 2012
Posts: 574 |
Financial motivations? Was he getting a percentage per arrest?
Fyi you get paid the same, no matter how many or how few arrests you make.
Some departments do indeed have quotas on traffic tickets and/or arrests. More common is a gung ho rookie trying to get noticed, or get in favor with the brass by giving out lots of tickets, and making lots of arrests. So let me get this correct.... you're going off of a third party (maybe 4th party) report of what happened as if it was gospel, taking into account it was a description given by a women (intoxicated at a minimum, trashed at a max) that was inquiring whether she should provide a breath sample that she is civilly required to provide? Niiiice...... Even if it was a gung ho rookie, reasonable suspicion is what it is, along with sfst's.
Last edited by JWP58; 03/07/20.
|
|
|
|
|
Joined: Dec 2011
Posts: 1,041
Campfire Regular
|
|
Campfire Regular
Joined: Dec 2011
Posts: 1,041 |
I am a criminal lawyer and handle my fair share of DUI cases. Most advantages in DUI cases from legal technicalities rather than prosecutors giving a break out of the goodness of their heart. It takes a good lawyer to navigate the facts and the law. Most cases are straight forward enough and are not getting reduced or tossed. The law is very different from state to state.
However, jury's are fairly lenient on DUIs if there is any question mark about the facts of the case and the person has an otherwise clean record.
If a person was caught in their own driveway, and they have a clean record, and they didn't blow very high. That might make a good case to let a jury a hear. Especially if they didn't make any statement to the police about where they were going. Who knows, they may have been moving the car to let somebody out, or to park on the street overnight? Also, what was it out about there driving that gave suspicion of a violation of the law to form the basis of the stop in the first place (Terry stop)?
I just picked up a DUI 2nd case the other day. Carries a mandatory minimum of 10 days jail and license suspension and 3 year OL suspension. However I know I will be able to get it reduced to a 1st with no mandatory minimum jail and 1 year license suspension because the out of state 1st offense is from a state whose DUI statute is dissimilar enough from this state's statute that our supreme court ruled years ago that convictions from that state can't be used to enhance DUI's in this state to a subsequent offense. The average attorney who dabbles in DUIs wouldn't know that, and wouldn't bother to find it out. So getting a good lawyer can make the difference.
|
|
|
|
|
Joined: Mar 2007
Posts: 24,388
Campfire Ranger
|
|
Campfire Ranger
Joined: Mar 2007
Posts: 24,388 |
Couldn't have been that the cop watched her "stumble run" a block down the street then jump into a truck and start backing out on the road could it? Or is that just too obvious? Could have been he watched the whole bunch leave the bar where he was hiding in the shadows just hoping someone would do something he with his 3rd grade hall monitor/bully now with a badge mentality could harass someone for.. Made his day I betcha. Maybe we'll never know, since the op hasn't responded to any questions....like what her BAC was. Would your tone change if it was .20 or higher? .20 or higher probably isn't jogging down the road.
|
|
|
|
|
Joined: Feb 2012
Posts: 574
Campfire Regular
|
|
Campfire Regular
Joined: Feb 2012
Posts: 574 |
I am a criminal lawyer and handle my fair share of DUI cases. Most advantages in DUI cases from legal technicalities rather than prosecutors giving a break out of the goodness of their heart. It takes a good lawyer to navigate the facts and the law. Most cases are straight forward enough and are not getting reduced or tossed. The law is very different from state to state.
However, jury's are fairly lenient on DUIs if there is any question mark about the facts of the case and the person has an otherwise clean record.
If a person was caught in their own driveway, and they have a clean record, and they didn't blow very high. That might make a good case to let a jury a hear. Especially if they didn't make any statement to the police about where they were going. Who knows, they may have been moving the car to let somebody out, or to park on the street overnight? Also, what was it out about there driving that gave suspicion of a violation of the law to form the basis of the stop in the first place (Terry stop)?
I just picked up a DUI 2nd case the other day. Carries a mandatory minimum of 10 days jail and license suspension and 3 year OL suspension. However I know I will be able to get it reduced to a 1st with no mandatory minimum jail and 1 year license suspension because the out of state 1st offense is from a state whose DUI statute is dissimilar enough from this state's statute that our supreme court ruled years ago that convictions from that state can't be used to enhance DUI's in this state to a subsequent offense. The average attorney who dabbles in DUIs wouldn't know that, and wouldn't bother to find it out. So getting a good lawyer can make the difference. Maybe on their 3rd they can kill a family of 4 and you can catch a manslaughter case.....here's hoping!
|
|
|
|
|
Joined: May 2016
Posts: 60,527 Likes: 21
Campfire Kahuna
|
|
Campfire Kahuna
Joined: May 2016
Posts: 60,527 Likes: 21 |
Interesting info, thanks.
I am MAGA.
|
|
|
|
|
Joined: Feb 2012
Posts: 574
Campfire Regular
|
|
Campfire Regular
Joined: Feb 2012
Posts: 574 |
Couldn't have been that the cop watched her "stumble run" a block down the street then jump into a truck and start backing out on the road could it? Or is that just too obvious? Could have been he watched the whole bunch leave the bar where he was hiding in the shadows just hoping someone would do something he with his 3rd grade hall monitor/bully now with a badge mentality could harass someone for.. Made his day I betcha. Maybe we'll never know, since the op hasn't responded to any questions....like what her BAC was. Would your tone change if it was .20 or higher? .20 or higher probably isn't jogging down the road. Wanna bet? I've seen people over .3 that were high functioning. And people at a .15 that aced sfst's.....actually .17 per pbt
Last edited by JWP58; 03/07/20.
|
|
|
|
|
Joined: Dec 2010
Posts: 19,248 Likes: 3
Campfire Ranger
|
Campfire Ranger
Joined: Dec 2010
Posts: 19,248 Likes: 3 |
I remember back before MADD when DWI wasn't such a big deal. Cops pulled me over drunk a couple times back then. Asked me if I'd been drinking and I admitted I had, more than a couple, and was headed for home. Both times they asked me where I lived and then told me to get back in my car, drive slow and they'd follow me home. No tickets involved.
|
|
|
|
|
Joined: Mar 2007
Posts: 24,388
Campfire Ranger
|
|
Campfire Ranger
Joined: Mar 2007
Posts: 24,388 |
Couldn't have been that the cop watched her "stumble run" a block down the street then jump into a truck and start backing out on the road could it? Or is that just too obvious? Could have been he watched the whole bunch leave the bar where he was hiding in the shadows just hoping someone would do something he with his 3rd grade hall monitor/bully now with a badge mentality could harass someone for.. Made his day I betcha. Maybe we'll never know, since the op hasn't responded to any questions....like what her BAC was. Would your tone change if it was .20 or higher? .20 or higher probably isn't jogging down the road. Wanna bet? I've seen people over .3 that were high functioning. And people at a .15 that aced sfst's.....actually .17 per pbt Maybe I should have added the 1st time that "no" it wouldn't change my tone
|
|
|
|
|
Joined: Feb 2012
Posts: 574
Campfire Regular
|
|
Campfire Regular
Joined: Feb 2012
Posts: 574 |
Couldn't have been that the cop watched her "stumble run" a block down the street then jump into a truck and start backing out on the road could it? Or is that just too obvious? Could have been he watched the whole bunch leave the bar where he was hiding in the shadows just hoping someone would do something he with his 3rd grade hall monitor/bully now with a badge mentality could harass someone for.. Made his day I betcha. Maybe we'll never know, since the op hasn't responded to any questions....like what her BAC was. Would your tone change if it was .20 or higher? .20 or higher probably isn't jogging down the road. Wanna bet? I've seen people over .3 that were high functioning. And people at a .15 that aced sfst's.....actually .17 per pbt Maybe I should have added the 1st time that "no" it wouldn't change my tone And that's fine.
|
|
|
|
|
Joined: Dec 2011
Posts: 1,041
Campfire Regular
|
|
Campfire Regular
Joined: Dec 2011
Posts: 1,041 |
Maybe on their 3rd they can kill a family of 4 and you can catch a manslaughter case.....here's hoping!
Don't worry, I've had my fair share of uppity clients that never thought they or their kid would end up on the wrong side of the law (including several cops). But when they did, they sure were glad I was there for them. Hope you never find yourself in that spot.
|
|
|
|
|
Joined: Feb 2012
Posts: 574
Campfire Regular
|
|
Campfire Regular
Joined: Feb 2012
Posts: 574 |
Maybe on their 3rd they can kill a family of 4 and you can catch a manslaughter case.....here's hoping!
Don't worry, I've had my fair share of uppity clients that never thought they or their kid would end up on the wrong side of the law (including several cops). But when they did, they sure were glad I was there for them. Hope you never find yourself in that spot. Oh have no fear, I know attorney's are a necessary evil. Your profession serves an important service, but so does law enforcement.
Last edited by JWP58; 03/07/20.
|
|
|
|
|
Joined: Oct 2009
Posts: 12,574 Likes: 8
Campfire Outfitter
|
|
Campfire Outfitter
Joined: Oct 2009
Posts: 12,574 Likes: 8 |
What causes the disagreements bout DUIs is the hysteria connected to em, just like COVID.
And the fact that .gov has an obvious monetary/political interest in DUI prosecution, and has set ridiculous standards for what is "drunk".
Shouldn't matter if its a first time, or 15th.
The danger to other motorists is the same, which is to say, minimal.
Only important thing is the actual impact on others.
DUI like the one described in the OP, should be little more than a speedin ticket.
DUI that involves a wreck (caused by the DUI'er), first time or not, go to jail.
Wreck with injuries = more jail.
Death = Even more jail.
The penalty should be associated with the damage to others, not the hysteria.
|
|
|
|
|
Joined: Nov 2011
Posts: 2,613 Likes: 1
Campfire Regular
|
|
Campfire Regular
Joined: Nov 2011
Posts: 2,613 Likes: 1 |
The ones saying DUI is no big deal must spend some time behind the wheel drunk.
|
|
|
|
|
Joined: Jul 2003
Posts: 1,166 Likes: 1
Campfire Regular
|
|
Campfire Regular
Joined: Jul 2003
Posts: 1,166 Likes: 1 |
I handled hundreds of DUI cases as a prosecutor and tried a few. Get her case evaluated by a local attorney, sometimes the cops make procedural mistakes and you'll never know if you don't seek professional help. If nothing else, a good lawyer will help her cut a deal with the prosecutor.
|
|
|
|
|
Joined: Dec 2005
Posts: 3,019 Likes: 3
Campfire Tracker
|
|
Campfire Tracker
Joined: Dec 2005
Posts: 3,019 Likes: 3 |
And never experienced the reality of loosing a friend or family member to a drunk driver.
Padded VA Hospital Rooms for $1000 Alex My ignoree,s will never be Rock Stars on 24 hr campfire.....Like me!!!! What are psychotic puppet hunters?
|
|
|
|
|
Joined: Nov 2002
Posts: 18,462 Likes: 2
Campfire Ranger
|
|
Campfire Ranger
Joined: Nov 2002
Posts: 18,462 Likes: 2 |
I remember back before MADD when DWI wasn't such a big deal. Cops pulled me over drunk a couple times back then. Asked me if I'd been drinking and I admitted I had, more than a couple, and was headed for home. Both times they asked me where I lived and then told me to get back in my car, drive slow and they'd follow me home. No tickets involved. Yeah, then some dipshitt the cops let drive off hit and killed a kid whose grieving parents sued and ruined it for everyone. You truly are ratarded.
|
|
|
|
|
Joined: Feb 2020
Posts: 2,798 Likes: 2
Campfire Regular
|
|
Campfire Regular
Joined: Feb 2020
Posts: 2,798 Likes: 2 |
You can sure tell who has had DUI'S from just their post. hehehe
Due to the increased price of ammo, don't expect a warning shot...
|
|
|
|
|
Joined: Dec 2007
Posts: 25,107
Campfire Ranger
|
|
Campfire Ranger
Joined: Dec 2007
Posts: 25,107 |
Damn. That sucks.
I’d pay the sharks and hope I don’t get bit. Good luck to your daughter, cowman. Hope she can get it thrown out.
“Life is life and fun is fun, but it's all so quiet when the goldfish die.”
|
|
|
|
|
175 members (375sunrise, 450yukon, 17CalFan, 2500HD, 10gaugemag, 257_X_50, 21 invisible),
1,962
guests, and
1,067
robots. |
|
Key:
Admin,
Global Mod,
Mod
|
|
|
Forums81
Topics1,192,502
Posts18,490,507
Members73,972
| |
Most Online11,491
Jul 7th, 2023
|
|
|
|
