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Joined: Apr 2004
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Campfire Kahuna
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Campfire Kahuna
Joined: Apr 2004
Posts: 61,130 |
As to the representation matter; I've paid, and it was MORE than worth it.
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Campfire Kahuna
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Campfire Kahuna
Joined: Jul 2006
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Here is one that will blow your mind. Lots of people end up convicted of DWI for nothing more than being drunk WHEN TESTED. But it is only against the law to be drunk WHILE DRIVING. ============= Even I'm blue in the face from that tired dance!!
The pessimist complains about the wind; the optimist expects it to change; the realist adjusts the sails. William Arthur Ward
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Posts: 5,264
Campfire Tracker
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Campfire Tracker
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Here is one that will blow your mind. Lots of people end up convicted of DWI for nothing more than being drunk WHEN TESTED. But it is only against the law to be drunk WHILE DRIVING. ============= Even I'm blue in the face from that tired dance!! It works sometimes though. And better yet, it actually has some scientific merit.
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Posts: 13,760
Campfire Outfitter
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Campfire Outfitter
Joined: Dec 2005
Posts: 13,760 |
Do you do this with a clear conscience, when you KNOW somebody actually was DUI, and endangering innocent people? ==================
Not only a clear conscience but a extra 3500 beaners in the coffer. Then I sleep like a baby after having beat the bad guy/gal sitting to the right of me at the bad man lawyer table!! Hey, I resemble that remark! But concur.
War Damn Eagle!
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Joined: Jul 2006
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Campfire Kahuna
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Campfire Kahuna
Joined: Jul 2006
Posts: 62,043 |
As to the representation matter; I've paid, and it was MORE than worth it. ============= Aside from the fact you should have never had to, yes...it was worth it!
The pessimist complains about the wind; the optimist expects it to change; the realist adjusts the sails. William Arthur Ward
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Posts: 73,096
Campfire Kahuna
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Campfire Kahuna
Joined: Feb 2001
Posts: 73,096 |
Not me Sir, I would not play that card if it was available. I simply don't drink & drive, never have, never will. As to other criminal behavior: Cop didn't see it, I didn't do it! Actually I put too many people in the slam to ever do anything to join them.
George Orwell was a Prophet, not a novelist. Read 1984 and then look around you!
Old cat turd!
"Some men just need killing." ~ Clay Allison.
I am too old to fight but I can still pull a trigger. ~ Me
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Campfire Kahuna
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Campfire Kahuna
Joined: Jul 2006
Posts: 62,043 |
Have you ever paid a lawyer to represent you in a criminal or traffic matter?? Never needed to. By not drinking and driving, I keep my 3500 beans for myself. ============ That's wasn't the question and you're being non-responsive.
The pessimist complains about the wind; the optimist expects it to change; the realist adjusts the sails. William Arthur Ward
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Joined: Jul 2006
Posts: 62,043
Campfire Kahuna
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Campfire Kahuna
Joined: Jul 2006
Posts: 62,043 |
Do you do this with a clear conscience, when you KNOW somebody actually was DUI, and endangering innocent people? ==================
Not only a clear conscience but a extra 3500 beaners in the coffer. Then I sleep like a baby after having beat the bad guy/gal sitting to the right of me at the bad man lawyer table!! Hey, I resemble that remark! But concur. =============== It would be a hoot defending a tough DWI case against you,Jim. So many times we're stuck with negotiating a plea so, having one to sink our teeth into is always a pleasant surprise. I don't know why but after 24 years of practice, and having tried some horrendous sex crime jury trials, I still get a little giddy after winning a DWI trial....especially if it goes out on motion.
Last edited by isaac; 08/10/10.
The pessimist complains about the wind; the optimist expects it to change; the realist adjusts the sails. William Arthur Ward
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Joined: Dec 2005
Posts: 13,760
Campfire Outfitter
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Campfire Outfitter
Joined: Dec 2005
Posts: 13,760 |
Have you ever paid a lawyer to represent you in a criminal or traffic matter?? Never needed to. By not drinking and driving, I keep my 3500 beans for myself. ============ That's wasn't the question and you're being non-responsive. I have a broader question for ColdBore: "Have you ever been charged with any offense, any at all, traffic included, where you entered a plea of not guilty?
War Damn Eagle!
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Joined: Apr 2004
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Campfire Kahuna
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Campfire Kahuna
Joined: Apr 2004
Posts: 61,130 |
Joe;
Depends upon the jurisdiction.
If you blow .08 or more, you're intoxicated, regardless of whether you're drunk. I know, for a flat fact, that .08 is nowhere near 'drunk' for some folks, but it is over the legal limit of intoxication.
If you were operating a motor vehicle, and blew/tested .08, at the time or reverse calculated to the time of operation, then you are VERY likely to be found guilty.
Pure and simple, and any even half-assed attorney will support that one, because it's simply legal fact.
That you disagree, says much.
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Joined: Dec 2005
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Campfire Outfitter
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Campfire Outfitter
Joined: Dec 2005
Posts: 13,760 |
Do you do this with a clear conscience, when you KNOW somebody actually was DUI, and endangering innocent people? ==================
Not only a clear conscience but a extra 3500 beaners in the coffer. Then I sleep like a baby after having beat the bad guy/gal sitting to the right of me at the bad man lawyer table!! Hey, I resemble that remark! But concur. =============== It would be a hoot defending a tough DWI case with you,Jim. So many times we're stuck with negotiating a plea so, having one to sink our teeth into is always a pleasant surprise. I don't know why but after 24 years of practice, and having tried some horrendous sex crime jury trials, I still get a little giddy after winning a DWI trial....especially if it goes out on motion. DUI is/was my favorite thing to try as a defense attorney. Don't get to try many as a prosecutor. I HATE sex crimes with a passion, and unfortunately I'm swamped with them!
War Damn Eagle!
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Campfire Kahuna
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Campfire Kahuna
Joined: Jul 2006
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Or, going Joe's route, be prepared to fork out some major bank for a expert because it ain't coming in with lay opinion.
The pessimist complains about the wind; the optimist expects it to change; the realist adjusts the sails. William Arthur Ward
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Campfire Tracker
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Campfire Tracker
Joined: Oct 2003
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Joe;
Depends upon the jurisdiction.
If you blow .08 or more, you're intoxicated, regardless of whether you're drunk. I know, for a flat fact, that .08 is nowhere near 'drunk' for some folks, but it is over the legal limit of intoxication.
If you were operating a motor vehicle, and blew/tested .08, at the time or reverse calculated to the time of operation, then you are VERY likely to be found guilty.
Pure and simple, and any even half-assed attorney will support that one, because it's simply legal fact.
That you disagree, says much. Perhaps you should limit yourself to things of which you have a clue. The so-called legal limit of .08 does not, in fact, mean that one is intoxicated in any legal sense of the word. It is merely a limit where one is "presumed" to be intoxicated by the court. One may present evidence to rebut that presumption should one wish. In fact, one may also be convicted of driving while intoxicated for a much lower level of alcohol should evidence be presented that one is, in fact, intoxicated despite the low level of alcohol. And in any case, you completely missed the entire point of the post which was not debate in any manner whatsoever as to what would happen in court. No, on the contrary, it was to state my disagreement with the levels as they are currently promulgated around the country and my displeasure with the fact that they are artificially low so that people who are not actually intoxicated, are often found to be drunk. So, anyone with a half-assed ability to read the English language should have been able to determine that much from my post. That you disagree, says much.
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Campfire Kahuna
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Campfire Kahuna
Joined: Jul 2006
Posts: 62,043 |
If the state's keep enlarging the scope and protections under their "rape shield" laws, defense counsel are simply going to be forced to stipulate the woman is on the sainthood waiting list!!
I do not like those rape shield protections in the he said/she saids!!
The pessimist complains about the wind; the optimist expects it to change; the realist adjusts the sails. William Arthur Ward
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Posts: 5,264
Campfire Tracker
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Campfire Tracker
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If the state's keep enlarging the scope and protections under their "rape shield" laws, defense counsel are simply going to be forced to stipulate the woman is on the sainthood waiting list!!
I do not like those rape shield protections in the he said/she saids!! Have a go at a case where the victim is a child. They might as well make the defendant go into court with a hood and a noose around his neck and the defense attorney with duct tape over his mouth.
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Campfire Kahuna
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Campfire Kahuna
Joined: Jul 2006
Posts: 62,043 |
My first 9 jury trials were,Joe. Several were when many years had passed and another couple of my trials dealt with the child not being qualified to testify.
Two of my clients went to prison for 43 and 67 years,respectively. I still to this day remember those beatings like my first lay,especially when a bit of humble pie is needed.
The pessimist complains about the wind; the optimist expects it to change; the realist adjusts the sails. William Arthur Ward
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Joined: Oct 2003
Posts: 5,264
Campfire Tracker
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Campfire Tracker
Joined: Oct 2003
Posts: 5,264 |
My first 9 jury trials were,Joe. Several were when many years had passed and another couple of my trials dealt with the child not being qualified to testify.
Two of my clients went to prison for 43 and 67 years,respectively. I still to this day remember those beatings like my first lay,especially when a bit of humble pie is needed. I was speaking of the rape shield aspect of it. There basically is no cross examination allowed of a child. Or at least none that would allow one to address some pretty outlandish statements by the child.
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Campfire Kahuna
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Campfire Kahuna
Joined: Jul 2006
Posts: 62,043 |
Got it. I've cross-examined kids. A egg-shell, fleece socked talking to a baby styled cross.
The pessimist complains about the wind; the optimist expects it to change; the realist adjusts the sails. William Arthur Ward
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Joined: Oct 2003
Posts: 5,264
Campfire Tracker
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Campfire Tracker
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Got it. I've cross-examined kids. A egg-shell, fleece socked talking to a baby styled cross. Well, that goes without saying. But I'm talking about an instance where the child had made outlandish statements regarding other sexual incidents not involving my client. The judge ruled that the child could not be asked about those and it was upheld. So, do you think a jury might want to know about those things in a case where there was no physical evidence and merely an outcry? Do you think it might be relevant? Crazy.
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Campfire Ranger
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Campfire Ranger
Joined: Nov 2003
Posts: 28,605 |
Just curious. As for the attorneys who are advocating refusing the tests, saying you can get them off on some small technicality, it can be "beat", etc.
Do you do this with a clear conscience, when you KNOW somebody actually was DUI, and endangering innocent people? hope to [bleep] they do cause they will do their job better.....as i said my wife can fail a field sobriety test stone sober and ive personally seen a breathalyzer malfunction....dont give a rip if they believe me or not so long as they have my best interests in mind, thats what i pay them for.... course than again also ive got 2 different lawyers on retainer, my personal/business one and a Freedom of Information Act specialist.....have a third that i pay sometimes for certain things cause she is a real beotch and damn good but unfortunately doesnt practice in some of the areas that i need a lawyer such as family law..... if you dont like lawyers and what they do fine but some of us do need the arrogant [bleep]
A serious student of the "Armchair Safari" always looking for Africa/Asia hunting books
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