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Re: Need legal advice, possibly. I'm pissed!
[Re: Andalusia]
#4099713
03/11/24 07:27 PM
03/11/24 07:27 PM
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Joined: Dec 2000
Posts: 1,371
Cullman,Al.
fingers
OP
8 point
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OP
8 point
Joined: Dec 2000
Posts: 1,371
Cullman,Al.
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Your son's attorney should be able to answer all your questions/concerns or give you a good reason why he cannot ie: waiting for reports/tests etc.
If he is not adequately informing you then maybe you need a different attorney. Yep. I'm just a little bent out of shape about it right now. His lawyer said it took the officer an unusually long time to turn in his reports on the case and that is the reason it took so long for the lawyer to get his hands on all the information.
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Re: Need legal advice, possibly. I'm pissed!
[Re: fingers]
#4099730
03/11/24 07:50 PM
03/11/24 07:50 PM
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Joined: Nov 2013
Posts: 2,635
Montgomery, AL
Forrestgump1
10 point
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10 point
Joined: Nov 2013
Posts: 2,635
Montgomery, AL
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Well, first off, your son said he had been drinking and blew a 0.0? Unless there’s is an issue with the breathalyzer machine I don’t see how that’s possible. As for the 23 hour thing, you said he got pulled over before midnight. Before midnight to 2 pm the following day is roughly 14 or 15 hours. It’s a minimum 12 hour hold in the drunk tank, which leaves a couple hours for processing and so forth. Pretty standard. Unless I’m reading something wrong. Not saying the officer is justified or not, just trying to better understand. The entirety of the case will fall upon the reason of the stop, what the video of the field sobriety shows, and any other talk your son may have had with the officers. The breathalyzer results will help in your sons case. As for civil recourse, you’ll have to wait and see how the case plays out.
Last edited by Forrestgump1; 03/11/24 08:05 PM.
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Re: Need legal advice, possibly. I'm pissed!
[Re: James]
#4099741
03/11/24 08:04 PM
03/11/24 08:04 PM
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Joined: Nov 2010
Posts: 24,832
Buc-ee’s Beach Express
leroycnbucks
Freak of Nature
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Freak of Nature
Joined: Nov 2010
Posts: 24,832
Buc-ee’s Beach Express
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Was he in his guard uniform ? It’s an Army uniform with an Alabama unit patch. Most non military personnel wouldn’t know the difference. But I was wondering the same thing. Did he and the officer have any back and forth conversations? Just curious as to why that would matter? It doesn’t or at least it shouldn’t. It really depends on the LEO if it does for various reasons.
Proud Army and ALNG veteran
God Bless America!
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Re: Need legal advice, possibly. I'm pissed!
[Re: Forrestgump1]
#4099743
03/11/24 08:04 PM
03/11/24 08:04 PM
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Joined: Dec 2000
Posts: 1,371
Cullman,Al.
fingers
OP
8 point
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OP
8 point
Joined: Dec 2000
Posts: 1,371
Cullman,Al.
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Well, first off, your son said he had been drinking and blew a 0.0? Unless there’s is an issue with the breathalyzer machine I don’t see how that’s possible. As for the 23 hour thing, you said he got pulled over before midnight. Before midnight to 2 pm the following day is roughly 14 or 15 hours. It’s a minimum 12 hour hold in the drunk tank, which leaves a couple hours for processing and so forth. Pretty standard. Unless I’m reading something wrong. Not saying the officer is justified or not, just trying to better understand. Well first off you did read something wrong. He did not get a phone call until 2 p.m. the next day. He was not released from jail until very late Sunday night. Could not tell you exactly the time but it was very very late and the piece of paper said he was detained for 23 hrs. in their facility. He only drank 2 beers in a 4 hr. period. Second I would be the first dad to let his son get exactly what he deserves IF he deserves, but in this case I think he got screwed. So yeah, you read wrong!
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Re: Need legal advice, possibly. I'm pissed!
[Re: fingers]
#4099752
03/11/24 08:20 PM
03/11/24 08:20 PM
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Joined: Nov 2013
Posts: 2,635
Montgomery, AL
Forrestgump1
10 point
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10 point
Joined: Nov 2013
Posts: 2,635
Montgomery, AL
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Well, first off, your son said he had been drinking and blew a 0.0? Unless there’s is an issue with the breathalyzer machine I don’t see how that’s possible. As for the 23 hour thing, you said he got pulled over before midnight. Before midnight to 2 pm the following day is roughly 14 or 15 hours. It’s a minimum 12 hour hold in the drunk tank, which leaves a couple hours for processing and so forth. Pretty standard. Unless I’m reading something wrong. Not saying the officer is justified or not, just trying to better understand. Well first off you did read something wrong. He did not get a phone call until 2 p.m. the next day. He was not released from jail until very late Sunday night. Could not tell you exactly the time but it was very very late and the piece of paper said he was detained for 23 hrs. in their facility. He only drank 2 beers in a 4 hr. period. Second I would be the first dad to let his son get exactly what he deserves IF he deserves, but in this case I think he got screwed. So yeah, you read wrong! I understand your upset, just trying to be helpful.
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Re: Need legal advice, possibly. I'm pissed!
[Re: James]
#4099754
03/11/24 08:21 PM
03/11/24 08:21 PM
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Joined: Mar 2020
Posts: 7,081
Free State of Winston
FreeStateHunter
They Call Me Gator 🐊
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They Call Me Gator 🐊
Joined: Mar 2020
Posts: 7,081
Free State of Winston
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Was he in his guard uniform ? It’s an Army uniform with an Alabama unit patch. Most non military personnel wouldn’t know the difference. But I was wondering the same thing. Did he and the officer have any back and forth conversations? Just curious as to why that would matter? 670-1, can’t drink in fatigues
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Re: Need legal advice, possibly. I'm pissed!
[Re: fingers]
#4099756
03/11/24 08:25 PM
03/11/24 08:25 PM
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Joined: Jan 2001
Posts: 25,774
Fayetteville TN Via Selma
jawbone
Freak of Nature
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Freak of Nature
Joined: Jan 2001
Posts: 25,774
Fayetteville TN Via Selma
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Too much of the story doesn't add up to me to give an opinion you want to hear. One thing though is when you say Breathalyzer, since you say the LEO told him he didn't have to take it, I'm assuming you mean the handheld field device? Once arrested he has to take the Draeger test or his DL is automatically suspended. There should be paperwork on that. I'd have to see the stack of this paperwork to get a better idea of what happened. On his DUI Citation it should indicate by checking a box whether he tested over .08, or it may just say he was under the influence of alcohol, or it may say he was under the influence of another substance. That would indicate a lot.
DUI doesn't necessarily mean alcohol. He was held so long because they had to be certain he was no longer impaired before he could be allowed to make bond.
Forrest Gump is right on what he says also.
He needs a lawyer to get him in a Diversion Program that will get it removed from his record as if it never happened, or he can fight it and run the risk of really getting jacked up and still costing a fortune. How old is he too? That makes a difference on how much alcohol he can have in his system.
Lord, please help us get our nation straightened out.
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Re: Need legal advice, possibly. I'm pissed!
[Re: fingers]
#4099771
03/11/24 08:37 PM
03/11/24 08:37 PM
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Joined: Nov 2013
Posts: 10,344
coffee county
goodman_hunter
Booner
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Booner
Joined: Nov 2013
Posts: 10,344
coffee county
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Another thing I thought was a strange is that they never told my son what he blew. They just stripped him naked sprayed him with anti lice crap and threw him jail. Now I know why! That's messed up. I would of bucked about that. That's pretty extreme. That makes me think it's county and not city.
For without victory, there is no survival
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Re: Need legal advice, possibly. I'm pissed!
[Re: fingers]
#4099776
03/11/24 08:44 PM
03/11/24 08:44 PM
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Joined: Jan 2001
Posts: 25,774
Fayetteville TN Via Selma
jawbone
Freak of Nature
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Freak of Nature
Joined: Jan 2001
Posts: 25,774
Fayetteville TN Via Selma
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Also, let me point out that there is no Right to a phone call. Now I have no idea why they didn't let him make one, especially since he needed to report to the military, but I'll just venture to guess that he wasn't their favorite customer that evening.
Lord, please help us get our nation straightened out.
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Re: Need legal advice, possibly. I'm pissed!
[Re: fingers]
#4099778
03/11/24 08:45 PM
03/11/24 08:45 PM
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Joined: Jul 2012
Posts: 5,013
Marion, Fayette, Lamar, piddli...
Lonster
12 point
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12 point
Joined: Jul 2012
Posts: 5,013
Marion, Fayette, Lamar, piddli...
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Another thing I thought was a strange is that they never told my son what he blew. They just stripped him naked sprayed him with anti lice crap and threw him jail. Now I know why! Really? I saw that scene on Shawshank Redemption. I’ve represented hundreds of folks for DUI’s and I’ve had ZERO “stripped down and sprayed with anti lice crap”. Was he charged with DUI Alcohol DUI Controlled Substance, or DUI Combined Substance?
Last edited by Lonster; 03/11/24 08:47 PM.
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Re: Need legal advice, possibly. I'm pissed!
[Re: jawbone]
#4099780
03/11/24 08:51 PM
03/11/24 08:51 PM
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Joined: Dec 2000
Posts: 1,371
Cullman,Al.
fingers
OP
8 point
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OP
8 point
Joined: Dec 2000
Posts: 1,371
Cullman,Al.
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Too much of the story doesn't add up to me to give an opinion you want to hear. One thing though is when you say Breathalyzer, since you say the LEO told him he didn't have to take it, I'm assuming you mean the handheld field device? Once arrested he has to take the Draeger test or his DL is automatically suspended. There should be paperwork on that. I'd have to see the stack of this paperwork to get a better idea of what happened. On his DUI Citation it should indicate by checking a box whether he tested over .08, or it may just say he was under the influence of alcohol, or it may say he was under the influence of another substance. That would indicate a lot.
DUI doesn't necessarily mean alcohol. He was held so long because they had to be certain he was no longer impaired before he could be allowed to make bond.
Forrest Gump is right on what he says also.
He needs a lawyer to get him in a Diversion Program that will get it removed from his record as if it never happened, or he can fight it and run the risk of really getting jacked up and still costing a fortune. How old is he too? That makes a difference on how much alcohol he can have in his system. He blew zero, twice on the Draeger, he was on no medication or on any drugs. He was at drill all day with the air guard. I just can't understand how anyone can blow a 0 twice on the the Draeger which is much more reliable than the hand held and still be detained for 23 hrs. His lawyer also found it strange that they did not take his license and send them to Montgomery. I hate to see anybody get jerked around like this. I am not anti police either. I retired as a firefighter/ paramedic with almost 30 yrs. of service and have worked along side police officers for many many years but I think they screwed up on this one.
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Re: Need legal advice, possibly. I'm pissed!
[Re: Lonster]
#4099781
03/11/24 08:52 PM
03/11/24 08:52 PM
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Joined: Mar 2013
Posts: 14,621
Clanton
Turkey_neck
Booner
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Booner
Joined: Mar 2013
Posts: 14,621
Clanton
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Another thing I thought was a strange is that they never told my son what he blew. They just stripped him naked sprayed him with anti lice crap and threw him jail. Now I know why! Really? I saw that scene on Shawshank Redemption. I’ve represented hundreds of folks for DUI’s and I’ve had ZERO “stripped down and sprayed with anti lice crap”. Was he charged with DUI Alcohol DUI Controlled Substance, or DUI Combined Substance? I’ve been in a few times in my teens and never even strip searched.
Would walk over a naked woman to get to a gobblin turkey!
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Re: Need legal advice, possibly. I'm pissed!
[Re: Lonster]
#4099789
03/11/24 09:04 PM
03/11/24 09:04 PM
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Joined: Dec 2000
Posts: 1,371
Cullman,Al.
fingers
OP
8 point
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OP
8 point
Joined: Dec 2000
Posts: 1,371
Cullman,Al.
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Another thing I thought was a strange is that they never told my son what he blew. They just stripped him naked sprayed him with anti lice crap and threw him jail. Now I know why! Really? I saw that scene on Shawshank Redemption. I’ve represented hundreds of folks for DUI’s and I’ve had ZERO “stripped down and sprayed with anti lice crap”. Was he charged with DUI Alcohol DUI Controlled Substance, or DUI Combined Substance? Yeah I saw that movie also and it wasn't filmed at this podunk jail. They told him it was lice spray. I can only assume it was some sort of anti lice spray. Yes he was charged with a DUI alcohol after blowing a zero on the Draeger twice and detained for 23 hrs.
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Re: Need legal advice, possibly. I'm pissed!
[Re: Turkey_neck]
#4099790
03/11/24 09:06 PM
03/11/24 09:06 PM
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Joined: Dec 2000
Posts: 1,371
Cullman,Al.
fingers
OP
8 point
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OP
8 point
Joined: Dec 2000
Posts: 1,371
Cullman,Al.
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Another thing I thought was a strange is that they never told my son what he blew. They just stripped him naked sprayed him with anti lice crap and threw him jail. Now I know why! Really? I saw that scene on Shawshank Redemption. I’ve represented hundreds of folks for DUI’s and I’ve had ZERO “stripped down and sprayed with anti lice crap”. Was he charged with DUI Alcohol DUI Controlled Substance, or DUI Combined Substance? I’ve been in a few times in my teens and never even strip searched. First time for everything I guess,
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Re: Need legal advice, possibly. I'm pissed!
[Re: gwstang]
#4099808
03/11/24 09:28 PM
03/11/24 09:28 PM
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Joined: Dec 2000
Posts: 1,371
Cullman,Al.
fingers
OP
8 point
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OP
8 point
Joined: Dec 2000
Posts: 1,371
Cullman,Al.
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What clown town was this anyway? I really don't want to say right now because he still has to go to court in April but after that I will gladly let you know. And I hope everyone will forgive my attitude tonight but we just found out what the results of his two Draeger test were this afternoon and it really took me by surprise so I guess I have been venting and I really appreciate all the input.
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