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Re: Need legal advice, possibly. I'm pissed! [Re: fingers] #4099817
03/11/24 09:45 PM
03/11/24 09:45 PM
Joined: Nov 2013
Posts: 10,376
coffee county
goodman_hunter Offline
Booner
goodman_hunter  Offline
Booner
Joined: Nov 2013
Posts: 10,376
coffee county
Originally Posted by fingers
Originally Posted by gwstang
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.

I'd be pissed too. The bad part is, There's probably gonna be more BS before this is said and done. Try to stay calm and let your attorney do the fighting. Keep us updated, when you can


For without victory, there is no survival
Re: Need legal advice, possibly. I'm pissed! [Re: fingers] #4099818
03/11/24 09:47 PM
03/11/24 09:47 PM
Joined: Jul 2020
Posts: 8,494
Chelsea
L
Lockjaw Offline
14 point
Lockjaw  Offline
14 point
L
Joined: Jul 2020
Posts: 8,494
Chelsea
Good luck in the municipal aka revenue court. Probably have the appeal it to get anywhere.


Never admit anything. Don't answer questions. Have you had anything to drink? Shake head no. Do you have any medical conditions that prevent you from doing field sobriety tests? Shake head yes. Then exercise 5th amendment.

The police are not your friend. Want them to be your friend, hire them to do security or be one. Otherwise they are not your friend.

Re: Need legal advice, possibly. I'm pissed! [Re: fingers] #4099843
03/11/24 11:01 PM
03/11/24 11:01 PM
Joined: Feb 2011
Posts: 1,901
south of hills, north of plain...
R
RareBreed Offline
8 point
RareBreed  Offline
8 point
R
Joined: Feb 2011
Posts: 1,901
south of hills, north of plain...


"I didn’t mean to kill nobody, I just meant to shoot him once in the head and two times in the chest. Him dying was between he and the Lord."
Legendary bluesman R.L. Burnside
Re: Need legal advice, possibly. I'm pissed! [Re: fingers] #4099844
03/11/24 11:06 PM
03/11/24 11:06 PM
Joined: Jan 2001
Posts: 25,808
Fayetteville TN Via Selma
jawbone Offline
Freak of Nature
jawbone  Offline
Freak of Nature
Joined: Jan 2001
Posts: 25,808
Fayetteville TN Via Selma
If you want help decipher the paperwork, let me know and we'll figure it out.


Lord, please help us get our nation straightened out.
Re: Need legal advice, possibly. I'm pissed! [Re: fingers] #4100296
03/12/24 08:44 PM
03/12/24 08:44 PM
Joined: Dec 2005
Posts: 1,984
NW Florida
F
fireman176 Offline
8 point
fireman176  Offline
8 point
F
Joined: Dec 2005
Posts: 1,984
NW Florida
Sounds like they work for DOJ!


Is it Hunting Season Yet?
Re: Need legal advice, possibly. I'm pissed! [Re: fingers] #4100314
03/12/24 09:17 PM
03/12/24 09:17 PM
Joined: Jun 2017
Posts: 671
N Bama
H
HappyHunter Offline
4 point
HappyHunter  Offline
4 point
H
Joined: Jun 2017
Posts: 671
N Bama
I can tell you that if you get arrested for pissing on a house in New Orleans you will get stripped down and lice sprayed.

Re: Need legal advice, possibly. I'm pissed! [Re: fingers] #4100375
03/12/24 10:42 PM
03/12/24 10:42 PM
Joined: Jan 2001
Posts: 25,808
Fayetteville TN Via Selma
jawbone Offline
Freak of Nature
jawbone  Offline
Freak of Nature
Joined: Jan 2001
Posts: 25,808
Fayetteville TN Via Selma
FYI, maybe this will help make a little sense. Once an officer determines Probable Cause (Failed Field Sobriety Test) and arrests for DUI, there is no going back from the arrest. A person can't be unarrested, even with blowing zeros. That should explain some of it, but not all of it.


Lord, please help us get our nation straightened out.
Re: Need legal advice, possibly. I'm pissed! [Re: HappyHunter] #4100402
03/13/24 05:58 AM
03/13/24 05:58 AM
Joined: Jan 2017
Posts: 3,490
Mobile, AL
P
Pwyse Offline
10 point
Pwyse  Offline
10 point
P
Joined: Jan 2017
Posts: 3,490
Mobile, AL
Originally Posted by HappyHunter
I can tell you that if you get arrested for pissing on a house in New Orleans you will get stripped down and lice sprayed.



I guess pissing on the corner of a shed is perfectly legal in Alabama. I do it on mine regularly.

Re: Need legal advice, possibly. I'm pissed! [Re: HappyHunter] #4100415
03/13/24 06:47 AM
03/13/24 06:47 AM
Joined: Jul 2006
Posts: 6,556
Sylacauga
CAL Offline
14 point
CAL  Offline
14 point
Joined: Jul 2006
Posts: 6,556
Sylacauga
Originally Posted by HappyHunter
I can tell you that if you get arrested for pissing on a house in New Orleans you will get stripped down and lice sprayed.



Sounds like an interesting story

Re: Need legal advice, possibly. I'm pissed! [Re: jawbone] #4100424
03/13/24 07:02 AM
03/13/24 07:02 AM
Joined: Nov 2013
Posts: 2,427
Prattville Al.
C
capehorn24 Online content
10 point
capehorn24  Online Content
10 point
C
Joined: Nov 2013
Posts: 2,427
Prattville Al.
Originally Posted by jawbone
FYI, maybe this will help make a little sense. Once an officer determines Probable Cause (Failed Field Sobriety Test) and arrests for DUI, there is no going back from the arrest. A person can't be unarrested, even with blowing zeros. That should explain some of it, but not all of it.


Interesting stuff so, failing a field test or in this case not taking one resulting in a failed test you are automatically arrested for DUI. The purpose of the station test is to confirm earlier suspicions in which case you’re are booked but, but if not over the limit you still have to go through the process of dui arrest, your recourse is to go to court to get everything undone. Doesn’t make any sense to me

Re: Need legal advice, possibly. I'm pissed! [Re: HappyHunter] #4100438
03/13/24 07:40 AM
03/13/24 07:40 AM
Joined: Jan 2013
Posts: 3,165
Alabama
B
buck_buster Offline
10 point
buck_buster  Offline
10 point
B
Joined: Jan 2013
Posts: 3,165
Alabama
Originally Posted by HappyHunter
I can tell you that if you get arrested for pissing on a house in New Orleans you will get stripped down and lice sprayed.




Well that sounds like a eventful trip to NOLA


I love the rut. The woods are like a bunch of roided up meatheads fighting over a girl.
Re: Need legal advice, possibly. I'm pissed! [Re: Pwyse] #4100446
03/13/24 07:49 AM
03/13/24 07:49 AM
Joined: Nov 2013
Posts: 10,376
coffee county
goodman_hunter Offline
Booner
goodman_hunter  Offline
Booner
Joined: Nov 2013
Posts: 10,376
coffee county
Originally Posted by Pwyse
Originally Posted by HappyHunter
I can tell you that if you get arrested for pissing on a house in New Orleans you will get stripped down and lice sprayed.



I guess pissing on the corner of a shed is perfectly legal in Alabama. I do it on mine regularly.

I worked with a guy who's grown son got arrested for pissing off their own front porch. The neighbors complained and the 20 something year old had to register as a sex offender.


For without victory, there is no survival
Re: Need legal advice, possibly. I'm pissed! [Re: jawbone] #4100449
03/13/24 07:51 AM
03/13/24 07:51 AM
Joined: Jul 2011
Posts: 34,536
Boxes Cove
2Dogs Offline
Freak of Nature
2Dogs  Offline
Freak of Nature
Joined: Jul 2011
Posts: 34,536
Boxes Cove
Originally Posted by jawbone
FYI, maybe this will help make a little sense. Once an officer determines Probable Cause (Failed Field Sobriety Test) and arrests for DUI, there is no going back from the arrest. A person can't be unarrested, even with blowing zeros. That should explain some of it, but not all of it.


I guess I was unarrested for DWI once. State trooper cuffed me and "carried me in" to the station . I registered well under the legal limit on the meter at the station . I made him carry me back to my car, which was on private property, keys in my pocket . There's more to the story , but that's the Clift's Notes. This was nearly 40 years ago though, things may have change.



"Why do you ask"?

Always vote the slowest path to socialism.







Re: Need legal advice, possibly. I'm pissed! [Re: fingers] #4100499
03/13/24 09:20 AM
03/13/24 09:20 AM
Joined: Jul 2020
Posts: 8,494
Chelsea
L
Lockjaw Offline
14 point
Lockjaw  Offline
14 point
L
Joined: Jul 2020
Posts: 8,494
Chelsea
Doing away with qualified immunity would solve alot of this. There is really no consequence for the LEO if they make a really bad call, unless you somehow get it filmed and blown up on social media.

Re: Need legal advice, possibly. I'm pissed! [Re: Lockjaw] #4100503
03/13/24 09:30 AM
03/13/24 09:30 AM
Joined: Dec 2009
Posts: 9,062
USA
M
marshmud991 Offline
14 point
marshmud991  Offline
14 point
M
Joined: Dec 2009
Posts: 9,062
USA
Originally Posted by Lockjaw
Doing away with qualified immunity would solve alot of this. There is really no consequence for the LEO if they make a really bad call, unless you somehow get it filmed and blown up on social media.

What does qualified immunity have to do with this. The subject refused the breathalyzer and gave reasons to suspect impairment during the SFSTs. I’m in no way agreeing that what this department did was right but the officer can only go by evidence collected during the investigation. Also the subject told the officer he had consumed alcohol earlier that night. I believe the subject probably only had a couple beers but everyone only has 2 beers when asked. I’m interested also to see how this plays out. I pretty much know how it would here.


It's hard to kiss the lips at night that chews your a$$ all day long.


Re: Need legal advice, possibly. I'm pissed! [Re: marshmud991] #4100506
03/13/24 09:49 AM
03/13/24 09:49 AM
Joined: Nov 2005
Posts: 3,831
Jasper
B
buckhunter2 Offline
10 point
buckhunter2  Offline
10 point
B
Joined: Nov 2005
Posts: 3,831
Jasper
Originally Posted by marshmud991
Originally Posted by Lockjaw
Doing away with qualified immunity would solve alot of this. There is really no consequence for the LEO if they make a really bad call, unless you somehow get it filmed and blown up on social media.

What does qualified immunity have to do with this. The subject refused the breathalyzer and gave reasons to suspect impairment during the SFSTs. I’m in no way agreeing that what this department did was right but the officer can only go by evidence collected during the investigation. Also the subject told the officer he had consumed alcohol earlier that night. I believe the subject probably only had a couple beers but everyone only has 2 beers when asked. I’m interested also to see how this plays out. I pretty much know how it would here.


Out of curiosity….how would it play out down there?


You're only as good as your worst shot-
Re: Need legal advice, possibly. I'm pissed! [Re: buckhunter2] #4100546
03/13/24 11:34 AM
03/13/24 11:34 AM
Joined: Dec 2009
Posts: 9,062
USA
M
marshmud991 Offline
14 point
marshmud991  Offline
14 point
M
Joined: Dec 2009
Posts: 9,062
USA
Originally Posted by buckhunter2
Originally Posted by marshmud991
Originally Posted by Lockjaw
Doing away with qualified immunity would solve alot of this. There is really no consequence for the LEO if they make a really bad call, unless you somehow get it filmed and blown up on social media.

What does qualified immunity have to do with this. The subject refused the breathalyzer and gave reasons to suspect impairment during the SFSTs. I’m in no way agreeing that what this department did was right but the officer can only go by evidence collected during the investigation. Also the subject told the officer he had consumed alcohol earlier that night. I believe the subject probably only had a couple beers but everyone only has 2 beers when asked. I’m interested also to see how this plays out. I pretty much know how it would here.


Out of curiosity….how would it play out down there?

We would have made clear that he understood what would happen if he refused the breathalyzer and would have probably given him the opportunity to call a ride if he didn’t show extreme signs of impairments. Officer discretion would have been used. Probably a few traffic citations as long as department policy is not violated.


It's hard to kiss the lips at night that chews your a$$ all day long.


Re: Need legal advice, possibly. I'm pissed! [Re: goodman_hunter] #4100581
03/13/24 01:06 PM
03/13/24 01:06 PM
Joined: Apr 2000
Posts: 12,003
34°25'49.80"N 86°55'46.99"...
gman Offline
Booner
gman  Offline
Booner
Joined: Apr 2000
Posts: 12,003
34°25'49.80"N 86°55'46.99"...
Originally Posted by goodman_hunter
Originally Posted by Pwyse
Originally Posted by HappyHunter
I can tell you that if you get arrested for pissing on a house in New Orleans you will get stripped down and lice sprayed.



I guess pissing on the corner of a shed is perfectly legal in Alabama. I do it on mine regularly.

I worked with a guy who's grown son got arrested for pissing off their own front porch. The neighbors complained and the 20 something year old had to register as a sex offender.

Guess i need to start being careful living in town...


The harder I practice, the luckier I get.
Re: Need legal advice, possibly. I'm pissed! [Re: fingers] #4100583
03/13/24 01:08 PM
03/13/24 01:08 PM
Joined: Apr 2000
Posts: 12,003
34°25'49.80"N 86°55'46.99"...
gman Offline
Booner
gman  Offline
Booner
Joined: Apr 2000
Posts: 12,003
34°25'49.80"N 86°55'46.99"...
And use my turn signals more!


The harder I practice, the luckier I get.
Re: Need legal advice, possibly. I'm pissed! [Re: jawbone] #4100746
03/13/24 08:02 PM
03/13/24 08:02 PM
Joined: Dec 2000
Posts: 1,371
Cullman,Al.
F
fingers Offline OP
8 point
fingers  Offline OP
8 point
F
Joined: Dec 2000
Posts: 1,371
Cullman,Al.
Originally Posted by jawbone
FYI, maybe this will help make a little sense. Once an officer determines Probable Cause (Failed Field Sobriety Test) and arrests for DUI, there is no going back from the arrest. A person can't be unarrested, even with blowing zeros. That should explain some of it, but not all of it.
Thanks for the info.

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