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Re: Need legal advice, possibly. I'm pissed! [Re: fingers] #4100749
03/13/24 08:06 PM
03/13/24 08:06 PM
Joined: Aug 2002
Posts: 22,698
Morgan Co.
Dixiepatriot Offline
Freak of Nature
Dixiepatriot  Offline
Freak of Nature
Joined: Aug 2002
Posts: 22,698
Morgan Co.
I got arrested then unarrested by Cullman Co. deputies years ago.


http://familyfoundationfund.org
Proud descendant of confederate soldiers.
Auburn elitist
Re: Need legal advice, possibly. I'm pissed! [Re: fingers] #4100751
03/13/24 08:07 PM
03/13/24 08:07 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.
Also I double checked with my son on the stripping down and being sprayed with lice spray. He confirmed that they put him in a small shower area. Made him strip butt naked and sprayed him head to toe and butt to goober before he put on their little jump suit. I have calmed down now and just pray that it gets thrown out. Thanks for all the suggestions and input.

Re: Need legal advice, possibly. I'm pissed! [Re: fingers] #4100755
03/13/24 08:20 PM
03/13/24 08:20 PM
Joined: Mar 2015
Posts: 4,417
FL
mw2015 Offline
10 point
mw2015  Offline
10 point
Joined: Mar 2015
Posts: 4,417
FL
Interesting how different states are for dui. We could only use a PBT on minors whose limit was lower to allow for mouthwash or sacramental wine in FL. We weren’t allowed to use them on adults because the law required 2 samples at the designated facility . All testing done at 1 of 3 county sheriff’s offices. I’ve seen folks blow triple zeros and below the limit like a .05 or .06. Driving is a privilege not a right for which you agree to provide samples. However, I always told my friends not to ever blow and not say anything. Take the suspension and let your lawyer handle it. Only time that gets tossed to the wayside is if you seriously injure or kill somebody. Then in FL we can use any means to compel you to provide a sample of blood, urine or breath. Blood is usually taken by a paramedic on scene and taken to the county medical examiner. Then you go to jail. So don’t drink and drive in FL and get involved in an accident that kills or seriously injures folks or you’ll be SOL.

Re: Need legal advice, possibly. I'm pissed! [Re: fingers] #4100791
03/13/24 09:21 PM
03/13/24 09:21 PM
Joined: Jun 2011
Posts: 1,621
Elmore County, Al
G
gwstang Offline
8 point
gwstang  Offline
8 point
G
Joined: Jun 2011
Posts: 1,621
Elmore County, Al
I'm glad I don't drink. My driving is bad enough anyway...lol

Re: Need legal advice, possibly. I'm pissed! [Re: fingers] #4100819
03/13/24 10:47 PM
03/13/24 10:47 PM
Joined: Jan 2001
Posts: 25,775
Fayetteville TN Via Selma
jawbone Offline
Freak of Nature
jawbone  Offline
Freak of Nature
Joined: Jan 2001
Posts: 25,775
Fayetteville TN Via Selma
For the people that don't know, Lockjaw had his girlfriend stolen from him by a police officer. Now to explain qualified immunity, if the officer acted in good faith (meaning he had reason to believe he was in the right), he has immunity, as he should have. Now if he is negligent, malicious, or should have known better, he has no immunity and can be sued as an individual. Good luck hiring any officers if you do away with qualified immunity.


Lord, please help us get our nation straightened out.
Re: Need legal advice, possibly. I'm pissed! [Re: mw2015] #4100822
03/13/24 11:05 PM
03/13/24 11:05 PM
Joined: Jan 2001
Posts: 25,775
Fayetteville TN Via Selma
jawbone Offline
Freak of Nature
jawbone  Offline
Freak of Nature
Joined: Jan 2001
Posts: 25,775
Fayetteville TN Via Selma
Originally Posted by mw2015
Interesting how different states are for dui. We could only use a PBT on minors whose limit was lower to allow for mouthwash or sacramental wine in FL. We weren’t allowed to use them on adults because the law required 2 samples at the designated facility . All testing done at 1 of 3 county sheriff’s offices. I’ve seen folks blow triple zeros and below the limit like a .05 or .06. Driving is a privilege not a right for which you agree to provide samples. However, I always told my friends not to ever blow and not say anything. Take the suspension and let your lawyer handle it. Only time that gets tossed to the wayside is if you seriously injure or kill somebody. Then in FL we can use any means to compel you to provide a sample of blood, urine or breath. Blood is usually taken by a paramedic on scene and taken to the county medical examiner. Then you go to jail. So don’t drink and drive in FL and get involved in an accident that kills or seriously injures folks or you’ll be SOL.


In AL, the PBTs can be used to develop Probable Cause but are not permissible as evidence in court. In other words, you still have to have other evidence, usually the Field Sobriety tests. I realize how dangerous DUI drivers are certainly, but they are a royal PIA for officers unless they are trying to win the award (nothing more than being recognized at Draeger recertification every year) for the most DUI award, usually given to a trooper. Way too much paperwork. Every I has to be dotted and T crossed and much of it is repetitive. This is the paperwork as I recall
Citation
Arrest report
Incident/Offense report
Implied Consent report
Draeger documentation
Probable Cause form
then there is whatever the local jurisdiction requires for locking someone up
I'm sure I'm forgetting something
In figuring out their work production, the State figures a minimum of 2 hours for a DUI on paperwork.

Officers would much rather call someone to come pick up a drunk except for the liability that Lockjaw seems to think doesn't exist.


Lord, please help us get our nation straightened out.
Re: Need legal advice, possibly. I'm pissed! [Re: jawbone] #4100830
03/14/24 12:22 AM
03/14/24 12:22 AM
Joined: Nov 2013
Posts: 2,635
Montgomery, AL
F
Forrestgump1 Offline
10 point
Forrestgump1  Offline
10 point
F
Joined: Nov 2013
Posts: 2,635
Montgomery, AL
Originally Posted by jawbone
Originally Posted by mw2015
Interesting how different states are for dui. We could only use a PBT on minors whose limit was lower to allow for mouthwash or sacramental wine in FL. We weren’t allowed to use them on adults because the law required 2 samples at the designated facility . All testing done at 1 of 3 county sheriff’s offices. I’ve seen folks blow triple zeros and below the limit like a .05 or .06. Driving is a privilege not a right for which you agree to provide samples. However, I always told my friends not to ever blow and not say anything. Take the suspension and let your lawyer handle it. Only time that gets tossed to the wayside is if you seriously injure or kill somebody. Then in FL we can use any means to compel you to provide a sample of blood, urine or breath. Blood is usually taken by a paramedic on scene and taken to the county medical examiner. Then you go to jail. So don’t drink and drive in FL and get involved in an accident that kills or seriously injures folks or you’ll be SOL.


In AL, the PBTs can be used to develop Probable Cause but are not permissible as evidence in court. In other words, you still have to have other evidence, usually the Field Sobriety tests. I realize how dangerous DUI drivers are certainly, but they are a royal PIA for officers unless they are trying to win the award (nothing more than being recognized at Draeger recertification every year) for the most DUI award, usually given to a trooper. Way too much paperwork. Every I has to be dotted and T crossed and much of it is repetitive. This is the paperwork as I recall
Citation
Arrest report
Incident/Offense report
Implied Consent report
Draeger documentation
Probable Cause form
then there is whatever the local jurisdiction requires for locking someone up
I'm sure I'm forgetting something
In figuring out their work production, the State figures a minimum of 2 hours for a DUI on paperwork.

Officers would much rather call someone to come pick up a drunk except for the liability that Lockjaw seems to think doesn't exist.

You forgot a copy of the sobriety booklet if used. And I would absolutely rather someone sober come pick you and your vehicle off the side of the road then deal with it. That’s not always an option, and sometimes you get folks that don’t want to help their cause.

Re: Need legal advice, possibly. I'm pissed! [Re: fingers] #4119644
04/19/24 03:33 PM
04/19/24 03:33 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.
My son finally got his day in court yesterday. He initially was charged with DUI, failure to signal, and improper lane change or usage can't remember how it was worded. Anyhow the DA dropped the DUI charged immediately after looking at the evidence of blowing zeroes and watching the body cam footage (no evidence of slurred speech that the deputy claimed). They also dropped the failure to signal charge because the deputy entered the wrong code violation or something that affect. My son pleaded guilty to the lane change violation and paid that fee. They were going to try and make him pay court cost on all the violations and his lawyer said no way and they caved on that also. Unfortunately my son has to wait ninety days and then fill out documents from ALEA to have this expunged off his record and pay $500 even though they threw out the DUI it will still be on his driving record if he does not follow through with the expungement process. This was in Blount County by the way and the deputy didn't even show up for court. My son has learned an expensive lesson from all this.

Re: Need legal advice, possibly. I'm pissed! [Re: fingers] #4119650
04/19/24 03:48 PM
04/19/24 03:48 PM
Joined: Jan 2005
Posts: 14,279
Hoover
F
Fattyfireplug Offline
Booner
Fattyfireplug  Offline
Booner
F
Joined: Jan 2005
Posts: 14,279
Hoover
Originally Posted by fingers
My son finally got his day in court yesterday. He initially was charged with DUI, failure to signal, and improper lane change or usage can't remember how it was worded. Anyhow the DA dropped the DUI charged immediately after looking at the evidence of blowing zeroes and watching the body cam footage (no evidence of slurred speech that the deputy claimed). They also dropped the failure to signal charge because the deputy entered the wrong code violation or something that affect. My son pleaded guilty to the lane change violation and paid that fee. They were going to try and make him pay court cost on all the violations and his lawyer said no way and they caved on that also. Unfortunately my son has to wait ninety days and then fill out documents from ALEA to have this expunged off his record and pay $500 even though they threw out the DUI it will still be on his driving record if he does not follow through with the expungement process. This was in Blount County by the way and the deputy didn't even show up for court. My son has learned an expensive lesson from all this.



That's as good news as you could hope for. Hopefully he learned not to trust the POPO ever again. Sad reality that so many are douchebags but it is what it is. I'll donate $100 towards the fine/fee if you tell me how to send it.


Character is not developed in moments of temptation and trial. That is when it is intended to be used.
Re: Need legal advice, possibly. I'm pissed! [Re: fingers] #4119656
04/19/24 03:59 PM
04/19/24 03:59 PM
Joined: Sep 2004
Posts: 36,185
alabama
BhamFred Offline
Freak of Nature
BhamFred  Offline
Freak of Nature
Joined: Sep 2004
Posts: 36,185
alabama
if the deputy didn't show then EVERYTHING should of been thrown out. And trying to make him pay court costs on charges that were dismissed by the DA...what a bunch of crooks.


I've spent most of the money I've made in my lifetime on hunting and fishing. The rest I just wasted.....

proud Cracker-Americaan

muslims are like coyotes, only good one is a dead one
Re: Need legal advice, possibly. I'm pissed! [Re: Fattyfireplug] #4119657
04/19/24 03:59 PM
04/19/24 03:59 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 Fattyfireplug
Originally Posted by fingers
My son finally got his day in court yesterday. He initially was charged with DUI, failure to signal, and improper lane change or usage can't remember how it was worded. Anyhow the DA dropped the DUI charged immediately after looking at the evidence of blowing zeroes and watching the body cam footage (no evidence of slurred speech that the deputy claimed). They also dropped the failure to signal charge because the deputy entered the wrong code violation or something that affect. My son pleaded guilty to the lane change violation and paid that fee. They were going to try and make him pay court cost on all the violations and his lawyer said no way and they caved on that also. Unfortunately my son has to wait ninety days and then fill out documents from ALEA to have this expunged off his record and pay $500 even though they threw out the DUI it will still be on his driving record if he does not follow through with the expungement process. This was in Blount County by the way and the deputy didn't even show up for court. My son has learned an expensive lesson from all this.



That's as good news as you could hope for. Hopefully he learned not to trust the POPO ever again. Sad reality that so many are douchebags but it is what it is. I'll donate $100 towards the fine/fee if you tell me how to send it.
Thanks for the offer Ron but I'm going to help the young fellow out. He has has handled the situation better than I have to be honest.

Re: Need legal advice, possibly. I'm pissed! [Re: BhamFred] #4119660
04/19/24 04:02 PM
04/19/24 04:02 PM
Joined: Jul 2020
Posts: 2,002
West Tennessee
Y
YellaLineHunter Offline
8 point
YellaLineHunter  Offline
8 point
Y
Joined: Jul 2020
Posts: 2,002
West Tennessee
Originally Posted by BhamFred
if the deputy didn't show then EVERYTHING should of been thrown out. And trying to make him pay court costs on charges that were dismissed by the DA...what a bunch of crooks.

That was my thought when I read that. You should have to face your accuser.

Re: Need legal advice, possibly. I'm pissed! [Re: YellaLineHunter] #4119666
04/19/24 04:11 PM
04/19/24 04:11 PM
Joined: Dec 2010
Posts: 16,666
lat 34.09 long -86.13
metalmuncher Offline
Old Mossy Horns
metalmuncher  Offline
Old Mossy Horns
Joined: Dec 2010
Posts: 16,666
lat 34.09 long -86.13
Originally Posted by YellaLineHunter
Originally Posted by BhamFred
if the deputy didn't show then EVERYTHING should of been thrown out. And trying to make him pay court costs on charges that were dismissed by the DA...what a bunch of crooks.

That was my thought when I read that. You should have to face your accuser.


Your acuser should have to face you. You should get to face your acuser.

Re: Need legal advice, possibly. I'm pissed! [Re: fingers] #4119695
04/19/24 05:11 PM
04/19/24 05:11 PM
Joined: Jan 2004
Posts: 4,168
Florence, Al
A
AlabamaSwamper Offline
10 point
AlabamaSwamper  Offline
10 point
A
Joined: Jan 2004
Posts: 4,168
Florence, Al
Hell
In Lauderdale County you can be .24 in the field and .14 downtown, flip a car you ran up under doing 100+ and still not get anything.

Just ask me and my wife.


BTR Scorer in NW Alabama

Re: Need legal advice, possibly. I'm pissed! [Re: fingers] #4119711
04/19/24 05:42 PM
04/19/24 05:42 PM
Joined: Oct 2012
Posts: 2,047
etowah co.
shootnmiss Offline
8 point
shootnmiss  Offline
8 point
Joined: Oct 2012
Posts: 2,047
etowah co.
My daughter is in the 117th as well

Re: Need legal advice, possibly. I'm pissed! [Re: BhamFred] #4119721
04/19/24 06:09 PM
04/19/24 06:09 PM
Joined: Jul 2011
Posts: 34,450
Boxes Cove
2Dogs Offline
Freak of Nature
2Dogs  Offline
Freak of Nature
Joined: Jul 2011
Posts: 34,450
Boxes Cove
Originally Posted by BhamFred
if the deputy didn't show then EVERYTHING should of been thrown out. And trying to make him pay court costs on charges that were dismissed by the DA...what a bunch of crooks.

Yes, Sir.



"Why do you ask"?

Always vote the slowest path to socialism.







Re: Need legal advice, possibly. I'm pissed! [Re: fingers] #4119750
04/19/24 07:01 PM
04/19/24 07:01 PM
Joined: Jul 2020
Posts: 8,429
Chelsea
L
Lockjaw Offline
14 point
Lockjaw  Offline
14 point
L
Joined: Jul 2020
Posts: 8,429
Chelsea
Earning the hate. Hope you have a good attorney. I would recommend Greg Varner if around my neck of the woods. I hate to break it to you, it will probably have to be appealed out of municipal court if it's anything like Chelsea's.

Re: Need legal advice, possibly. I'm pissed! [Re: fingers] #4119767
04/19/24 07:19 PM
04/19/24 07:19 PM
Joined: Nov 2011
Posts: 4,525
limestone al
scrape Offline
10 point
scrape  Offline
10 point
Joined: Nov 2011
Posts: 4,525
limestone al
I guess in this case he should've took the initial breathalyzer and saved himself the ongoing process. refusing to talk or blow works better if your guilty.

Re: Need legal advice, possibly. I'm pissed! [Re: Lockjaw] #4119840
04/19/24 09:02 PM
04/19/24 09:02 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 Lockjaw
Earning the hate. Hope you have a good attorney. I would recommend Greg Varner if around my neck of the woods. I hate to break it to you, it will probably have to be appealed out of municipal court if it's anything like Chelsea's.
As far as we are concerned it's over since they dropped the bogus DUI charge. If I was rich I might would hire another attorney and see if we could get some compensation but I'm not rich and I doubt any attorney would want take on a small case like this.

Re: Need legal advice, possibly. I'm pissed! [Re: fingers] #4119849
04/19/24 09:18 PM
04/19/24 09:18 PM
Joined: Nov 2005
Posts: 8,381
Chelsea, AL
lefthorn Offline
14 point
lefthorn  Offline
14 point
Joined: Nov 2005
Posts: 8,381
Chelsea, AL
I’m going after a birthday gobbler tomorrow. First turkey I ever killed was on my birthday

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