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Re: Need legal advice, possibly. I'm pissed! [Re: fingers] #4119892
04/19/24 10:29 PM
04/19/24 10:29 PM
Joined: Oct 2019
Posts: 1,497
North al
M
Mjh97 Offline
8 point
Mjh97  Offline
8 point
M
Joined: Oct 2019
Posts: 1,497
North al
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.



Blount is all you have to say, they run a rigged system for sure. Been there done that, mine was a speeding ticket and I had GPS evidence that showed it wasn't true but got railroaded into driving school and court costs.

Re: Need legal advice, possibly. I'm pissed! [Re: jawbone] #4120087
04/20/24 11:43 AM
04/20/24 11:43 AM
Joined: Jul 2020
Posts: 8,501
Chelsea
L
Lockjaw Offline
14 point
Lockjaw  Offline
14 point
L
Joined: Jul 2020
Posts: 8,501
Chelsea
Originally Posted by jawbone
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.


Never had a girl stolen by a police officer. And they can't hire good ones now with qualified immunity, or rather they can't properly train the ones they hire.

Even so, as a member of law enforcement you should be well aware that your average run of the mill municipal court in a town is heavily biased towards the police, because they want the $. It is not the place for justice. Get in front of a judge who is elected, and your odds improve dramatically.

Re: Need legal advice, possibly. I'm pissed! [Re: Turkey_neck] #4120545
04/21/24 12:29 PM
04/21/24 12:29 PM
Joined: Jun 2017
Posts: 6,366
Alabama
Jakethesnake Offline
The Flippin’ Idiot That Could Care Less
Jakethesnake  Offline
The Flippin’ Idiot That Could Care Less
Joined: Jun 2017
Posts: 6,366
Alabama
Originally Posted by Turkey_neck
Originally Posted by Lonster
Originally Posted by fingers
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.



Same here. My friends and I got put in jail pretty often in our wild days of partying and none of us ever got sprayed. That's prison only I believe.

Re: Need legal advice, possibly. I'm pissed! [Re: fingers] #4120557
04/21/24 01:00 PM
04/21/24 01:00 PM
Joined: Jun 2017
Posts: 6,366
Alabama
Jakethesnake Offline
The Flippin’ Idiot That Could Care Less
Jakethesnake  Offline
The Flippin’ Idiot That Could Care Less
Joined: Jun 2017
Posts: 6,366
Alabama
Unfortunately it seems as if all our courts are after money. Huntsville is the same way. Charge you with everything they can, getting everything dropped if you pay the court costs. They make big money to the point the have to run the courts 5 days a week until 9pm. Go sit in any decent sized city court room and listen to the conversation. It's a money grab for the most part.

Re: Need legal advice, possibly. I'm pissed! [Re: fingers] #4120957
04/22/24 02:26 PM
04/22/24 02:26 PM
Joined: Jan 2014
Posts: 1,713
CENTRAL ALABAMA
K
KHOOKS Offline
8 point
KHOOKS  Offline
8 point
K
Joined: Jan 2014
Posts: 1,713
CENTRAL ALABAMA
IF THEY did not give him 40 minutes of field test to find out if he was drunk or not the case should be dismissed. By law they have to give a person 40 minutes of fiels sobrity (bad sp) test. I had a dui throwed out cause by speeding ticket and the dui ticket times did not show a 40min gap. The cop wrote both tickets up after they asserested me. Speeding showed 12:10 and DUI ticket showed 12:20. The cop could not prove in court he gave me my field test witch was manodory. This may not be the case now but in 93 it was.

Re: Need legal advice, possibly. I'm pissed! [Re: KHOOKS] #4121007
04/22/24 04:46 PM
04/22/24 04:46 PM
Joined: Jan 2001
Posts: 25,814
Fayetteville TN Via Selma
jawbone Offline
Freak of Nature
jawbone  Offline
Freak of Nature
Joined: Jan 2001
Posts: 25,814
Fayetteville TN Via Selma
Originally Posted by KHOOKS
IF THEY did not give him 40 minutes of field test to find out if he was drunk or not the case should be dismissed. By law they have to give a person 40 minutes of fiels sobrity (bad sp) test. I had a dui throwed out cause by speeding ticket and the dui ticket times did not show a 40min gap. The cop wrote both tickets up after they asserested me. Speeding showed 12:10 and DUI ticket showed 12:20. The cop could not prove in court he gave me my field test witch was manodory. This may not be the case now but in 93 it was.

Unless it has changed, it is 20 minutes under observation for the Draeger, not for Field Sobriety tests. The reason for that is to insure that mouth alcohol isn't present, only deep lung alcohol which would be in the bloodstream, shows up.


Lord, please help us get our nation straightened out.
Re: Need legal advice, possibly. I'm pissed! [Re: James] #4121037
04/22/24 06:40 PM
04/22/24 06:40 PM
Joined: May 2018
Posts: 2,885
Banks of Little River
JohnnyLoco Offline
10 point
JohnnyLoco  Offline
10 point
Joined: May 2018
Posts: 2,885
Banks of Little River
Originally Posted by James
Originally Posted by leroycnbucks
Originally Posted by 2Dogs
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 would absolutely not matter to an azzhole !

All cops suck !

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