Acorns?
by jsubrett6. 11/10/24 12:49 PM
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Re: Need legal advice, possibly. I'm pissed!
[Re: fingers]
#4100819
03/13/24 09:47 PM
03/13/24 09:47 PM
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Joined: Jan 2001
Posts: 26,820 Fayetteville TN Via Selma
jawbone
Freak of Nature
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Freak of Nature
Joined: Jan 2001
Posts: 26,820
Fayetteville TN Via Selma
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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.
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Re: Need legal advice, possibly. I'm pissed!
[Re: mw2015]
#4100822
03/13/24 10:05 PM
03/13/24 10:05 PM
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Joined: Jan 2001
Posts: 26,820 Fayetteville TN Via Selma
jawbone
Freak of Nature
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Freak of Nature
Joined: Jan 2001
Posts: 26,820
Fayetteville TN Via Selma
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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.
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Re: Need legal advice, possibly. I'm pissed!
[Re: jawbone]
#4100830
03/13/24 11:22 PM
03/13/24 11:22 PM
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Joined: Nov 2013
Posts: 2,733 Montgomery, AL
Forrestgump1
10 point
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10 point
Joined: Nov 2013
Posts: 2,733
Montgomery, AL
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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.
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Re: Need legal advice, possibly. I'm pissed!
[Re: fingers]
#4119650
04/19/24 02:48 PM
04/19/24 02:48 PM
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Joined: Jan 2005
Posts: 14,909 Hoover
Fattyfireplug
Booner
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Booner
Joined: Jan 2005
Posts: 14,909
Hoover
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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.
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Re: Need legal advice, possibly. I'm pissed!
[Re: fingers]
#4119656
04/19/24 02:59 PM
04/19/24 02:59 PM
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Joined: Sep 2004
Posts: 36,838 alabama
BhamFred
Freak of Nature
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Freak of Nature
Joined: Sep 2004
Posts: 36,838
alabama
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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
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Re: Need legal advice, possibly. I'm pissed!
[Re: Fattyfireplug]
#4119657
04/19/24 02:59 PM
04/19/24 02:59 PM
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Joined: Dec 2000
Posts: 1,397 Cullman,Al.
fingers
OP
8 point
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OP
8 point
Joined: Dec 2000
Posts: 1,397
Cullman,Al.
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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.
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Re: Need legal advice, possibly. I'm pissed!
[Re: BhamFred]
#4119660
04/19/24 03:02 PM
04/19/24 03:02 PM
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Joined: Jul 2020
Posts: 2,450 West Tennessee
YellaLineHunter
10 point
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10 point
Joined: Jul 2020
Posts: 2,450
West Tennessee
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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.
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Re: Need legal advice, possibly. I'm pissed!
[Re: YellaLineHunter]
#4119666
04/19/24 03:11 PM
04/19/24 03:11 PM
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Joined: Dec 2010
Posts: 17,127 lat 34.09 long -86.13
metalmuncher
Old Mossy Horns
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Old Mossy Horns
Joined: Dec 2010
Posts: 17,127
lat 34.09 long -86.13
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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.
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Re: Need legal advice, possibly. I'm pissed!
[Re: fingers]
#4119695
04/19/24 04:11 PM
04/19/24 04:11 PM
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Joined: Jan 2004
Posts: 4,188 Florence, Al
AlabamaSwamper
10 point
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10 point
Joined: Jan 2004
Posts: 4,188
Florence, Al
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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
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Re: Need legal advice, possibly. I'm pissed!
[Re: BhamFred]
#4119721
04/19/24 05:09 PM
04/19/24 05:09 PM
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Joined: Jul 2011
Posts: 36,468 Boxes Cove
2Dogs
Freak of Nature
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Freak of Nature
Joined: Jul 2011
Posts: 36,468
Boxes Cove
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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.
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Re: Need legal advice, possibly. I'm pissed!
[Re: Lockjaw]
#4119840
04/19/24 08:02 PM
04/19/24 08:02 PM
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Joined: Dec 2000
Posts: 1,397 Cullman,Al.
fingers
OP
8 point
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OP
8 point
Joined: Dec 2000
Posts: 1,397
Cullman,Al.
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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.
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