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Hi.
The other night, my friend got a DUI.
We were all driving back to his house to drop his car off. He was in
front of us and then the rest of us were in two cars directly behind him.
Anyway, we were passing someone getting a ticket and apparently the
passenger in my friend's car, in front of us, yelled out 'you got a
ticket - ha ha' or similar.
The cop then bolted in front of the behind two cars [i was in the one
exactly behind] cutting us off to pull them over, which was dangerous in
itself.
Anyway, they are stopped, no less then 6 police cars show up [they have
nothing better to do except act like they actually do a service to the
community, and the department has gotten in trouble for harassing
teenagers unfairly] and they end up being arrested.
The driver was apparently not told that refusal of a BAC is an automatic
one year suspension of license and he was not offered the Breathalyzer
or sobriety test, the passenger was charged with "public intoxication".
So without a blood test, or anything - for the driver, they were both
hauled off to jail with the driver's bail being set at $26,000 and the
passenger's at $10,000. Neither have any prior records of crime. Both
are 19.
There does not seem to be any probable cause to have pulled them over,
and I do not believe yelling out the window is probable cause but
"freedom of speech."
If it the police officer attempts to lie and say he was swerving or
driving impaired, we have eight people to testify to say that we were
behind him and saw none of it, and the police officer saw him drive all
of <500 feet.
This town is small and wealthy and has a problem with the police, which
is overstaffed and does not do much else except try to find kids with
half a joint, or arrested a 19 year old with a .03 BAC and send him to
jail, I recently witnessed the latter happen. There is also a "drug task
force" which has done nothing else but go to the local schools with drug
-sniffing dogs to find a teenager's pipe. These police would not last in
any city.
Anyway, sorry for going off on a tangent, I am wondering if my friend
would be able to beat the charges coming against him - and maybe the one
with the public intoxication - because there was no reason to pull the over.
Thanks, ZG
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Zeitgeist <zeitgeist@topdrunks.com> wrote in message news:<6dOdnQ86eZ3l8OncRVn-iA@comcast.com>...
Hi.
The other night, my friend got a DUI.
We were all driving back to his house to drop his car off. He was in
front of us and then the rest of us were in two cars directly behind him.
Anyway, we were passing someone getting a ticket and apparently the
passenger in my friend's car, in front of us, yelled out 'you got a
ticket - ha ha' or similar.
Not keeping a civil tongue in his head in front of a cop. There's
reasonable suspicion for you right there.
The cop then bolted in front of the behind two cars [i was in the one
exactly behind] cutting us off to pull them over, which was dangerous in
itself.
Anyway, they are stopped, no less then 6 police cars show up [they have
nothing better to do except act like they actually do a service to the
community, and the department has gotten in trouble for harassing
teenagers unfairly] and they end up being arrested.
The driver was apparently not told that refusal of a BAC is an automatic
one year suspension of license and he was not offered the Breathalyzer
or sobriety test, the passenger was charged with "public intoxication".
Should've known that from driver's education. Should've known that on
the written test for his license. Not knowing it is no kind of excuse.
So without a blood test, or anything - for the driver, they were both
hauled off to jail with the driver's bail being set at $26,000 and the
passenger's at $10,000. Neither have any prior records of crime. Both
are 19.
There does not seem to be any probable cause to have pulled them over,
and I do not believe yelling out the window is probable cause but
"freedom of speech."
Don't need probable cause, just reasonable suspicion. Acting like a
garbage-mouthed punk kid in earshot of a policeman is that right
there.
If it the police officer attempts to lie and say he was swerving or
driving impaired, we have eight people to testify to say that we were
behind him and saw none of it, and the police officer saw him drive all
of <500 feet.
None of whom are disinterested witnesses. Don't be surprised if their
testimony doesn't carry much weight.
This town is small and wealthy and has a problem with the police, which
is overstaffed and does not do much else except try to find kids with
half a joint, or arrested a 19 year old with a .03 BAC and send him to
jail, I recently witnessed the latter happen. There is also a "drug task
force" which has done nothing else but go to the local schools with drug
-sniffing dogs to find a teenager's pipe. These police would not last in
any city.
Sounds like they're doing their job. Just because you don't happen to
like the laws they enforce doesn't make them bad cops for enforcing
those laws.
Anyway, sorry for going off on a tangent, I am wondering if my friend
would be able to beat the charges coming against him - and maybe the one
with the public intoxication - because there was no reason to pull the over.
No, there was plenty good reason. Nothing you relate sounds like even
the makings of a defense. He needs a good lawyer, now.
--
Not a lawyer,
Chris Green
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Christopher Green wrote:
"Zeitgeist" <zeitgeist@topdrunks.com> wrote:
Hi.
The other night, my friend got a DUI.
We were all driving back to his house to drop his car off. He was in
front of us and then the rest of us were in two cars directly behind him.
Anyway, we were passing someone getting a ticket and apparently the
passenger in my friend's car, in front of us, yelled out 'you got a ticket
- ha ha' or similar.
Not keeping a civil tongue in his head in front of a cop. There's
reasonable suspicion for you right there.
Of what? Being a dumb 19-year-old? Moreover, he wasn't the driver.
The cop then bolted in front of the behind two cars [i was in the one
exactly behind] cutting us off to pull them over, which was dangerous in
itself.
Anyway, they are stopped, no less then 6 police cars show up [they have
nothing better to do except act like they actually do a service to the
community, and the department has gotten in trouble for harassing
teenagers unfairly] and they end up being arrested.
LBJ used to say, "Don't get into a p*ssing contest with a skunk". If the
cops are really as bad as you say they are, chalk it up as a valuable lesson
from the School of Hard Knocks.
The driver was apparently not told that refusal of a BAC is an automatic
one year suspension of license and he was not offered the Breathalyzer
or sobriety test, the passenger was charged with "public intoxication".
Should've known that from driver's education. Should've known that on
the written test for his license. Not knowing it is no kind of excuse.
Actually, this generally only applies if the cop has a reasonable suspicion
that the suspect is drunk (such as the smell of alcohol on his breath, or has
failed a field sobriety test). He can probably beat the rap on this one, but
he's going to need the help of a lawyer to do. Kiss at least one large one
($1000) good-bye.
So without a blood test, or anything - for the driver, they were both
hauled off to jail with the driver's bail being set at $26,000 and the
passenger's at $10,000. Neither have any prior records of crime. Both
are 19.
And stupid.
There does not seem to be any probable cause to have pulled them over, and
I do not believe yelling out the window is probable cause but "freedom of
speech."
Don't need probable cause, just reasonable suspicion. Acting like a
garbage-mouthed punk kid in earshot of a policeman is that right there.
Of what, being drunk? Anyway, he WASN'T driving.
If it the police officer attempts to lie and say he was swerving or
driving impaired, we have eight people to testify to say that we were
behind him and saw none of it, and the police officer saw him drive all
of <500 feet.
None of whom are disinterested witnesses. Don't be surprised if their
testimony doesn't carry much weight.
The 500 feet should -- and it should be discoverable, given that police
generally report their location when they make a traffic stop, and such
information is logged.
This town is small and wealthy and has a problem with the police, which
is overstaffed and does not do much else except try to find kids with half
a joint, or arrested a 19 year old with a .03 BAC and send him to jail,
Let's note that it is illegal to have half a joint, or for a 19-year-old to
be drinking. The cops are DOING THEIR JOB when they do such things.
I recently witnessed the latter happen.
In THIS case?
There is also a "drug task force" which has done nothing else but go to
the local schools with drug-sniffing dogs to find a teenager's pipe.
Solution: local teenagers shouldn't bring drug pipes to school.
These police would not last in any city.
Probably not -- but then, they're NOT in the big city, they're in YOUR town.
Sounds like they're doing their job.
Sounds like they're wanking in the incident in question, like cops in a
small, rich town are usually wont to do. It's one of their unstated duties
to keep the town free of riff-raff.
Just because you don't happen to like the laws they enforce doesn't make
them bad cops for enforcing those laws.
They're making things tough for a couple of 19-year-old fools who need to be
slapped up-side the head. In this case, it looks like they're a bit over the
top.
Anyway, sorry for going off on a tangent, I am wondering if my friend
would be able to beat the charges coming against him - and maybe the one
with the public intoxication - because there was no reason to pull the
over.
Most likely, but he's going to need a lawyer to do it.
No, there was plenty good reason. Nothing you relate sounds like even
the makings of a defense.
Sure it does.
He needs a good lawyer, now.
Yes he does.
Not a lawyer,
Me neither.
--
Theodore A. Kaldis
kaldis@worldnet.att.net
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