Club409
The best damn waste of time!
Legal Advice
Steven
Total posts: 751
10/3/2006 5:28 PM
This past weekend I was talking to my cousin's husband who is a criminal defense attorney in Tallahassee. He's had to defend quite a few people on DUI charges and had a few words of wisdom in case anyone is ever in a bad situation:
Tip #1:
If you get stopped and you don't think you can pass a sobriety test refuse it. Refuse to take the breathalyzer and refuse any field sobriety test they try to give you. If you take it and fail you get arrested and are guaranteed a DUI conviction. If you refuse it you get arrested but it's apparently much more difficult for them to secure the DUI conviction if they don't have the evidence from a sobriety test.
Tip #2:
Always keep a bottle of liquor in your trunk. If you're inebriated and you get into an accident step out of your car retrieve said bottle and start drinking. It's extremely difficult for them to prove that you were drunk at the time of the accident if they see you drinking afterwards.
Tip #3:
Don't drive drunk I will kick your ass (unless you were beating the clock to go see Jackass)
Tip #1:
If you get stopped and you don't think you can pass a sobriety test refuse it. Refuse to take the breathalyzer and refuse any field sobriety test they try to give you. If you take it and fail you get arrested and are guaranteed a DUI conviction. If you refuse it you get arrested but it's apparently much more difficult for them to secure the DUI conviction if they don't have the evidence from a sobriety test.
Tip #2:
Always keep a bottle of liquor in your trunk. If you're inebriated and you get into an accident step out of your car retrieve said bottle and start drinking. It's extremely difficult for them to prove that you were drunk at the time of the accident if they see you drinking afterwards.
Tip #3:
Don't drive drunk I will kick your ass (unless you were beating the clock to go see Jackass)
Drew
Total posts: 5115
10/4/2006 8:05 PM
General idea to remember: Unless the police are there to help you they aren't there to help you.
I could actually go on about how policing is going back to a law and order model...
But I'll just say don't waive your rights unless you're 143% sure that's what you want to do. Don't consent to searches. If you get busted for something you're going to jail whether you consented or not. It just might get thrown out in court.
P.S. In beat the clock mode unless a couple of red lights are run Atlantic Station is just slightly out of radius for me. There's your standard for beat the clock.
I could actually go on about how policing is going back to a law and order model...
But I'll just say don't waive your rights unless you're 143% sure that's what you want to do. Don't consent to searches. If you get busted for something you're going to jail whether you consented or not. It just might get thrown out in court.
P.S. In beat the clock mode unless a couple of red lights are run Atlantic Station is just slightly out of radius for me. There's your standard for beat the clock.
acelxix
Total posts: 2398
10/5/2006 7:11 PM
Did you take valet parking into account on that estimate?
acelxix
Total posts: 2398
10/5/2006 7:11 PM
Did you take valet parking into account on that estimate?
Drew
Total posts: 5115
10/5/2006 7:40 PM
Good call. Valet parking adds about a quarter mile to the radius. Everyone update your manuals accordingly.
mike
Total posts: 2298
11/21/2006 11:31 AM
Did some research here at the library. Apparently some federal codes require anyone held in arrest must be seen before a judge or judicial clerk within 6 hours to determine release with a citation or pretrial detention. Also persons under arrest or in pretrial detention must be kept separate and safe from convicted criminals. Furthermore people with close connections to the community (e.g. - enrolled as a full-time student for a number of years a few blocks away) therefore not a flight risk should be issued a citation in leiu of arrest by the on-scene officer; if there's not enough time for that then the officer in charge may and should be consulted on the matter once the arrestees have been brought to the station. The code also recommends that any persons who believe these codes have been violated should feel free to press for class action without fear of retribution.
Anyone want to push their luck?
Anyone want to push their luck?
mike
Total posts: 2298
11/21/2006 12:03 PM
Georgia Code 16-3-5:
A person shall not be found guilty of a crime if the act or omission to act constituting the crime was induced by a misapprehension of fact which if true would have justified the act or omission.
A person shall not be found guilty of a crime if the act or omission to act constituting the crime was induced by a misapprehension of fact which if true would have justified the act or omission.
Drew
Total posts: 5115
11/21/2006 12:04 PM
From my legal issues textbook:
Statutes or court rules in most states require that an arrested person be brought before a magistrate without unnecessary delay. What does this mean? Although there is no fixed meaning the Court [Supreme Court] has stated that the detention of a suspect for forty-eight hours (including weekends holidays and other "nonjudicial" days) is presumed to be reasonable.
What's the federal code are you looking at? It's probably condidtional or relates to a specific crime.
Statutes or court rules in most states require that an arrested person be brought before a magistrate without unnecessary delay. What does this mean? Although there is no fixed meaning the Court [Supreme Court] has stated that the detention of a suspect for forty-eight hours (including weekends holidays and other "nonjudicial" days) is presumed to be reasonable.
What's the federal code are you looking at? It's probably condidtional or relates to a specific crime.
mike
Total posts: 2298
11/21/2006 12:34 PM
no it was general although it was from a committee or something and in the 80's