had a trial scheduled today...

[heatherrae]

I had a trial scheduled today. I usually just do real estate now. When I had my own law office I did criminal defense, bankruptcy, and family law. Anyway, this was a DUI I agreed to defend for my sister's boss. I go to the prosecutor's office on Friday because they refused to mail me the discovery. This is in a county 40 minutes away. They told me that I would have to come get it. I get there and they said that the only things they have are filed of record in the court file. So, I get to court today and the prosecutor has all these documents that he did not hand over in discovery. I should file a bar complaint against him.

Then, the officer is shady as f*#k too. He had the tow truck pull over the same time as he pulled this guy over and it was right outside a bar. The results from the intoxilyzer were "missing" all this time, and then he finds them on his person this morning and said he had forgotten to log a bunch of the results cards.

Even though the prosecutor and I got into a heated exchange in the conference room and agreed to continue the trial 6 weeks, I still had to wait a few hours through the docket to get the trial continued. Even though the officer was free to go, he stayed in court all that time and then followed me to my car to talk about the case. WTF! I was literally afraid to go to my car, so I started walking the other way. He roughed my client up a little, started driving all crazy with him in the car, and playing megadeath at the time of the arrest.

That officer, I think, is NUTS

 

[BIGBUCK$]

jeeez
hope u arent doing this for free

 

[AAP]

There was a scandal down here a few years ago of officers getting kickbacks from tow companies. They would tow cars for the slightest infractions once they arrested drivers. They figure that getting the car back was the least of the worries from the people they stopped and charged.
It was something like $45 for every vehicle they had towed and it was pretty much a set up just like you described. Tow truck followed behind them after they selected their victim by staking out a bar or sitting on the road watching for other infractions.

Had about 8-9 cops in on it too.

 

[bw1]

There was a scandal down here a few years ago of officers getting kickbacks from tow companies. They would tow cars for the slightest infractions once they arrested drivers. They figure that getting the car back was the least of the worries from the people they stopped and charged.
It was something like $45 for every vehicle they had towed and it was pretty much a set up just like you described. Tow truck followed behind them after they selected their victim by staking out a bar or sitting on the road watching for other infractions.

Had about 8-9 cops in on it too.

Wow! That's fucked up

 

[heatherrae]

There was a scandal down here a few years ago of officers getting kickbacks from tow companies. They would tow cars for the slightest infractions once they arrested drivers. They figure that getting the car back was the least of the worries from the people they stopped and charged.
It was something like $45 for every vehicle they had towed and it was pretty much a set up just like you described. Tow truck followed behind them after they selected their victim by staking out a bar or sitting on the road watching for other infractions.

Had about 8-9 cops in on it too.

That is exactly what I suspected the moment my client told me about this thing.

Also a little known fact. -- did you know that officers can pretty much forge the results on the breathe results card?

 

[puddlemonkey]

I had a trial scheduled today. I usually just do real estate now. When I had my own law office I did criminal defense, bankruptcy, and family law. Anyway, this was a DUI I agreed to defend for my sister's boss. I go to the prosecutor's office on Friday because they refused to mail me the discovery. This is in a county 40 minutes away. They told me that I would have to come get it. I get there and they said that the only things they have are filed of record in the court file. So, I get to court today and the prosecutor has all these documents that he did not hand over in discovery. I should file a bar complaint against him.

Then, the officer is shady as f*#k too. He had the tow truck pull over the same time as he pulled this guy over and it was right outside a bar. The results from the intoxilyzer were "missing" all this time, and then he finds them on his person this morning and said he had forgotten to log a bunch of the results cards.

Even though the prosecutor and I got into a heated exchange in the conference room and agreed to continue the trial 6 weeks, I still had to wait a few hours through the docket to get the trial continued. Even though the officer was free to go, he stayed in court all that time and then followed me to my car to talk about the case. WTF! I was literally afraid to go to my car, so I started walking the other way. He roughed my client up a little, started driving all crazy with him in the car, and playing megadeath at the time of the arrest.

That officer, I think, is NUTS

-2 for the misspelling of Megadeth.

 

[heatherrae]

-2 for the misspelling of Megadeth.

lol...they never were my fave

 

[AAP]

That is exactly what I suspected the moment my client told me about this thing.

Also a little known fact. -- did you know that officers can pretty much forge the results on the breathe results card?

I wouldn't doubt it at all. Some people just are not made to be cops and do the very shit they are suppose to enforce.

 

[heatherrae]

this cop was following me to my car and KISSING MY ASS. I think he is afraid of how much I will dig. He better be. I smell a RAT. He waited 3 hours to talk to me. Even the judge asked why he stayed when he was free to go. He kept smoling and waving at me in court like he wants us to be best buddies. I get the vibe he is like sun tzu -- keeping his enemies closer.

 

[jack sparrow]

this cop was following me to my car and KISSING MY ASS. I think he is afraid of how much I will dig. He better be. I smell a RAT. He waited 3 hours to talk to me. Even the judge asked why he stayed when he was free to go. He kept smoling and waving at me in court like he wants us to be best buddies. I get the vibe he is like sun tzu -- keeping his enemies closer.

Maybe he was just smoling because he thought you were pretty.

 

[SpyWizard]

well, seems to me the judge should have already dismissed the case for improper with holding of the information, and as for the chain of custody of the test results seems the charges should just be dropped..

as for the complaint.. you should do that just as a course of action to show the historical inappropriate actions, if you wait to do it, it would be defend able as you just being vindictive.

but i'm not an attorney, and the filing of a civil suit against the officer now might be appropriate, as well as a formal complaint to the internal affairs dept..

just thinking out loud..

by the way.. I never answer the questions by the police, nor blow in a tester (yes i will lose my license, but they will not have the evidence to convict me of DUI..

but that's here in Minnesota..

 

[heatherrae]

Dont ever do those field sobriety tests. They are bullshit, and the cop will never say you passed one. Ditto on blowing etc unless you KNOW you are under the limit. A refusal can be suppressed by a good lawyer.

 

[rubberneck]

this cop was following me to my car and KISSING MY ASS. I think he is afraid of how much I will dig. He better be. I smell a RAT. He waited 3 hours to talk to me. Even the judge asked why he stayed when he was free to go. He kept smoling and waving at me in court like he wants us to be best buddies. I get the vibe he is like sun tzu -- keeping his enemies closer.

He is cheating on you !!!!!

 

[chewyxrage]

Dont ever do those field sobriety tests. They are bullshit, and the cop will never say you passed one. Ditto on blowing etc unless you KNOW you are under the limit. A refusal can be suppressed by a good lawyer.

Yes, I spent thousands of dollars using this technique

 

[gotmilk]

Also a little known fact. -- did you know that officers can pretty much forge the results on the breathe results card?

Yep, in my case, the officer wrote down I had a .38 BAL.

Think about that one for a second.

The cops who arrested me actually took beer cans from the side of the road and placed them on my dashboard. My lawyer demanded the cans be printed and the cans "disappeared".

I was lucky though, the arresting officer was buying enanthate vials from a friend of mine....so we set him up.

 

[Cal_21]

lol...they never were my fave

You're still my fave

 

[javaguru]

-2 for the misspelling of Megadeth.

Thinking man's heavy metal....
http://www.youtube.com/watch?v=1DWoJBHibhM

 

[Mr. dB]

Thinking man's heavy metal....

Wow, that's like the ultimate oxymoron.

 

[javaguru]

Wow, that's like the ultimate oxymoron.

Don't anger the man'o'war gods....

http://www.youtube.com/watch?v=I3ZolPIagVg

 

[75th]

Did you object?

From what I know about how the court system works, that usually gets things moving in the right direction.

 

[75th]

I was lucky though, the arresting officer was buying enanthate vials from a friend of mine....so we set him up.

Outstanding.

 

[blackhawk60]

Don't anger the man'o'war gods....

http://www.youtube.com/watch?v=I3ZolPIagVg

Metalocolypse

 

[heatherrae]

Did you object?

From what I know about how the court system works, that usually gets things moving in the right direction.

We were in the back room in discussions, not in front of the judge. So, there was no one to object to...lol. I had a choice of strategy. I could have gone before the judge and done a motion to suppress all the evidence that had not been revealed to me in discovery, but then if I lost all that shit was for sure coming in right then and there and I had not crafted my trial around the evidence that was missing. The whole theme of my argument was that they had "lost" all this evidence. Or, I could take my continuance and try to get it all suppressed on other grounds.

I chose to take the continuance -- live another day.

That prosecutor thinks he is intimidating me. The more he postures and hides evidence, the more I actually think he doesn't have the skill set to beat me in court.

 

[75th]

We were in the back room in discussions, not in front of the judge. So, there was no one to object to...lol. I had a choice of strategy. I could have gone before the judge and done a motion to suppress all the evidence that had not been revealed to me in discovery, but then if I lost all that shit was for sure coming in right then and there and I had not crafted my trial around the evidence that was missing. The whole theme of my argument was that they had "lost" all this evidence. Or, I could take my continuance and try to get it all suppressed on other grounds.

I chose to take the continuance -- live another day.

That prosecutor thinks he is intimidating me. The more he postures and hides evidence, the more I actually think he doesn't have the skill set to beat me in court.

So...thats when youll start objecting to stuff?

I would also advise that you have your client plead the fifth on something as you move for either a dismissal or a change of venue.

 

[heatherrae]

So...thats when youll start objecting to stuff?

I would also advise that you have your client plead the fifth on something as you move for either a dismissal or a change of venue.

Mmmmm...I've been doing this a few years. I can handle it. ;-)

 

[75th]

Mmmmm...I've been doing this a few years. I can handle it. ;-)

Im gonna have that stricken from the record.

I know youre probably wondering how I became so educated on this subject, what with the vernacular and all. No, I actually didnt attend Harvard Law. I learned everything I know from watching movies.

I bet youre regretting your obviously overpriced education now, arent ya?

The prosecution rests.

 

[heatherrae]

Im gonna have that stricken from the record.

I know youre probably wondering how I became so educated on this subject, what with the vernacular and all. No, I actually didnt attend Harvard Law. I learned everything I know from watching movies.

I bet youre regretting your obviously overpriced education now, arent ya?

The prosecution rests.

That reminds me of the scene from "Catch Me if You Can" where the kid pretends to be a lawyer and watches Perry Mason the day before a court appearance.

He gets in front of the judge and he kept saying "ladies and gentlemen of the jury" and the judge says, "as you can see, there is NO JURY here today." hehehehehe. I love that scene.

 

[nimbus]

that's pretty cool that your client recognized megadeth when he heard it

 

[binö]

Dont ever do those field sobriety tests. They are bullshit, and the cop will never say you passed one. Ditto on blowing etc unless you KNOW you are under the limit. A refusal can be suppressed by a good lawyer.

ahhh, bullshit
refusing got me a 6 point violation and a blood test

 

[velvett]

I had a trial scheduled today. I usually just do real estate now. When I had my own law office I did criminal defense, bankruptcy, and family law. Anyway, this was a DUI I agreed to defend for my sister's boss. I go to the prosecutor's office on Friday because they refused to mail me the discovery. This is in a county 40 minutes away. They told me that I would have to come get it. I get there and they said that the only things they have are filed of record in the court file. So, I get to court today and the prosecutor has all these documents that he did not hand over in discovery. I should file a bar complaint against him.

Then, the officer is shady as f*#k too. He had the tow truck pull over the same time as he pulled this guy over and it was right outside a bar. The results from the intoxilyzer were "missing" all this time, and then he finds them on his person this morning and said he had forgotten to log a bunch of the results cards.

Even though the prosecutor and I got into a heated exchange in the conference room and agreed to continue the trial 6 weeks, I still had to wait a few hours through the docket to get the trial continued. Even though the officer was free to go, he stayed in court all that time and then followed me to my car to talk about the case. WTF! I was literally afraid to go to my car, so I started walking the other way. He roughed my client up a little, started driving all crazy with him in the car, and playing megadeath at the time of the arrest.

That officer, I think, is NUTS

You're sassy.

I like that about you.

 

[heatherrae]

ahhh, bullshit
refusing got me a 6 point violation and a blood test

Your lawyer sucked.

The end.

 

[binö]

Your lawyer sucked.

The end.

hahahaha
lawyers are such haters, always talking shit about each other.
refusing to blow in michigan = automatic lisense suspension, there is no way around it sorry. if it was that easy, no one would get convicted.
and like i said, blood test about 10 minutes after refusing
family lawyer represented me, dude has been in the business about 30 yrs, he knew what was up.

 

[heatherrae]

hahahaha
lawyers are such haters, always talking shit about each other.
refusing to blow in michigan = automatic lisense suspension, there is no way around it sorry. if it was that easy, no one would get convicted.
and like i said, blood test about 10 minutes after refusing
family lawyer represented me, dude has been in the business about 30 yrs, he knew what was up.

ah, michigan sucks for dui's then.

You get the automatic license suspension for refusing here too, but they don't make you do the blood unless you opt for it. A good lawyer can get the refusals suppressed.

 

[txbondsman]

99% of the people who are pulled over don't have the $$ to hire a lawyer to fight it, the risk is to great to risk the $$ and the full sentance if the lose, they just take the plea. BUT, now Texas DPS has a policy that after all is said and done in your case, if your able to keep your license, they want 1500.00 for the first offence to be paid in 3 years, 3K for the second, 4500.00 for the 3rd, and 6K for 3 or more. Thats over and above any fine, probation, etc. The lawyers fees look better now if they think they can win, the vast majority can't, the dashcam doesn't lie. Even if you refuse to do the DWI dance, it sees eveything and has your voice as well. The moral, you drink, don't drive.

as far as the tow trucks, if there is a scam going on, I'd bet not everybody is in on it, find the one/s that aren't and talk to them. Most wreckers are set up on a rotational basis, the ones who aren't in on it are pissed because they don't get their fair share of calls. That's the people that you need to talk to...

Report the discvery problem....

when you win your case, start a lawsuit against he county and city, the officers involved for racketeering, wrongful imprisonment causing severe mental isssues, etc. then call your lib buddies at the ACLU. I'd like to have 40% of the take on that case....

 

[heatherrae]

99% of the people who are pulled over don't have the $$ to hire a lawyer to fight it, the risk is to great to risk the $$ and the full sentance if the lose, they just take the plea. BUT, now Texas DPS has a policy that after all is said and done in your case, if your able to keep your license, they want 1500.00 for the first offence to be paid in 3 years, 3K for the second, 4500.00 for the 3rd, and 6K for 3 or more. Thats over and above any fine, probation, etc. The lawyers fees look better now if they think they can win, the vast majority can't, the dashcam doesn't lie. Even if you refuse to do the DWI dance, it sees eveything and has your voice as well. The moral, you drink, don't drive.

as far as the tow trucks, if there is a scam going on, I'd bet not everybody is in on it, find the one/s that aren't and talk to them. Most wreckers are set up on a rotational basis, the ones who aren't in on it are pissed because they don't get their fair share of calls. That's the people that you need to talk to...

Report the discvery problem....

when you win your case, start a lawsuit against he county and city, the officers involved for racketeering, wrongful imprisonment causing severe mental isssues, etc. then call your lib buddies at the ACLU. I'd like to have 40% of the take on that case....

sounds like dui's could be good money for lawyers in texas. The more expensive/harsh sentences they impose, the more the business becomes good for the lawyers...lol.

 

[txbondsman]

sounds like dui's could be good money for lawyers in texas. The more expensive/harsh sentences they impose, the more the business becomes good for the lawyers...lol.

I see you have no comment on the rest of my somewhat long post, that proves another couple of common beliefs about lawyers and women, never got past the $$ part did ya....

another thing, you crack the case of the tow trucks, I'd be the first one on the TV with one of those class action adds. "If you have been pulled over by the sheriff dept withing the last 2 years and taken to jail, whether convicted or not, and the tow truck was seconds away or maybe even stopped directly behind you at the time of your arrest, you may be eligible for a large sum of money. I this happened to you or someone you know, have them call the lawfirm of Iwill, Screwem, Good. The number is 1-800-BIG-BOOBS. Call NOW, your time may be running out."

 

[heatherrae]

I see you have no comment on the rest of my somewhat long post, that proves another couple of common beliefs about lawyers and women, never got past the $$ part did ya....

another thing, you crack the case of the tow trucks, I'd be the first one on the TV with one of those class action adds. "If you have been pulled over by the sheriff dept withing the last 2 years and taken to jail, whether convicted or not, and the tow truck was seconds away or maybe even stopped directly behind you at the time of your arrest, you may be eligible for a large sum of money. I this happened to you or someone you know, have them call the lawfirm of Iwill, Screwem, Good. The number is 1-800-BIG-BOOBS. Call NOW, your time may be running out."

$$$$$$$


Did you say something?

 

[txbondsman]

$$$$$$$

Did you say something?

I had an old lawyer that I was using tell me once when we were bending the laws some when I was an outlaw, I asked if it was OK to do what he was going to try, he said, "lawyers are like prostitutes, they'll do anything for money", well he pulled off a miracle for me, and it cost me plenty....

it's all about the $$, one way or another.......

 

[javaguru]

ah, michigan sucks for dui's then.

You get the automatic license suspension for refusing here too, but they don't make you do the blood unless you opt for it. A good lawyer can get the refusals suppressed.

Yeah, in Ohio you're only required to take a blood test if it's a fatal accident.