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Read some of these DUI 'victory' cases from a law firm
Seriously? lol... Executive and Judicial is like a fricking game.
I always say, it should be like europe. blow into the PBT, you're over. you're done.
"vehicle almost hit the police car" then later case gets dismissed.
The Defendant was driving her vehicle when she almost crashed into a police car while both vehicles were in motion. She then swerved around the officer and drove almost 30 mph over the speed limit while weaving in her lane and almost hitting a curb. The officer stopped her and noticed an odor of alcohol, red/glassy eyes and slightly slurred speech. When asked, the Defendant admitted to drinking a Margarita and that she was coming from work (although she was not wearing a work outfit). The officer said the Defendant stumbled out of the vehicle and looked nervous when asked to get out. She was asked to perform roadside exercises. The Defendant was arrested because the officer believed she performed poorly. The Defendant agreed to a breath test at the jail where she blew a .138 and a .135. Additionally, when asked if she was under the influence, she stated “I guess.” The Firm ordered and received all videos of the Defendant’s performance on roadsides and submitted that evidence to the hearing officer at her DMV hearing. The suspension of her driving privileges were invalidated and her license was reinstated based upon the firm’s motion to throw out the suspension for a lack of probable cause to arrest for DUI. The Firm filed and brought that same motion into criminal court and provided the Judge with numerous cases after cross examining the arresting officer. The Judge agreed with the Defense and granted the motion finding that there was no probable cause to arrest the Defendant. The State of Florida dismissed all charges against the Defendant after the motion.
DUI's in Florida are a joke if the defendant has any money
Edit: You know, I say that, but in the end, even if some slick mouthed lawyer gets them off the charge, you still took them off the streets that day/night. Still counts for something.
Last edited by ChevyPower; 02-21-2013 at 05:37 PM.
I had to testify today on one where someone called in on a driver going the wrong way on a controlled access free way. I responded to the call and spotted the guy coming right at me. I put my overhead lights on, and the car wasn't even slowing down. I had to move out of the way or get run over. 1/2 mile down the road, he finally hits another car.
I saw this coming, but it still made me almost crack a smile. The defense attorney asked me if I was able to read the license plate or see the driver as he was coming at me 70 mph. He then asked me how I knew the car I saw was the same car that wrecked 1/2 mile down the road. It really didn't matter because when he crashed, the victim was able to identify him at the scene. But all I could say is "The odds that there was another black sedan driving the wrong way down that stretch of highway 4:00AM are infinitesimally slim."
But of course, I can't blame the defense atty for trying. He's getting paid by the hour, so he has to try something.
Well, there's your problem. The officer had her get out and do some PT. Next time he should start with SFSTs and then have her do the PT. If he arrested her due to her inability to knock out some pushups, I'm not surprised it didn't stand up in court.
I never really have had any problems with attorneys. I know they are doing their job just like they know I'm doing mine. Nobody takes it personal and sometimes even have a conversation here or there in the hallway. Our justice system here is pretty weak and in most cases are plead out anyways. Most attorneys will plead out a case especially if your case is solid.
Now there is a few attorneys here that all day sue and complain about the police to the media. Don't have much respect for them. They just money hungry.
I never really have had any problems with attorneys. I know they are doing their job just like they know I'm doing mine. Nobody takes it personal and sometimes even have a conversation here or there in the hallway. Our justice system here is pretty weak and in most cases are plead out anyways. Most attorneys will plead out a case especially if your case is solid..
Back in the day it wouldn't be unusual for the defense atty and the prosecutor to be in the snack shop in the court house after a hotly contested trial-----------------and invite me over as I was leaving the building.
Today working courts.................hearing the joking around in chambers after procedures is even funnier.
Originally Posted by Starfleet Officer
We have been specifically told that we are not allowed to taze them.
There have been a couple times I thought the judge was going to order me to do so......................
I never really have had any problems with attorneys. I know they are doing their job just like they know I'm doing mine. Nobody takes it personal and sometimes even have a conversation here or there in the hallway. Our justice system here is pretty weak and in most cases are plead out anyways. Most attorneys will plead out a case especially if your case is solid.
Now there is a few attorneys here that all day sue and complain about the police to the media. Don't have much respect for them. They just money hungry.
That's my plan. Build a good case, let them plea it out. People here don't "go to jail" for a simple DWI. They get processed and released, unless its a more serious situation, so "going to jail" isn't even a deterent.
If you have money or your a scumbag who won't show up to court anyway, and you don't care because your license is already suspended, it's all the same.
[QUOTE=Edit: You know, I say that, but in the end, even if some slick mouthed lawyer gets them off the charge, you still took them off the streets that day/night. Still counts for something.[/QUOTE]
More than that:
Car towed: $180
Car storage : $25/day
DL admin hearing fee: $200
DL reinstatement fee: $100
slick-mouthed attorney: $3000 - $10,000
NY imposes limits on plea bargaining in DWI cases. In some cases, the judge must put on the record why he is accepting a plea to a lesser charge. DWI cases in NYC and on Long Island are treated as fairly serious offenses.
More than that:
Car towed: $180
Car storage : $25/day
DL admin hearing fee: $200
DL reinstatement fee: $100
slick-mouthed attorney: $3000 - $10,000
Waking up in jail with a hangover: priceless
Cased dismissed? I still won.
Same here. I have had them come up to me out of court doing their little victory dance and bragging about how they got off. I just laugh at them telling I just got paid for a couple of hours to show up while they just paid a load of money paying fines, impounds, attorney fee's, ect.. They sit there with a dumb look on their face.
Even though the court may let them off the MVA gets them in the end. They can stack fee's, take their license, suspend licenses and registration, even though they may have got off in court. This is so true reference DUI's. They have their own little mini court called administrative hearings.
You just got locked up for DUI. Stupid cop, could not cut me a frickin break. I was coming from ( insert here)and only had two drinks. This moron stops me cause he said I rolled the stop sign.What a phuckin liar. Now i got a DUI, Chit, I gotta get this handled. i can lose my job, security clearence, position or whatever. I don't want a decent dui lawyer I want someone GREAt, WHO WILL TEACH THAT STUPID COP A LESSON.
So you start searching the internet and see this. Wow, WOW, i did not do anything like those guys, if he got them off I surly will be able to kick this. I'm gonna hire this guy.
Lawyers can advertise "I won the following cases". GREAT That does not mean u will win THIS one. I do not know if this is real or fantasy. Independent write ups in the paper that say Joe lawyer beat a DUI for his client Pete drunkard goes a lot more than this website.
As an attorney, I find it rather distasteful to hear of advertisements like the one mentioned in this thread. Implying that you have an ability to get certain results in a particular type of case is at least borderline unethical. I have a very good idea, to a near certainty, what will happen with a first time shoplifting case in my area, but to promise that result is just wrong. Whenever I speak with a potential client in a criminal case I will describe the best possible outcome and counter that with the maximum penalty. Then we can get down to the details of the crime.
As an attorney, I find it rather distasteful to hear of advertisements like the one mentioned in this thread. Implying that you have an ability to get certain results in a particular type of case is at least borderline unethical. I have a very good idea, to a near certainty, what will happen with a first time shoplifting case in my area, but to promise that result is just wrong. Whenever I speak with a potential client in a criminal case I will describe the best possible outcome and counter that with the maximum penalty. Then we can get down to the details of the crime.
We have DWI lawyer here in the Hudson Valley who has some crazy advertisements. She tells people not to cooperate with a DWI investigation, she claims the police are basically inept in determining who is actually a drunk driver and she fear mongers people into thinking that cops are just out to arrest you for no reason. It's actually comical.
Good thing for articulate cops.....bad thing for defenses attorneys is the common law section on DWI. I've cops with good testifying skills sink drivers with BAC under .08.
Last edited by Dinosaur32; 02-23-2013 at 09:28 PM.
Reason: left out law after common
Good, solid, detailed police work is the arch nemesis of all defense lawyers. They only have so much to go on. (except when the fix is in)
The first year of law school you are taught...If the law is against you argue the facts. If the facts are against you, argue the law. If the law and the facts are against you....attack your opponent. Pay attention to detail.
And there are two types of questions you never ask: The question you don't know the answer to, and, The question you do not want the jury to get an answer to.
Here are questions for you Georgia types - how often, if ever, have you dealt with:
- Preston Halliburton and Ron Lloyd of The Breathalyzer Equalizer as Defence Counsel and Expert Witness for DUI "clients";
- DUI "clients" that have used TBE powder and / or personal breath test machines?
Yeah, I said the dreaded "M" word, since it is applicable when speaking of uncertified, non-calibrated things whose numbers / results are not accepted by the Courts.
Here are questions for you Georgia types - how often, if ever, have you dealt with:
- Preston Halliburton and Ron Lloyd of The Breathalyzer Equalizer as Defence Counsel and Expert Witness for DUI "clients";O
- DUI "clients" that have used TBE powder and / or personal breath test machines?
Yeah, I said the dreaded "M" word, since it is applicable when speaking of uncertified, non-calibrated things whose numbers / results are not accepted by the Courts.
"M"........ Not a good term.
Speaking of uncertified things whose numbers aren't accepted by the courts, what do you think about this current case in Utah?
More than that:
Car towed: $180
Car storage : $25/day
DL admin hearing fee: $200
DL reinstatement fee: $100
slick-mouthed attorney: $3000 - $10,000
Waking up in jail with a hangover: priceless
Cased dismissed? I still won.
Agreed. Here the typical deal for first-timers is $600 in court fines, paid victim impact panel, paid remedial education program, the tow, assorted DMV fees, and it gets reduced to reckless which seriously effs your insurance for about five years. Plus that lawyer you paid thousands of dollars to show up 5 minutes before court without knowing your name and take the standard plea deal the DA gives everyone.