Friday, May 4, 2012

Free Legal Information

Free Legal Information


Does the PA have a case here?

Posted: 03 May 2012 07:05 PM PDT


Question by DeathBrazer/DustMite: Does the PA have a case here?
Okay. So a while back I was arrested for DWI. Let me explain the details. This is a little long but PLEEEASE help me.. I’m really scared. P.S. Everyone that was drinking was of age.

I drive out to a far away city to hang out with this girl i used to know. We are both cheapskates and figure “Hey, lets grab a couple beers from the gas station and drink them before we hit the bars”. So we do. We both get 2 tall boys(4 total). We both drink one each. We hit a couple of bars. Then we decide to head back to her house. At this point I had been monitoring my alcohol to make sure i still had the ability to drive considering I had a 2 hour drive home.

And on the way to taking her back to her house she sees a dominoes she used to work at. So we stop by there to chat with a few of the people there. Then we go to leave. I hop in my car back up and start to pull out of the parking lot. At this point i go “Oh crap, I don’t have my glasses on, I NEEED them to drive”. So we pull out of the parking lot, go to the light, turn left, then start to make another left into the parking lot again.

Welllllll, Not having my glasses on I undershot the turn that was needed and ended up driving into a ditch. At this point the girl FLIPPED. She got out and ran into the dominoes. It wasn’t a deep one though but it took me about 3 tries of driving down the ditch then back up down and back up and eventually I got it out after about 15 minutes of trying. Then i parked it on the side of the road right where i pulled it out and ran into the dominoes to see if she was okay and everything.

I’m in there for maybe 5 minutes when she turns to me and says that there is a police officer at my car. I’m thinking “Ughhh, ill wait in here for a minute and calm down from the accident then go talk to him.” Well as I’m thinking that a police officer comes walking into the dominoes. Immediately asks me if that was one of our cars. I said yea it was mine. He asked if i was driving it. I said “Well, I didn’t have my glasses on so i had to pull back around into the parking lot to get my glasses from the dominoes we were just at.” He said okay, “are you under the influence of anything?” I said “I’ve had a drink or so from the bar down the road. But I’m not intoxicated.” I then said “After that whole deal were waiting on her mom now to come get us and the car and take us home.” And as I’m saying this the girl is shaking her head no. So he makes me step outside of the dominoes to give me some tests.

He then pulled me out and gave me like 2 or 3 different field sobriety tests which I thought i did pretty decent on. But he apparently didn’t. So he asked if the young lady had a way home and if she was alright. I said that I’m pretty sure she was and he mom was coming to get her so she’d be fine there. Well. After about 20 minutes of messing around with the sobriety tests they asked about all the track marks in the ditch and i told them i was trying to get out but its hard as hell to see in the middle of the night with no glasses on but eventually a doctor came and helped me out and he pulled my car out to the side of the road.

So blah blah. They arrested me. Gave me a DWI and also a driving outside of your lane(for the ditch diving i did :P ) They told me they weren’t gonna tow my car so it’ll be there in the morning cuz they knew i was from out of town. They took me to the station and i blew a .096 or w.e. So yea… Here are the few questions I had…

1. Do you guys think that the PA could still prosecute for the DWI even if they made the arrest when I wasn’t even in the vehicle when they found me?

2. Can they add other charges to me depending on my testimony?(i.e. If I say that after i got out of the ditch i brought a beer into the dominoes and drank it in there)

3. Do y’all think that it’s a pretty solid defense to say that I had consumed more alcohol after the incident occurred which led to the over the limit alcohol level?

4. This is in the state of Missouri. Do they revoke your license after the first DWI if convicted? Or even if NOT convicted? Seems kinda odd that they would revoke a license of someone that is “Innocent until proven guilty”.

5. Do you think I could get my license revoked for any other reason stated here? Like driving without my glasses on for that short time? Cuz its required on my license that I wear them.

6. Does anyone know the penalties involved on a first time offense for a DWI out of the state of Missouri? or does it depend on what state you live in because i live in Illinois.

7. Do you think there will be leniency or harsher punishment for the fact that I had just turned 21?
Additionally I might add that I DID drink that second tall boy after the accident. so yea.

Best answer:

Answer by davidmi711
1. Yes. You admitted to driving.
2.If you had you would have mentioned then. If you make that statement they will interview the person working at Dominoes and perhaps watch the tape. Once they show that you lied they could charge you with perjury.
3. Not without witnesses and where they can easily prove you did not.
4. No, suspend.
5. They did not ticket you for the glasses issue so it is unlikely to come up again.
6. Depends on where it happened, not where you live. Don’t know off hand but easy enough to find using google.
7. Punishment is pretty standard.

You were obviously a lot drunker than you though. .096 is pretty drunk.

What do you think? Answer below!

West Midlands Police Clueless Officer Interview Tape

Posted: 03 May 2012 11:11 AM PDT


Back in November 2003 I was arrested after an officer from West Midlands Police searched me in a Stop & Search and found a stanley knife I used for Uni in the bottom of the main compartment of my backpack (I forgot it was there). The arresting officer (badge number 0636) seemed to be the cream of the crop in knowledge as he battled with the idea that someone would use a knife to cut card and FOAM board to mount photographs. Foam board, Is it really that hard to understand what it is? I spell it out to him in the interview and he still questions what it is at the end of the interview!! I really hope West Midlands Police have stopped employing anyone and start to recruit the more educated officers. This was 7 years ago, hopefully for everyones sake, he has not become a detective as god forbid if he gets a ‘serious’ crime that he needs to investigate he is going to need someone to hold his hand! I ended up with a caution, probably because I was naive to think that because I was innocent and thought I had done nothing wrong, it would make me look guilty having legal advice, well it is a hard and career damaging decision. ALWAYS get legal advice! The tape has been edited to remove my personal details, also the audio of the time spoken in the background has also been removed.

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