ISO bow
by Javelin1012. 09/21/24 08:20 PM
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Re: Need legal advice, possibly. I'm pissed!
[Re: fingers]
#4099655
03/11/24 05:27 PM
03/11/24 05:27 PM
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Joined: Mar 2008
Posts: 26,179 Prattville, Alabama
Skullworks
Freak of Nature
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Freak of Nature
Joined: Mar 2008
Posts: 26,179
Prattville, Alabama
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Wish I could help but I hope he gets it worked out,
"I'm not near as critical about how big they are as I once was. Smiles are more important now! We will grow more deer." Jimmy G.
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Re: Need legal advice, possibly. I'm pissed!
[Re: Backwards cowboy]
#4099662
03/11/24 05:34 PM
03/11/24 05:34 PM
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Joined: Dec 2000
Posts: 1,388 Cullman,Al.
fingers
OP
8 point
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OP
8 point
Joined: Dec 2000
Posts: 1,388
Cullman,Al.
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So they charged him with a dui after he blew 0.0? Yes. Held him for 23 hrs.
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Re: Need legal advice, possibly. I'm pissed!
[Re: fingers]
#4099665
03/11/24 05:36 PM
03/11/24 05:36 PM
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Joined: Aug 2001
Posts: 67,840 Luverne, AL
Skinny
GUVNER
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GUVNER
Joined: Aug 2001
Posts: 67,840
Luverne, AL
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He has a lawyer so hopefully that part of it gets cleared up and he gets in no further trouble. I do not know if he has a civil case or not for being held for all that time after blowing clean. That would be an ask a lawyer question.
Never Trust Government
"You can be broke but you cant be poor." Ruthie-May Webster
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Re: Need legal advice, possibly. I'm pissed!
[Re: fingers]
#4099666
03/11/24 05:36 PM
03/11/24 05:36 PM
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Joined: Mar 2015
Posts: 5,029 AL
Gobble4me757
12 point
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12 point
Joined: Mar 2015
Posts: 5,029
AL
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Yeah I would be coming after them. That's garbage and a good lawyer will get it done.
2017 Team Aldeer Turkey Contest Champion 2018 Team Aldeer Turkey Contest Champion
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Re: Need legal advice, possibly. I'm pissed!
[Re: fingers]
#4099669
03/11/24 05:44 PM
03/11/24 05:44 PM
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Joined: Oct 2008
Posts: 8,196 In front of my lathe
gundoc
14 point
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14 point
Joined: Oct 2008
Posts: 8,196
In front of my lathe
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He blew a 0.0 or .00? I ask because the limit .08 which is 0.08 NOT 0.8
Need to find out what the second number after the " . " was because that's what counts
2 beers in a 4 hour period isn't much though unless he's a small statured guy. Even then I wouldn't think he'd hit .08
There are two types of gun enthusiasts ... Those who have been F#CKED by PTG and those who will be!
~ unknown
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Re: Need legal advice, possibly. I'm pissed!
[Re: fingers]
#4099671
03/11/24 05:45 PM
03/11/24 05:45 PM
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Joined: Nov 2013
Posts: 10,810 coffee county
goodman_hunter
Booner
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Booner
Joined: Nov 2013
Posts: 10,810
coffee county
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I don't think you have to have any alcohol in your system to be guilty of DUI Did they pull any blood?
For without victory, there is no survival
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Re: Need legal advice, possibly. I'm pissed!
[Re: fingers]
#4099672
03/11/24 05:46 PM
03/11/24 05:46 PM
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Joined: Feb 2012
Posts: 8,888 bessemer, al
hunterturf
14 point
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14 point
Joined: Feb 2012
Posts: 8,888
bessemer, al
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refusing to take a breathalyzer is an automatic trip to jail, as far as the other, sounds like there was a case of embarrassment on the part of the arresting officers and they “got him” as long as they could
Give me bout 15 more minutes, I was dreamin about beavers.......... Si Robertson
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Re: Need legal advice, possibly. I'm pissed!
[Re: fingers]
#4099678
03/11/24 05:58 PM
03/11/24 05:58 PM
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Joined: Dec 2021
Posts: 678 Alabaster
ShootemupTex
Went Ass First
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Went Ass First
Joined: Dec 2021
Posts: 678
Alabaster
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He needed a crash course in criminal justice the day before. First alcohol is not the only substance that can impair someone. Sounds like the cop had it in for him, but in the officer's defense there are a lot of things people are imparied on besides alcohol. The case will most likely be dropped, but as far as any civil recourse against the officer or department will probably hinge on what he said to the officer. You need to see the body cam footage and officer's report. Hopefully you catch the officer in a lie and if so you might have a case after finding a civil lawyer interested. The media might be the best route in that scenario as well, but then that attracts more attention. If your son admitted to consuming any alcohol when pulled over then it could be a lost cause as your son's admission gives the officer cover for making an "iffy" call.
I never admit to consuming anything whether I have or have not. I never take any field sobriety test or breathlyzer roadside or otherwise (which sounds like he failed for reasons unrelated to impairment) for this very reason. It's not my job to provide evdience against my self. And I absolutley never consent to a search of my person or vehicle. Have I had to waste some time waiting on the side of the road, yes? But have I driven away free and satisfied that my constitutional rights were worth a damn still, yes!.
A well trained patrol officer should be able to determine if there is probable cause for DUI arrest without my help. I had a similar situation where I got set up driving back from the beach in Florida through a known DUI/Speed Trap.I had 4 units pull me over like I was Jesse James saying someone "called in" that I was swerving. I answered all the questions about myself except when they asked if I had anything to drink. I politiely told the officer that I understand criminal procedure and I had answered all the questions that would be answered with out a lawyer today. He ran my license for warrants, came back and told me he could smell beer on breath (which was probably true), but was not conducting a DUI and left. I even had one of the other four officers that pulled me over admit that she did not observe any cause to pull me over while we waited on the other officer to run me for warrants. She sunk the case with that statement had it gone further even though she was pretty and only trying to sucker me into running my mouth while waiting. Sometimes you got to know your rights and use them, especially the right to remain silent.
It's a natural urge to get defensive and talk whether you are guilty or innocent in those situations. 90% of arrests are made on the suspects own words. You aren't helping an officer determine guilt or innocence by talking, once providing him a word salad from which he may extract a statement or two to justify an arrest. They have a tough job and I try to make it easier by making it as easy as possible to let me go on my way.
Last edited by ShootemupTex; 03/11/24 06:09 PM.
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Re: Need legal advice, possibly. I'm pissed!
[Re: fingers]
#4099687
03/11/24 06:16 PM
03/11/24 06:16 PM
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Joined: Dec 2004
Posts: 19,009 .
ford150man
Old Mossy Horns
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Old Mossy Horns
Joined: Dec 2004
Posts: 19,009
.
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I don’t blame you for not posting who the agency was that arrested him but for sh!ts and giggles, my guess is a small time agency with a loser, overzealous po po, trying to flex his badge. Those officers scare me. They want to use their firearm so bad they can taste it.
Last edited by ford150man; 03/11/24 06:16 PM.
If voting made any difference, they wouldn’t let us do it.-Mark Twain
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Re: Need legal advice, possibly. I'm pissed!
[Re: fingers]
#4099689
03/11/24 06:19 PM
03/11/24 06:19 PM
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Joined: Dec 2021
Posts: 678 Alabaster
ShootemupTex
Went Ass First
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Went Ass First
Joined: Dec 2021
Posts: 678
Alabaster
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No blood drawn. Not sure about he 0.0 or.00 The officer specifically told him he did not have to take the breathalyzer and did not inform him it was an automatic trip to jail. My son did say that when the first breathalyzer was given in the jail the officer got a stunned look on his face and looked at another officer with a surprised look in his face and then started asking my son if he was on any medications at all or had he taken anything all. My son told him he was taking zero medications and that he was just very nervous. It is my uneducated understanding that when you blow a zero you are free to go. Not necessarily, a breathyler can only detect alcohol. Could be high on weed or prescription medication. You can get a DUI for taking something legally prescribed to you if the officer feels you are "impaired". Sounds like the officers at the jail knew it was a bad call, but that is the wall of silence. They won't/can't question another officer's arrest unless they are his superior especially if he was booked into a different agencies jail. I'd be anxious to see the body cam footage and official arrest report. The officer should explain his probable cause in the written report. Hold that up the light of any body cam footage. There's your case.
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Re: Need legal advice, possibly. I'm pissed!
[Re: fingers]
#4099690
03/11/24 06:33 PM
03/11/24 06:33 PM
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Joined: Jul 2011
Posts: 35,929 Boxes Cove
2Dogs
Freak of Nature
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Freak of Nature
Joined: Jul 2011
Posts: 35,929
Boxes Cove
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Was he in his guard uniform ?
"Why do you ask"?
Always vote the slowest path to socialism.
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Re: Need legal advice, possibly. I'm pissed!
[Re: fingers]
#4099692
03/11/24 06:35 PM
03/11/24 06:35 PM
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Joined: Jan 2017
Posts: 3,923 Lower Alabama
Andalusia
10 point
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10 point
Joined: Jan 2017
Posts: 3,923
Lower Alabama
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Your son's attorney should be able to answer all your questions/concerns or give you a good reason why he cannot ie: waiting for reports/tests etc.
If he is not adequately informing you then maybe you need a different attorney.
"It is the mark of an educated mind to be able to entertain a thought without accepting it"
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Re: Need legal advice, possibly. I'm pissed!
[Re: 2Dogs]
#4099694
03/11/24 06:40 PM
03/11/24 06:40 PM
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Joined: Nov 2010
Posts: 25,047 Buc-ee’s Beach Express
leroycnbucks
Freak of Nature
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Freak of Nature
Joined: Nov 2010
Posts: 25,047
Buc-ee’s Beach Express
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Was he in his guard uniform ? It’s an Army uniform with an Alabama unit patch. Most non military personnel wouldn’t know the difference. But I was wondering the same thing. Did he and the officer have any back and forth conversations?
Proud Army and ALNG veteran God Bless America!
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Re: Need legal advice, possibly. I'm pissed!
[Re: 2Dogs]
#4099710
03/11/24 07:22 PM
03/11/24 07:22 PM
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Joined: Dec 2000
Posts: 1,388 Cullman,Al.
fingers
OP
8 point
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OP
8 point
Joined: Dec 2000
Posts: 1,388
Cullman,Al.
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Was he in his guard uniform ? No. But his uniform was in truck and he has a Air National Guard tag.
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Re: Need legal advice, possibly. I'm pissed!
[Re: leroycnbucks]
#4099711
03/11/24 07:26 PM
03/11/24 07:26 PM
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Joined: Jun 2013
Posts: 53,439 Gee's Bend/At The Hog Pen
James
Freak of Nature
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Freak of Nature
Joined: Jun 2013
Posts: 53,439
Gee's Bend/At The Hog Pen
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Was he in his guard uniform ? It’s an Army uniform with an Alabama unit patch. Most non military personnel wouldn’t know the difference. But I was wondering the same thing. Did he and the officer have any back and forth conversations? Just curious as to why that would matter?
Do not regret growing older, it's a privilege denied to many!
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