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Old 11-15-2010, 12:41 PM   #31
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Reguarding the question about breathalizer tests.

You have the right to refuse to take these tests. You may have your license supended but thats better than convicting yourself. If you are found not guilty, you get your license back. Time is your friend if your boderline. Make them take the time and effort to get a blood test. That usualy means a trip back to the station or some where else. Gives you time to think, contact a lawyer, etc. Remember, STFU and don't make their job easy for them.
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Old 11-15-2010, 01:07 PM   #32
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Quote:
Originally Posted by Admiral Nelson View Post
Additionally, you may wish to cover what recourse the average citizen has when the officer ignores your lack of consent and searches your vehicle anyway---and there are no witnesses to that act to back up your story (or are willing to).
If a criminal charge was filed against the driver based on evidence recovered during an illegal search, the evidence may by ruled inadmissible at trial based on a violation of the Fourth Amendment's protection against unreasonable searches and seizures. The driver may also have civil remedies, such as filing a complaint against the officer or a lawsuit.

Quote:
Originally Posted by Admiral Nelson View Post
Could you also tell us about requesting blood sample evidence, either voluntary (you have taken no alcohol or drugs) to prove your innocence, or whether it's possible to refuse to provide a sample for whatever reason you wish.
I assume you're asking in the context of a DWI case. The issue of the police beginning to take more blood samples versus breath samples is an interesting one to me, and I plan on covering it in depth in my annual DWI thread before Thanksgiving. The short answer is if a DWI suspect in Texas refuses to give a breath sample, the officer may ask them to give a blood sample. If the suspect refuses to give blood, the officer may obtain a search warrant to compel a sample.

Quote:
Originally Posted by delimex007 View Post
Would like to know a place where you can find info on good,honest and competent lawyers. Any website or forum ?? B'cos a search on Google gives so many lawyers' info that you are totally dazed and dont know who to go with or believe .
As I've written before, I think the best source for a lawyer referral is from a family member or friend you can trust. If that's not possible, try your local bar association or search the State Bar of Texas database, which allows for advanced searches:

State Bar of Texas -- Find a Lawyer

Quote:
Originally Posted by delimex007 View Post
SJ- A query regarding consenting to car searches. Does this apply even at the US border entry points too like at El Paso. I was once driving back from El Paso and at the border- the agent sees the DL or some ID of every person and then he asked 1 car to move to the side-asked the occupants to get out and then proceeded to search the car with his colleague and a sniffer dog too. And those occupants were of Hispanic origin-- I am assuming that is relevant here as it`s a border patrol case.
Someone in the car may have consented to the search. It's my understanding that the same principles regarding searches in the interior apply to searches at our borders, and they apply to both U.S. citizens and non-citizens. In other words, a non-citizen has the same protections against illegal searches as citizens.

Those principles were recently altered regarding electronic devices, such as laptops. Under new regulations issued in August 2009, "In the course of a border search, with or without individualized suspicion, an Officer may examine electronic devices and may review and analyze the information encountered at the border, subject to the requirements and limitations provided herein and applicable law." There are a number of active court challenges to the new regulations.
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Old 11-15-2010, 01:08 PM   #33
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Some municipalities have portable blood collection kits now and are trained to take blood on the spot now.

I am always the designated driver as I do not drink.* But many of my friends do. If pulled over and you think you could not pass a blood test or breathalyzer, should you refuse the test, SJ?

* If we are out and I think you are impaired, please accept my offer to drive you home. I don't want anything but to help you avoid the hassle of a DUI. It is pointless to risk it. Just about any guy or gal here will tell you I am safer than risking a DUI.
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Old 11-15-2010, 01:16 PM   #34
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Quote:
Originally Posted by LazurusLong View Post
My question was asked in response to the poster who said his friend steps out of the car, closes the door and locks the door, an overt act of denying permission of any sort to visually "search" for objects in plain sight.
You're confusing issues. A cop doesn't need consent to look into a vehicle for objects in plain view.

Quote:
Originally Posted by LazurusLong View Post
So if the officer leans down and breaks the barrier of where a closed door or window would normally be a barrier, that would be considered illegal?
Again, yes.
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Old 11-15-2010, 01:23 PM   #35
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Quote:
Originally Posted by cpi3000 View Post
If pulled over and you think you could not pass a blood test or breathalyzer, should you refuse the test, SJ?
Absolutely. I'd go ever farther and advise: If you've had an alcoholic beverage of any sort and in any amount 12 hours before the stop, decline to give breath or blood, even if your subjective belief is that you'd not "fail" the test.
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Old 11-15-2010, 01:29 PM   #36
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Default When getting pulled over in your vehicle...

A little tip to put a cop at ease when getting pulled over.

I roll down all windows, put on the interior dome light at night, and keep my hands in plain sight, usually on the steering wheel. I do not reach for the glove compartment or my wallet to get my license and insurance until asked to do so.

Fidgeting or reaching around in various places in the car can make them very nervous and suspicious. Do not do that. The more you put a patrolman at ease and do not appear to be a threat, the better your chances of getting just a warning or just getting the ticket he pulled you over for.


Ignore that advice if you have a dead body in the back of your car.
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Old 11-15-2010, 01:55 PM   #37
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SJ, how do retainers work? What is standard?

Will you take pussy as a retainer?

Your welcome, SJ. Consider all the free pussy you are about to get for retainers as my retainer for the suggestion here!
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Old 11-15-2010, 04:59 PM   #38
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Quote:
Originally Posted by cpi3000 View Post
SJ, how do retainers work? What is standard?

Will you take pussy as a retainer?

Your welcome, SJ. Consider all the free pussy you are about to get for retainers as my retainer for the suggestion here!
Like most criminal defense lawyers, I have set, retail rates for certain types of offenses, based on the seriousness of the offense because the more serious the offense, the more time it's probably going to take for me to get a favorable outcome. For example, I'll charge more for a felony than a misdemeanor, and more for a federal case versus a state case.

Most of my clients pay my retail rates. But I'm not money-oriented, I'm comfortable, I'm taking good care of all my dependents, and other than having a sugar baby (or two, like now), I don't have any expensive habits. I work for myself so I can do whatever the fuck I want.

So more and more I find myself setting a retainer based on my deep frustration with the criminal justice system. I think, by and large, the beast whose belly I'm in every day is largely ineffective in reducing crime, maybe even counterproductive. I think it's completely insane that prostitution or possession of drugs is a crime, for example.

So if someone approaches me here directly or through a referral, and it's a very simple matter, I won't charge a fee. If it's something that will take more than an hour or so, I'll charge them a drastically-reduced fee. I've found that if I charge a client no fee and there's more than just a little work involved, the client will think my time is worth nothing and they'll waste it. (No offense to anyone here, but that's a phenomenon I experience mostly from my sisters here, not my brothers.) It seems to be a rule that the less I charge a client the more attention they want.

To answer your question: No, I don't trade my services for pussy. I explained why in this post:

http://www.eccie.net/showpost.php?p=585239&postcount=3

However, I have represented hundreds of providers and hobbyists through the years to their satisfaction. When I'm gone, I hope some of them will mourn my passing and not piss on my grave. That's all a lawyer can really ask.
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Old 11-15-2010, 06:03 PM   #39
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Quote:
Originally Posted by cpi3000 View Post
A little tip to put a cop at ease when getting pulled over.

I roll down all windows, put on the interior dome light at night, and keep my hands in plain sight, usually on the steering wheel. I do not reach for the glove compartment or my wallet to get my license and insurance until asked to do so.

Fidgeting or reaching around in various places in the car can make them very nervous and suspicious. Do not do that. The more you put a patrolman at ease and do not appear to be a threat, the better your chances of getting just a warning or just getting the ticket he pulled you over for.


Ignore that advice if you have a dead body in the back of your car.
Fantastic advise. No worse feeling for a cop that walking up to the car and the driver is fucking around in the glove box, console, etc. Hands in plain sight with lights on makes a routine stop go easier for everyone. No, I am not a cop but my father is retired SDPD.
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Old 11-15-2010, 07:56 PM   #40
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"However, I have represented hundreds of providers and hobbyists through the years to their satisfaction. When I'm gone, I hope some of them will mourn my passing and not piss on my grave. That's all a lawyer can really ask."

HAHA i LOVE lawyers!
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Old 11-15-2010, 08:57 PM   #41
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Quote:
Originally Posted by cpi3000 View Post
Some municipalities have portable blood collection kits now and are trained to take blood on the spot now.

...
That scares the heck out of me. In this age of HIV and HEP 3, does an individual have any right to insist that the person taking the blood sample is a medical professional with up to date proof that he/she has been tested for blood-carried diseases?
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Old 11-15-2010, 11:25 PM   #42
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thanks for the info SJ!
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Old 11-16-2010, 01:46 AM   #43
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With regard to KRiggins question about being pulled over for DWB, that's a tough one. At some level, you have to use your common sense about which questions to answer and which ones not to answer. Much depends on why you think you've been pulled over.

If it's your routine DWB, then it probably makes sense to speak to the officer, letting him know that you have a job, can afford the car, etc. (as galling as the assumptions behind his questions must be). However, if he's pulled you over while you have a half naked street walker in your car, you have to make a much quicker and more difficult calculus. Then I'd lean much more toward STFU.
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Old 11-16-2010, 12:22 PM   #44
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Quote:
Originally Posted by Lust4xxxLife View Post
That scares the heck out of me. In this age of HIV and HEP 3, does an individual have any right to insist that the person taking the blood sample is a medical professional with up to date proof that he/she has been tested for blood-carried diseases?
The techs wear gloves and use a disposable needle from a tear-pack. I don't know the specifics of their training, but I know from reading cases they have to undergo a minimum level of training for the results to be admissible into evidence. I guess you could demand the tech show you proof of their training. I guess you could do that to the cop, DA, and judge, too, but you might get thumped like squeaky wheels tend to in the criminal justice system.
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Old 11-16-2010, 12:45 PM   #45
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Default Great advice

Quote:
Originally Posted by cowboyesfan View Post
1) No disrespect intended, but all lawyers say lawyer up.. I don't think it is always the best way to go.

This a pretty good video of a presentation to a law class by a professor on why you should never to talk to cops:
http://www.youtube.com/watch?v=i8z7NC5sgik

The second part is a policeman in the class explaining why you should never talk to cops:
http://www.youtube.com/watch?v=08fZQWjDVKE

I just watched both video's and all I can say is... No matter what business we are in, no matter what activities we take part in and guilty or not THIS is GREAT advice!
Thanks!
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