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 a legal situation need help please
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| Author | Topic: a legal situation need help please | ||
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Pro Bodybuilder 
Posts: 390 |
me pete and joe were at a bar all of us hammered well joe decides hes wasted and gives me the keys to his car, its only around the block so i drove , well i squeeled his tires goin around a turn and he snapped into an angry drunk and told me to pull over and get out , so i pulled over and got out when he decided to throw a punch at me so i ripped my shirt off and threw back at him he threw back at me and caught me in the side of the head i slipped nothing major i wouldnt credit him with a knockdown anyway pete steps between us to break it up i grabbed my shirt and joe swings on pete , pete snaps and beats the tar out of joe , i told pete he had enough, stop, pete stopped , so we were gettin ready to leave and the cops pull up, since pete was the passenger they sent him home , i was driving so i was put through sobriety tests and what not blew a 1.5 breathalizer, joes dad picked him up and the cops gave me a ride back to petes, i guess the cop told me joe was busted up pretty bad , i was pissed cause joe ripped my gold chain off my neck.. ends up a wek or two later pete is pressing charges of assault and battery on me..what i need to know is can they pinch me for a dui or ouil or impaired or anything for driving the car around the block on a 1.5 cause they never issued any tickets and never hauled me in for a legal breath test at the sattion, assault he swung on me first and pete was rthe one who beat his ass so all im basically worried about is if they can get me for driving hammered a week or two later..i would appreciate any comments,questions, ideas ,or suggestions cause i am mega paranoid about tis deal and i had a feeling hed try to press charges, im already on a yr probation for imparied driving in a different city so    | ||
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Freak 
Posts: 1565 |
WHAT A PUSSY, I SAID IT BEFORE... HE NEEDS TO HAVE HIS ASS WHIPPED A FEW MORE TIMES...
NO OFFICER, I HAD HALF A BEER... PROVE I DIDNT..  | ||
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Elite Bodybuilder 
Posts: 808 |
what a pussy, whip him again, this time wear a ski mask. And then fuck his girl | ||
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Pro Bodybuilder
Posts: 390 |
prove that i was drunk? well i blew a 1.5 on a breathalizer and the legal limit is 1.0 or .08 whatever , but i blew a 1.5 on the street, im not sure if they can hold that up in court or not but wouldnt they write it down in the records as a 1.5 and pin it on me ? | ||
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Elite Bodybuilder
Posts: 1176 |
The prosecution has the burden of proof. All you gotta do is prove a reasonable doubt. In a civil case the plaintiff has to make the jury 51% sure you're guilty. In a criminal case the prosecution has to make the jury 95% sure. You don't have to prove shit when you go in there. Say what ya have to, keep a straight face at all times, keep your story straight, don't show signs of being nervous and don't hesitate in the answers it makes ya look bad. Him sueing you for assualt and battery won't go too far cause he swung first and you had the right to defend yourself. The DUI part, do what MB said. ------------------ | ||
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Pro Bodybuilder
Posts: 595 |
Never blow the breathalyzer. Never say anything to the cops. Do not make any statements, AT ALL! Get a good lawyer. | ||
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Pro Bodybuilder
Posts: 390 |
bumping for the afternoon and night crew | ||
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Elite Bodybuilder
Posts: 911 |
What a hassle this is gonna be. I knew that punk would pull some shit like this. | ||
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Amateur Bodybuilder 
Posts: 265 |
That quite honestly might be the longest run-on sentence I've ever come across. To answer your question though, the Breathalyzer results are all they really need to prosecute. There have been some cases, although very rare, where people have gotten charges reduced when fighting the results in Breathalyzer-only cases. [This message has been edited by somec- (edited November 01, 2000).] | ||
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Amateur Bodybuilder
Posts: 179 |
OK, bro, I thought you said Pete was the one pressing charges on you? Wasn't Joe the one you beat and Pete beat the shit out of? If Joe does anything like sue you, say it was self defense because he took the first swing and have Pete testify. How good of friends were you guys? You shouldn't have to worry about the beer breath, unless you have some really big asshole judge. Good luck. BUFF | ||
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Amateur Bodybuilder
Posts: 142 |
I have arrested well over 100 people for dui so I have credibility here. If I understand you the officer just gave you a field test and a PBT (Preliminary Breath Test). He told you blew a 1.5 and then he let you go. If this is what happened there is no way you can be charged with DUI. As far as the battery charge I highly doubt you will have to go to court. Once the case is reviewed for filing the prosecuter will say you two were mutual combatants and drop the charges | ||
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Guru 
Posts: 3706 |
Yep, I would say you blew into a pbt, did it have little colored lights? He must have told you you blew 0.15, cause a 1.5 you would be dead. If he took you home he didn't charge you with dui/dwi. Plus, if I read you correct they showed up after you had gotten out and were fighting. So, they were probably looking for public intoxication. Yes, they suit may not go far because you both were mutual combatants. So, technically all three of you could have been arrested. | ||
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Elite Bodybuilder
Posts: 1154 |
YOU WILL BE FINE. BREATHLYZER CAN ONLY BE USED IF TAKEN AT POLICE STATION. THE ASSAULT CHARGE IS NOTHING MORE THAN SELF DEFENSE OR A NO CONTEST.GET A LWYER TO BE SAFE. ------------------ HEAVEN IS THE BACKSEAT OF MY CADILLAC.
I CAME.....I SAW........I BENCHED IT....... | ||
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Guru
Posts: 3706 |
I can do a breathalizer anywhere I want, the hospital, the jail, a mobile van (wichita pd calls the bat van), I could even have one in my squad car if that was my main duty. Don't get fooled that we can only do certain things at certain times and places, the law and the constitution, are only guides and case law upholds most of what we do today. | ||
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Elite Bodybuilder
Posts: 911 |
I was Pete in the above story and here's the letter me and thermo each received today. REPORT# **-***** DATE: 10-30-00 TO: NAME The undersigned is investigating a matter in which you appear to be involved. In order for a complete investigation and to insure the proper disposition, it is important that I make contact with you. You may call my office at (xxx) xxx-xxxx, Monday through Friday, between 8:00 a.m. to 10:00 a.m. or 2:30 p.m. to 4:00 p.m. FAILURE TO COMPLY MAY RESULT IN A WARRANT FOR YOUR ARREST. xxxxxxxxxxxxxxxx Sounds like they just want to get the story straight and figure out if there's grounds for any charges. It seems like this is just standard follow up to the report and isn't that big of a deal. We'll found out for sure tomorrow when we call the officer. | ||
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Guru
Posts: 3706 |
Dude, all I can say is get a lawyer and don't talk to them at all. If you go there make sure they read you your miranda warning and then tell them you do not wish to talk to them without your lawyer present. If they say they don't need to read you your warning or ask you to make a written statement do not, I repeat do not. It doesn't seem like a big deal, but if there were injuries and it sounds like there were, you could get tossed in the klink for a long time. | ||
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Elite Bodybuilder
Posts: 911 |
I was under the impression that the PBT has been found to be inaccurate and won't hold up in court. I heard that's why they use the real machine as soon as you get to the station. I also heard that the police officer has to see you operating the vehicle in order to arrest you for drinking and driving. I don't know if those are accurate but they both make sense to me. I wouldn't want to waste money on a lawyer over something as simple as this. | ||
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Elite Bodybuilder
Posts: 911 |
Shit I wish I was a kid again. What the hell happened to people. Guy should of just licked his wounds and took it like man and been done with it. | ||
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Guru
Posts: 3706 |
Yes a pbt can be used in court it is up to the governing body in charge, (usually the DA and depts.) For example the county DA would not allow hgn to be used as evidence of intoxication or to judge its level but it can be quite accurate if used by trained personell. No, I don't have to see you driving it helps, for example, a car accident, you get your car stuck in the mud and are walking around it, etc. The letter you posted from the detective is for the charges of assault and battery, not dui, get a lawyer, what he wants to talk to you about has nothing to do with dui/dwi. | ||
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Amateur Bodybuilder
Posts: 142 |
Ok, I reread the post and this is what is going on. The "vicitm" in the case filed a police report giving your names as the suspects. At the time of the incident, you and your friend were not interviewed. So now that the victim filed a report (with known suspects) a "ROD" has to do follow up on what is known as a bullshit case. "ROD" stands for Retired On Duty. It is a guy who is riding a desk until he retires. The department shovles the bullshit his way so no one else has to deal with it. All he wants is to get your side of the story, IE mutual combat, meaning the three of you were drunk and stupid and thats it. He then completes a supplement and sends it off to the prosecuter. The prosecuter reads the case and says, the friend has no witnesses and you both say you defended yourselfs. He takes into consideration you guys were leaving a bar and decides to not waste anymore of his time and throws it in the bullshit file. And don't be surprised if he does not read you your rights. Its not required in a non-custodial interview. case closed, you can send my fee to PO BOX #1 I am DA Man!!!!! [This message has been edited by lc576 (edited November 01, 2000).] | ||
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Pro Bodybuilder
Posts: 390 |
fuck it i decided im just gonna call there and ask them if im being charged with anything tell them the story saying dude swung on me in a drunken rage i defended myself , my buddy steps in to break it up and dude starts swingin on him to now that i think about it i dont think this is anything more than a follow up and the cop will give the info to the prosecutor to see if they wanan g oahead with charges which i hope they cant get | ||
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Elite Bodybuilder
Posts: 911 |
Thanks a lot fellas, particularly Chesty and lc576.
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Guru
Posts: 3706 |
Your welcome. | ||
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Elite Bodybuilder
Posts: 1188 |
I think it may depend on the laws of the state that you're in. I know in NY that the breathalyzer that they give you on the street cannot be held up in court. A breathalyzer must be issued when you are taken into the precient where they have the big stationary machine. ------------------ | ||
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Pro Bodybuilder
Posts: 390 |
called teh cops today and they want evryone to make statements tellign there sude of the story so they can give the info to the prosecutor to see if its a legitimate beef i know the kid probbaly went off saying we lynched him or somthing but it was really self defense cause he was drunk and swingin on everyone but we'll see what happens , thanks for everyones help | ||
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Guru
Posts: 3706 |
keep us informed. Be careful on how you word things too. | ||
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Amateur Bodybuilder
Posts: 106 |
Chesty knows this stuff. So listen to him and do be careful of how you say anything. If it turns out the investigation seems to be going in the wrong direction, if so stop and request a lawyer. Enough said. | ||
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Pro Bodybuilder
Posts: 390 |
got the police report and the kid said that when we left the bar i was driving home recklessley so he ordered me to stop and pull over when we got out i hit him and my friend joined in, thereafter he was treated at the hospital. bull shit i squelled the tires he went nuts got out swung on me we exchanged punches , my friend tried to break it up dude swings on him to so my friend did him in after that and the cops show up | ||
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Guru
Posts: 3706 |
Dude went to hospital and said you swung first. Any witnessess besides you and your buddy? If I were you I would at least consult with a lawyer, since he was treated, you are most likely going to be charged with battery, since he has the injuries and you and your buddy, don't. I don't know which way it will go, but it could get a little ugly for you two be careful. At most I would say if you were convicted you would probablly get something like 6 months to a year probation, with a misdemeanor batter conviction. peace | ||
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Amateur Bodybuilder
Posts: 269 |
shit !! u cant make a small fight on the street without getting busted !!? is thats why they made a fucked up movie like fight club ? | ||
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Elite Bodybuilder
Posts: 911 |
Only one eye witness that I know of. A neighbor called the police. From what I know he told the cops he saw people =fighting and doesn't know who swung first. All I know is this is a bunch of bullshit. If I have to go to court i'll be pissed. I'm thinking about filing assault & battery charges on him now. I would've let it all go but he's a fucking bitch boy and him and the people like him are the reason this country is going downhill. The maximum penalty, according to our state's penal code, is $500 or 90 days in county or both. I have no priors, it'd probably cost me more than $500 to get a lawyer anyway and i'm looking at probation and community service, if anything the way i figure it. I'll be shocked if the prosecutor decides to go ahead with the case. | ||
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Guru
Posts: 3706 |
I wouldn't, it is election time. Get tough on crime and shit. It would be better to not get convicted than have a misdemeanor convicition on your record. It can (I am not saying it will) give you problems down the road with jobs, loans, school etc. Better safe than sorry. Just remember it is your word against his and he is the one with the injuries. | ||
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Pro Bodybuilder
Posts: 390 |
dude chesty, i am on probation in another city already for impaired driving , if i am convicted with misdeamenor battery do you ill go to county for violation of probation even though its for a different charge in a different city? | ||
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Guru
Posts: 3706 |
Depends on what the terms of your probation were. But yeah if convicted it would definitely violate the other probation. | ||
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Elite Bodybuilder
Posts: 919 |
just letting you know that if you have a decent lawyer, you won't get convicted. If you are found guilty of assault, you can plead deferred adjudication and get a year probation and other stuff, but no conviction. However, probation isn't all fruit and cake, I got 2 years, 80 hours of comm service, prison for a day program (scared strait), meet with your PO every month and pay $40, anger management class,$3,500 in attorneys fees, 3000 word essay on the dangers of assault and other ways to deal with anger. And 6 days in the Harris County Jail. Thats all I can recall, but the worst part of everything is that if you fuck up on probation in any way, -MIP, UIP, DWI, DUI, yada yada, then you will most definatley get convicted for the assault charge and most likely get something like 6 months boot camp, or 45 days in jail, but you will have a conviction and that will fuck you out of pretty much every job you apply for. So that was just my experience with my assault charge so if you are found guilty don't shit your pants just yet because you can most likely avoid a conviction with probation, assuming this is your first infraction with the law. I hope this doesn't fuck up your handicapping :] ------------------ | ||
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Elite Bodybuilder
Posts: 919 |
you were already on probation??, wow, thats not good ------------------ | ||
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Guru
Posts: 3706 |
Need to clarify something. If someone is given probation, then they have been found guilty, they are just not made to serve in jail as long as the don't break the law again. Now if on probation and you violate those terms and fighting would be one of them, then you could be sent to jail to serve out the remainder of the probation. Also, since you have one misdimeanor conviction and are on probation the police where your at already know that by now. | ||
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Pro Bodybuilder
Posts: 390 |
i was convicted of an impaired driving charge in garden city and was sentenced to county jail for 5 days and 2 yrs probation which i have a yr and a half left of and paid court fees lawyer fees and probation fees, and fines now this possible a&b charge in dearborn heights so hopefully mine and lattimers stories will convince the prosecutor to just throw the bitch in the bull shit files cause theres no weights to lift in county | ||
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Elite Bodybuilder
Posts: 919 |
in my situation I was found guilty but not convicted, big difference, I have an arrest record, but no convictions, no company can check my arrest record unless they are in harris county. my lawyer adjudicated the ruling in exchage for a harsh probationary period. I could of just served 14 days in jail and been done with it {with a convcition of course} but I took the 2 years probation to avoid the conviction. I'm really not sure about your situation because your are on probation, they can really fuck you if you get found guilty of this assualt charge. ------------------ | ||
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Guru
Posts: 3706 |
Being found guilty is being convicted. Now you probably have a deal where if you stayed straight for two years they would remove it from your record. Any company with a legitimate reason can get your arrest record, not just in Harris county. It won't show up on a traffic stop or something like that. If you were under 18 and tried as a juvenile well then your records are sealed. | ||
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Elite Bodybuilder
Posts: 919 |
My lawyer told me that there was a law that prevented companies from checking my arrest record outside of the county you were caught in. I might of been convicted an found guilty but it was expunged after completion of probation, same with the friend I was arrested with.
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Guru
Posts: 3706 |
That is good on getting it expunged, but for example Boeing can do a backgrond check on you for a security clearance and I guarantee that it will show up. If you applied to be a police officer somewhere, even an expungement would show up. If I wanted to, I could have your record searched before hiring you as a babysitter. Just remember, if it is written down it is there for life and then some. | ||
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Pro Bodybuilder
Posts: 390 |
well i figured if worse comes to worse ill get a court appointed lawyer, this is not my first deal so it will not come off my record in two years, this sucks i dont feel like going back to county jail | ||
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Guru
Posts: 3706 |
Good luck bro. | ||
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Elite Bodybuilder
Posts: 919 |
just curious chesty, what happends if I applied to be a cop and it showed up?? would I be accepted into the academy? I'm going to law school in a couple years, hopefully my record won't fuck me in the future. ------------------ | ||
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Guru
Posts: 3706 |
It depends on the dept. Most usually won't take serious misdemeanors or felony's of any kind. It just depends on when it was and how serious it was. | ||
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Amateur Bodybuilder
Posts: 142 |
Also, during the background investigation they will conduct a records search with each sheriffs office and local police dept. of every county and city you have lived in. So, even if nothing comes up on your criminal history it will when they check the locals |
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Ultimate Bulletin Board 5.45c
posted November 01, 2000 02:20 PM
