DUmmy "mercuryblues"'s son in jail charged with a DUI, in need of legal advice

[Tess Anderson]

http://www.democraticunderground.com/10025886965

Sat Nov 29, 2014, 02:56 PM
mercuryblues (2,095 posts)

Any DU lawyer opinion


My son got a DUI.

Back story. He stopped in at a party near our house. He was involved in a fight with a police officers son. The kid called his dad. Dad showed up as my son was leaving. Dad was off duty. When my son tried to walk past him, the cop pulled his gun out and pointed at him and said "backup" . My son, instead of walking home, got into his truck and took off. The cop never identified himself, so all he knew was some guy pulls up and points a gun at him.

In the short drive, my son put his truck in a ditch, got out and ran home, went to bed. Of course an hour later, they were knocking at the door to arrest him.

The 2 events happened in separate counties. And right now I am not sure of all the details involving the fight, but those will be separate charges in another county anyhow. Which will be determined after I bail him out today, if any.

My question is. How much of a case would they have for a DUI. He was not planning on driving until a cop pulled his personal gun on him. He also never consented to or had a breathelizer and never had his blood taken.
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Response to MineralMan (Reply #7)Sat Nov 29, 2014, 03:37 PM
mercuryblues (2,095 posts)
10. Lol.

All my kids know to ask for a lawyer first, since they were 12. He refused the breathalyzer and blood test. I have put out feelers for the best DUI lawyer around. Right now he is still sitting in detention. I figure letting him stew for a few days would be good for him.

Right now the only reason I mentioned the cop was because that is the reason he got into his truck instead of walking home. I am not even sure if charges will be pressed for that.

Being 2 different counties, the Dui in one and fight in the other. So separate arrests. I have feelers out for a good lawyer recommendation. By Monday I should have a recommendation and will call for an appt.

Refused? Uh-oh

Kyle is of no help at all again:

to mercuryblues (Original post)Sat Nov 29, 2014, 03:39 PM
Gothmog (13,505 posts)
11. Get a local lawyer now

This is not my area but I know enough that your son needs good help sooner than later

  implied consent

[BattleHymn]

This sounds like a case for Laser Haas!!!

[Delmar]

He was involved in a fight with a police officers son. The kid called his dad. Dad showed up as my son was leaving. Dad was off duty. When my son tried to walk past him, the cop pulled his gun out and pointed at him and said "backup" . My son, instead of walking home, got into his truck and took off. The cop never identified himself, so all he knew was some guy pulls up and points a gun at him.

The cop just "showed up?"  Wrong, DUmmy:  He jumped out of the bushes.

Zero bongs.

[Big Dog]

This sounds like a case for Laser Haas!!!

The private attorney general who wears his underwear outside of his pants, 'cuz he thinks it makes him look like a superhero.

[dutch508]

Not sure of the laws in whatever state the DUmpmonkey is living in, however...

In our state if you refuse to take the PBT or the breatholizer at jail you are automatically charged with refusal to take a blood alcohol test and are not charged with a DUI. The penalties for doing so are exactly the same as getting a DUI with out the requirement of proving you where DUI. I actually prefer if you refuse. A hell of lot less paperwork to do plus the fact that the refusal is on video that all the state needs to prove it's case.

By state kaw if you drive you have already given your consent to be tested if warranted...

60-6,197. Driving under influence of alcoholic liquor or drugs; implied consent to submit to chemical test; when test administered; refusal; advisement; effect; violation; penalty.

(1) Any person who operates or has in his or her actual physical control a motor vehicle in this state shall be deemed to have given his or her consent to submit to a chemical test or tests of his or her blood, breath, or urine for the purpose of determining the concentration of alcohol or the presence of drugs in such blood, breath, or urine.

(2) Any peace officer who has been duly authorized to make arrests for violations of traffic laws of this state or of ordinances of any city or village may require any person arrested for any offense arising out of acts alleged to have been committed while the person was driving or was in actual physical control of a motor vehicle while under the influence of alcoholic liquor or drugs to submit to a chemical test or tests of his or her blood, breath, or urine for the purpose of determining the concentration of alcohol or the presence of drugs in such blood, breath, or urine when the officer has reasonable grounds to believe that such person was driving or was in the actual physical control of a motor vehicle in this state while under the influence of alcoholic liquor or drugs in violation of section 60-6,196.

(3) Any person arrested as described in subsection (2) of this section may, upon the direction of a peace officer, be required to submit to a chemical test or tests of his or her blood, breath, or urine for a determination of the concentration of alcohol or the presence of drugs. If the chemical test discloses the presence of a concentration of alcohol in violation of subsection (1) of section 60-6,196, the person shall be subject to the administrative license revocation procedures provided in sections 60-498.01 to 60-498.04 and upon conviction be punished as provided in sections 60-6,197.02 to 60-6,197.08. Any person who refuses to submit to such test or tests required pursuant to this section shall be subject to the administrative license revocation procedures provided in sections 60-498.01 to 60-498.04 and shall be guilty of a crime and upon conviction punished as provided in sections 60-6,197.02 to 60-6,197.08.

(4) Any person involved in a motor vehicle accident in this state may be required to submit to a chemical test or tests of his or her blood, breath, or urine by any peace officer if the officer has reasonable grounds to believe that the person was driving or was in actual physical control of a motor vehicle on a public highway in this state while under the influence of alcoholic liquor or drugs at the time of the accident. A person involved in a motor vehicle accident subject to the implied consent law of this state shall not be deemed to have withdrawn consent to submit to a chemical test of his or her blood, breath, or urine by reason of leaving this state. If the person refuses a test under this section and leaves the state for any reason following an accident, he or she shall remain subject to subsection (3) of this section and sections 60-498.01 to 60-498.04 upon return.
(5) Any person who is required to submit to a chemical blood, breath, or urine test or tests pursuant to this section shall be advised that refusal to submit to such test or tests is a separate crime for which the person may be charged. Failure to provide such advisement shall not affect the admissibility of the chemical test result in any legal proceedings. However, failure to provide such advisement shall negate the state's ability to bring any criminal charges against a refusing party pursuant to this section.

(6) Refusal to submit to a chemical blood, breath, or urine test or tests pursuant to this section shall be admissible evidence in any action for a violation of section 60-6,196 or a city or village ordinance enacted in conformance with such section.


DUmp Monkey Jr. is screwn.

 

[delilahmused]

The cop part is a lie, either by the son or parent. An off duty cop pulls a weapon because his kid was fighting with another kid at a party? Not hardly.

Cindie

[Big Dog]

The cop part is a lie, either by the son or parent. An off duty cop pulls a weapon because his kid was fighting with another kid at a party? Not hardly.

Cindie

The DUmmy was trying to add a little spice to the story. To bad for him, it was like adding cayenne pepper to French toast.

[Chris_]

A cop's not a cop unless he or she pulls out their weapon arbitrarily. </DUh>

[fatboy]

Read the whole DUmmy thread. My thoughts? I wanted to say that the space between "The Truth" and "The Reality" when it involves an almost 21 year old male that has been arrested is generally a huge gap.

Having thought that thought, I really want to say that this DUmmies kid is probably way smarter than the local yokel cops and he will be set free with an apology right quick. Just as soon as the police realize just who they are up against. No police department needs that kind of grief.

Love the part about mercuryblues hitting the ATM! 

[HawkHogan]

Dummy's kid gets a DUI and Dummy blames Darren Wilson. 

[Chris_]

Dummy's kid gets a DUI and Dummy blames Darren Wilson.

Naturally.

[GOBUCKS]

Better call Saul.

I'm disappointed that none of the DUmmies mentioned the kid would have been shot dead if he wasn't white.

[JakeStyle]

This sounds like a case for Laser Haas!!!

 

[dutch508]

SheilaT (16,379 posts)
21. In many states refusing a breath or blood test

is seen as an automatic admission of guilt. Of course, if they never asked him to do either of those, that's a different story.

In any case, the exact laws vary from jurisdiction to jurisdiction, and you absolutely need a local attorney who handles DUI cases in your area.

And whether or not he'd planned to drive has nothing to do with the fact that (maybe) he drove while intoxicated.

Screwn, I tell ya!

  former9thward (12,419 posts)
20. In order to prove a DUI they must prove he was in under the influence

while in control of the vehicle. They can't in this case. Hopefully he has made no admissions to the police or other prisoners. The fact he was drinking at the party means nothing. They can't prove he was DUI at the time he was driving because no tests were taken and police officers did not observe his driving.

If there was a 'cop at the scene' who saw him drive away... witnesses say he was at the party drinking, cop says he saw the 'yut' flee the scene of a possible assault, police find wrecked truck in ditch...

Dad showed up as my son was leaving. Dad was off duty. When my son tried to walk past him, the cop pulled his gun out and pointed at him and said "backup" . My son, instead of walking home, got into his truck and took off.

screwn.

In the short drive, my son put his truck in a ditch, got out and ran home, went to bed. Of course an hour later, they were knocking at the door to arrest him.

of course. He was identified at the scene and they ran the lic plates on the wrecked and abandoned vehicle. THEN the genius refused a PBT.

The Crown rests it's case, m'Lord.

[BattleHymn]

The Crown rests it's case, m'Lord.

Yes, but hast thou constable spring'th forthe out of ye olde bushe? 

[dutch508]

Yes, but hast thou constable spring'th forthe out of ye olde bushe?

Yea, verily I say unto you, leapeth most manly from yon bushes the sheriff hath sprung.

[DumbAss Tanker]

I dunno for sure either Dutch, but I've either prosecuted or been involved in imposing administrative consequences on DUIs in at least six states, they all will at least automatically suspend your license for refusal.  There is a twist in this situation as the DUmmie painted it, since the kid was not actually apprehended at the scene, but what that's worth depends on just how many hours later the cops showed up at the house, and whether the kid had the wits to grab a bottle of whisky and drink several ounces of it in front of one or more witnesses once he got home.  Most likely still lose the license for refusal, and while slugging down the whisky might get him off a DUI, the refusal would still draw a suspension.  It's remotely possible that the judge would find there was no probable cause for the request, if enough time had passed and he either hated the citing cop or the kid's attorney was his best bud, which would kill both the refusal and the DUI charge.  Don''t recall whether the DUmmie mentioned the kid's age, which could be another issue. 

[JohnnyReb]

All my kids know to ask for a lawyer first, since they were 12. ....only DUmmie kids need to learn that.

[BlueStateSaint]

Yea, verily I say unto you, leapeth most manly from yon bushes the sheriff hath sprung.

Perchance, willst he put the miscreante into the stocks?

[Big Dog]

The DUmmy asked for legal advice on Skinner's island of Misfit Toys.

 

The kid will get the death penalty, for sure

[Carl]

The lesson to be learned here is that when writing a bouncy do not make the side story,the DUI,overshadow the real purpose.
In this case it was to thrust themselves into the outrage of the week,cops are insane,gun loving authoritarians.

An epic fail.

[miskie]

My legal advice would be the last place you want to go for legal advice is DU.

But since you are a DUmmy, sure.. Find a DU lawyer. 

[JohnnyReb]

Mike Brown is not available to give advice at this time.

[sharkhawk]

The kid is really screwn if he told the authorities he wasn't going to drive home except for the "cop".  Shows that he knows that he knew he was drunk.

[Big Dog]

Mike Brown is not available to give advice at this time.

If Mike Brown was alive, he'd say "And then I told that cop, 'you're too much of a ***** to shoot me'. I'll never say that again!"