Dealt with a very nice LEO and prosecutor today in court

Dueller · 02-04-2010, 04:40 PM

Appeared in a court I had not practiced before down south of here. My client was a 22 yo college senior CJ/Forensics major, good kid, never in any trouble, not a party animal, got pulled over for careless driving by first officer. Politely refuses to take field sobriety, they arrest him on suspicion of DUI and take him in for Intoxilizer. He refuses that. Second officer at the station writes him for DUI/DUI refusal. First officer cites him for the probable cause careless driving charge.

Arrive in court and introduce myself and talk to the female prosecutor. She looks at file and says talk to the arresting officer...I'll go along with whatever he says. I talk to DUI officer...he asks me about the kid, what he's studying, what the circumstances were, has he learned a lesson yadadadada. Asks me if I think the kid has a drinking problem, etc. I explain I've known him thru mutual friends for about a year, don't see anything that would be a problem. Then we discuss a few technical procedural issues, defense I'm going to present, appealable issues, yadadadada. LEO looks at me and says "I knew it was a close case when I wrote it up. If you say he's a good kid, I'll agree to remand it for 3 years...no more trouble and we'll dismiss." UNHEARD OF!!!!!

Wait for a number of other cases to be heard...Judge calls me up during a lull and asks what I'm there for. Tell her the case. She pulls it and says prosecutor said just dismiss. Judge stamps the file "Not Guilty." Client never even has to go up to the bench. Ask judge if I may be excused from her court.

Shake hands with the officer and prosecutor. Get my client and get the hell out of there. Client was elated.

A930Rocket · 02-04-2010, 04:48 PM

Good for you and your client!

jorian · 02-04-2010, 04:51 PM

You're too modest Jim. If I ever need a lawyer in your state I'll look you up.

Good to hear there is still judicial some common sense out there.

bell · bell's Garage

What a lucky kid......nice work

speeder · 02-04-2010, 05:14 PM

Can't get a whole lot better result than that. Good work...

Dueller · 02-04-2010, 05:36 PM

I know my role is the criminal defense advocate, but his father called me the morning after it happened and I grilled the kid hard. I felt like he was telling me the truth that he'd had 3-4 beers about 3 hours earlier, had come home, was studying, left apt to get something to eat after midnite and got pulled over a few blocks from his apt. He's working his way thru school and wants to go to the state police academy, then law school and work in forensics for the FBI. He was devastated that he'd ruined his chances for that career dream. That probably helped with my discussions with the LEO.

I even cut my fee in half for him

LakeCleElum · 02-04-2010, 05:38 PM

Sounds like the little town I grew up in......We all played nice and turned out OK in spite of getting a few breaks along the way........

Rick Lee · Rick Lee's Garage

I got a slap on the wrist for refusal with NJ staties because the cops told the prosecutor they wouldn't object to my getting a deal. You just have to refuse everything really politely.

dtw · 02-04-2010, 06:37 PM

Is he still SOL for his career plans with the dismissal?

Nice play, btw.

Dueller · 02-04-2010, 06:39 PM

Quote:

Originally Posted by Rick Lee

I got a slap on the wrist for refusal with NJ staties because the cops told the prosecutor they wouldn't object to my getting a deal. You just have to refuse everything really politely.

Under our law, refusal is a separate issue...it calls for a 90 mandatory suspension; i.e., no hardship reinstatement, etc. Its a civil penalty...not a DUI, doesn't go on your driving record, no requirement for 3 years of assigned risk SR22 insurance (about $200/month), etc.

If you don't blow the DUI is based on officer's observation, field sobriety tests such as PBT, walk and turn, HGN, one leg stand, alphabet backwards (all of which I tell everyone to refuse politely), your statements to officer (which is why you say NOTHING remotely incriminating) which you also politely decline.

A cute trick used by officers: they'll tell you "Stand over here by your car" (remember you're being videoed). They'll fiddle around for a while...until you do what is natural...shift on your feet, or lean against your car while waiting. Second you do that, officer will come back and continue interview. When you go to court, officer will testify "He was so drunk he was weaving to keep his balance...couldn't even stand up straight...had to lean against car he was so drunk." You get the idea.

When they ask you to do something for god's sake don't say "I can't even do that sober." Don't laugh happens ALL the time.

Every body in the world says "I've only had two beers..." You'd think the only thing sold are 2 packs. Shheeeesh.

For god's ake keep your mouth shut.

Dueller · 02-04-2010, 06:40 PM

Quote:

Originally Posted by dtw

Is he still SOL for his career plans with the dismissal?

Nice play, btw.

By virtue of the NG verdict, I can have it completely expunged in 6 months, including the arrest record.

aways · 02-04-2010, 06:51 PM

Just curious: What was the nature of his "careless driving"? What was his reason for refusing a field sobriety test? If he was being unnecessarily hassled by the cops, I'm glad he got off. But if not, the whole episode doesn't speak well of respect for the rule of law.

Dueller · 07:32 PM

Quote:

Originally Posted by aways

Just curious: What was the nature of his "careless driving"? What was his reason for refusing a field sobriety test? If he was being unnecessarily hassled by the cops, I'm glad he got off. But if not, the whole episode doesn't speak well of respect for the rule of law.

Officer's report said he spun his tire while making a turn onto a wet frontage road. No weaving alleged. No touching center line. Saw the video and it wasn't "showing out" or hotrodding. Under the speed limit. He was driving a Chevy Tahoe SUV.

Didn't want to blow because he had had 3 beers earlier in the evening. Didn't trust the Intoxilizer 8000...some jurisdictions have discontinued using them because they have been declared inaccurate by some courts. And trust me...they are inaccurate (in both directions). .08 is suprisingly low...for a thin person a beer or two an hour earlier than being tested can put your over the .o8 level.

Also didn't feel he was driving carelessly...a statute LEO's use to stop virtually anyone if they follow them for a few minutes. Doesn't even require you touch the center line.

As far as respect for the law you have the right to resist an unlawful arrest.

This little encounter cost him $225 bail bond, $180 towing, 6 months of anguish and my fee.

Mericet · Mericet's Garage

Quote:

Originally Posted by Dueller

Didn't trust the Intoxilizer 8000...some jurisdictions have discontinued using them because they have been declared inaccurate by some courts.

Even in your home state? Just curious as I used to work for one of CMI's competitors.

Dueller · 02-04-2010, 08:05 PM

Quote:

Originally Posted by Mericet

Even in your home state? Just curious as I used to work for one of CMI's competitors.

Still used in my state...there are some serious court challenges going on in AZ and FL. Particularly with regard to source codes being provided to defense lawyers to challenge prosecution experts. CMI refuses to divulge...hifiding out in Owensboro KY.

Tobra · Tobra's Garage

I thought everyone knew you don't refuse, you decline to blow until you can speak with your attorney.

911Rob · 911Rob's Garage

Sweet Due! Glad to hear it worked out so well for you and I hope you bought a lottery ticket today too? Ha.

Mericet · Mericet's Garage

Quote:

Originally Posted by Dueller

Still used in my state...there are some serious court challenges going on in AZ and FL. Particularly with regard to source codes being provided to defense lawyers to challenge prosecution experts. CMI refuses to divulge...hifiding out in Owensboro KY.

Thanks, knew about FL and AZ. Thought it might have spread. Of course, CMI did have some sort of resolution in MN. The last time I had contact with people in your state's crime lab, there was no source code issues there. Anyway, glad all worked out well for your client.

Joeaksa · 02-05-2010, 01:42 PM

Good job! Hope I never need the services of a lawyer ever again but if I do pay whatever it takes to get the best.

Superman · 02-05-2010, 02:47 PM

I was stopped one night while visiting friends in my old hometown. The same town where my family has resided for four generations. I refused to blow. I am a very polite person, in spite of whatever impressions some of you might have from our political discussions. I'm a very sincere person, and I was polite. But I refused. My thinking was that I needed advice. I wasn't sure what I should do. I wanted advice. As it turns out, apparently, the law does not necessarily give you access to private or public counsel prior to making the blow/no-blow decision. Refusal to blow is fairly serious.

Ultimately, I secured counsel who was pretty surprised when the prosecutor offered to let me plead to "inattentive driving" which, in that state, was semi-serious but not as serious as refusal to blow or DUI. I was pleased too, but I also know how that town operates and was not quite as surprised as the prosecutor.

I still think that arrested persons should have access to advice. But then.....I'm a liberal.