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RE: [tips_and_tricks] Minor under Influence

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  • Frog Farmer
    ... He s over 18 now, his own man. What is he thinking now? ... Is that legal or illegal where you are? You didn t say where you are. Tell your kid, 90% of
    Message 1 of 2 , Dec 27, 2007
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      Emilgloden wrote:

      > I would like your input on the following situation.
      > On December 21, my 19 year old son was pulled over, in town, for
      > driving in the center of the street. The time was 1 A.M.

      He's over 18 now, his own man. What is he thinking now?

      > My son has a drivers license, which he showed the cop.
      > 2. He would not let the cop search the car
      > 3. He told the cop he had part of a beer, 4 hours earlier.

      Is that legal or illegal where you are? You didn't say where you are.
      Tell your kid, 90% of all convictions are the result of admissions and
      confessions. Give your kid a Miranda warning.

      > 4. His friend, who he was giving a ride home, had about 3 beers in
      > the
      > last 2 hours
      > 5. The cop did not give my son a breathalyzer test.

      The cop waived his chance. Would a real cop do that? Maybe he wasn't a
      real cop.

      > 6. The cop did not give my son a blood test.
      > 7. My son volunteered to take a blood test

      He waived it again. What was the thinking behind that??

      > 8. The cop refused to do the blood test

      That was a rights violation. What was the reason for that

      > 9. The car smelled of alcohol, so my son was given a minor under
      > influence ticket.

      Who besides the cop smelled anything? Are we to take the subjective
      opinion of one cop when more people were possibly present and could
      report there was no smell? When was the cop last tested to see if his
      sense of smell was accurate, like Chef Ramsey does on Hell's Kitchen
      where he shows that even trained chefs cannot smell simple common foods.

      Alcohol is part of windshield washer fluid. Did the cop check for

      > 10 The ticket has the city ordinance number on it, but it has nothing
      > to do with "minor under influence". Wrong ordinance number.

      You just admitted that there is a RIGHT ORDINANCE NUMBER FOR YOUR SON.
      So why don't you tell us which ordinance number he SHOULD have been
      charged with?! Sheesh! What you should be realizing is, there is no
      "accusatory pleading" sufficient to use to conduct an arraignment
      (without the consent of the sheeple, that is).

      > 11. We would like to obtain a copy of the cop's recording of the
      > event.

      That might be a good idea if you know you're going to lose all the
      issues between now and trial. Don't you think it's a little premature,
      or is waiving arraignment issues already a foregone conclusion? It is
      with most people.

      > 12. My son has a history of severe allergic reactions, which can
      > cause him to drive poorly. (He is very aware of this, and
      > will not drive during these times.) This time he had to drive
      > his friend home.

      If you lose everything up to and following your writ of prohibition, you
      might want to hire a medical doctor as expert witness to testify to

      > 13. The city police are aware of his reactions.

      So you'll want to subpoena them too, but certainly not before it is
      clearly going to trial.

      > Thanks for any and all help. Tom

      Sure Tom, just tell us the steps you plan to take, and if we see any
      that come first or after we'll pipe in! First, stop thinking in favor
      of your adversary. He was so stoned he couldn't create his ticket
      properly. If your kid had been able to look and see that, he could have
      refused to ratify it. Knowledge is power!

      Get some soon!


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