RE: [tips_and_tricks] Minor under Influence
- Emilgloden wrote:
> I would like your input on the following situation.He's over 18 now, his own man. What is he thinking now?
> 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.
> My son has a drivers license, which he showed the cop.Is that legal or illegal where you are? You didn't say where you are.
> 2. He would not let the cop search the car
> 3. He told the cop he had part of a beer, 4 hours earlier.
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 inThe cop waived his chance. Would a real cop do that? Maybe he wasn't a
> last 2 hours
> 5. The cop did not give my son a breathalyzer test.
> 6. The cop did not give my son a blood test.He waived it again. What was the thinking behind that??
> 7. My son volunteered to take a blood test
> 8. The cop refused to do the blood testThat was a rights violation. What was the reason for that
> 9. The car smelled of alcohol, so my son was given a minor underWho besides the cop smelled anything? Are we to take the subjective
> influence ticket.
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 nothingYou just admitted that there is a RIGHT ORDINANCE NUMBER FOR YOUR SON.
> to do with "minor under influence". Wrong ordinance number.
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 theThat 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 canIf you lose everything up to and following your writ of prohibition, you
> 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.
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. TomSure 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!