Not guilty verdicts
- Thread starter Manch.
- Start date
Never been the defendant in a criminal case but have been involved in civil litigation a couple of times. It's a too common thing in the construction industry. The last one I tried to settle but the other party insisted on a trial. I prevailed at a higher amount than the last settlement offer. Really though, it was my attorney who really cashed in.
Did you ever see the cash?
With all the issues I went through last year, I picked up a DUI, 9 1/2 years after my first one, so they nailed me with a 2nd. I refused to blow, so the state took my license automatically for 2 years, and even though I won in court, the state still keeps it for two years.
With all the issues I went through last year, I picked up a DUI, 9 1/2 years after my first one, so they nailed me with a 2nd. I refused to blow, so the state took my license automatically for 2 years, and even though I won in court, the state still keeps it for two years.
Hate it for ya. North Carolina immediately revokes DL for a year if you refuse to blow. Still gone for a year even if found non guilty of DUI.
Sorry to hear that dude. I remember your alcoholism being pretty extreme. Hope you’re back on the wagon and healthy.
1 year sober, healthy except for a severe case of diverticulitis, which recently hospitalized twice for a total of 14 days and major surgery, none of due to my past drinking.
I had a friend hit rock bottom - DUI while traveling through Mississippi how bad is that - fortunately he hired a local lawyer who was able to secure pre trial diversion. It made me quit, not a drop since. Good luck with your health Manch.
Our DUI laws are beyond ridiculous and blatantly unconstitutional. The dishonest corrupt piece of crap cops, prosecutors and judges that enforce them should be drawn and quartered or crucified or hung in public.
4th and 5th routinely
Also the per se laws and "implied consent laws" are blatant violations of double jeopardy.
Not to mention that officers lie their butts off and make up bullcrap storys and false facts in court. The standard of impartial trials and the need to find guilt beyond a reasonable doubt are laughed at by the courts.
Defendants are punished with ridiculous penalties if they Exercise their constitutionally guaranteed right to a jury trial rather than letting a corrupt judge just convict them on the unverified claims of police officers who are rewarded for convictions.
The punishments are way beyond unreasonable for the supposed crime when no one is harmed.
The list goes on and on.
It's not about safety at all, but revenue.
Those who execute this unconstitutional revenue generation system at the expense of innocent citizens do not deserve to live amongst us.
The main problem I have is implied consent. No one should be punished for exercising their constitutional rights. That includes a refusal to take a breathalizer.
That said, I don't think punishment for driving under the influence of alcohol or drugs is too harsh. People driving under the influence are a severe threat to kill innocent people.
That said, I don't think punishment for driving under the influence of alcohol or drugs is too harsh. People driving under the influence are a severe threat to kill innocent people.
You might not realize how harsh the penalties can be for someone who simply had a couple of drinks and isn't really a danger to anyone.
Also the threat is way overblown with deceptive statistics. First off the NHTSA assumes that drivers not tested for alcohol would fail at the same rate as those who are and extrapolates they state based on that. Also if a driver test positive for alcohol they label the accident as alcohol related regardless of the actual circumstances of the crash. A driver with a couple of beers in him could be tboned by a sober red light runner or hit from behind while sitting a red light and the wreck gets classified as alcohol related even though alcohol obviously had nothing to do with it. Finally the majority of fatalities involving drunk drivers are the drivers themselves. The second largest group is the passengers of the drunk driver.
When you wade through all the BS, the number of innocent poeple killed by driving under the influence is actually pretty minuscule. It's not nearly the problem they claim it to be.
I got a DUI the week after I graduated from FSU. Worst experience of my life. I didn't blow either and lost my license for a year. Got a lawyer and I'm really not sure what the hell he did for me, I think it ended up as a plea of "no contest" but I still didn't have a license so I don't know what the point was. On the bright side I doubt I'd be where I am today if it never happened.
Implied consent is the worst one and violates the fifth amendment due to the possibility of incriminating yourself. They can then use that refusal against you in court to try to imply you were hiding something. In any other criminal proceeding, you cannot be compelled to testify against yourself.
If you are found not guilty in court, they still get to keep your license. Basically by refusing to blow or do the roadside tests, they are saying you are guilty no matter what ultimately happens in court.
In any situation, it should always be up to the prosecution to prove beyond a reasonable doubt that you were impaired.
If you are found not guilty in court, they still get to keep your license. Basically by refusing to blow or do the roadside tests, they are saying you are guilty no matter what ultimately happens in court.
In any situation, it should always be up to the prosecution to prove beyond a reasonable doubt that you were impaired.
I don't necessarily disagree, but I think our difference is probably the standard for being drunk under the law, which has loosened over the years. If someone is truly impaired, they need to be punished severely.
I would say the DUI laws in Florida are pretty Draconian. Not sure about unconstitutional.
In this state, as I understand it, you can be charged with a DUI if you're simply walking to your car drunk with your keys in your hand or if you're found in your car sleeping it off.
Intent to drive isn't something they have to prove.
Obviously the state of Alabama doesn't have the same laws. Or at least they don't apply to starting defensive tackles on the University of Alabama football team.
I agree the truly impaired should be punished. Then it problem I have is that arbitrary limits and arresting those who aren't truly drunk. The standard of reasonable doubt should prevail over the standard of possible guilt. And as others have mentioned, charging someone with DUI who is asleep in a parking lot is beyond asinine.
Instead of joining corporate America I moved back home and learned about business. I ended up starting my own business and made my first million in my mid 20s. I'm now 29 with every material thing I could ever want and just scratching the surface of life.
Was pulled over in a po-dump town in between Thomasville and Tifton after drinking a six pack, I was 21 years old.
I was actually busted with an open beer under my seat. Prettt amazing how dumb I was back then.
Any how, he told me to blow, I said no, he said automatic year with no license and I go straight to jail if I don't.
I rolled the dice and blew. I did it as lightly as humanly possibly, just enough for it to register.
I was .07...he let me go with a speeding ticket and an open container ticket.
Fast forward a month: I paid ticket.
Fast forward a year: I do an illegal u-turn, I had been drinking heavily and was way over the limit. Cop runs my license and then comes back to and says it was my lucky day. He took me to jail because there was a warrant out for my arrest. He said he'd be giving me a DUI if he wasn't taking me to jail for the warrant.
The warrant was out on me because GA never communicated back to FL that I had paid my speeding ticket the year prior.
How bout that, the ticket got me out of a dui.
Went to court and explained to judge I paid and it was all cleared up, I went home with no issues.
Lucky as all get out.
I was actually busted with an open beer under my seat. Prettt amazing how dumb I was back then.
Any how, he told me to blow, I said no, he said automatic year with no license and I go straight to jail if I don't.
I rolled the dice and blew. I did it as lightly as humanly possibly, just enough for it to register.
I was .07...he let me go with a speeding ticket and an open container ticket.
Fast forward a month: I paid ticket.
Fast forward a year: I do an illegal u-turn, I had been drinking heavily and was way over the limit. Cop runs my license and then comes back to and says it was my lucky day. He took me to jail because there was a warrant out for my arrest. He said he'd be giving me a DUI if he wasn't taking me to jail for the warrant.
The warrant was out on me because GA never communicated back to FL that I had paid my speeding ticket the year prior.
How bout that, the ticket got me out of a dui.
Went to court and explained to judge I paid and it was all cleared up, I went home with no issues.
Lucky as all get out.
I don't drink and drive anymore btw. That was probably a cocky story for me tell. Again I was very lucky and thankful to this day I do not have a Dui, or hurt anyone.
My very good friend got a dui manslaughter. He hit an elderly lady walking her dog just before sunset. Had be drinking all day while playing golf and was running up to publix to get some steaks to grill. He had a hard time seeing the road because the sun was setting in his face. Lady was walking her dog and he ran her over.
Sentenced to 10 years, he was 24 years old :/
My very good friend got a dui manslaughter. He hit an elderly lady walking her dog just before sunset. Had be drinking all day while playing golf and was running up to publix to get some steaks to grill. He had a hard time seeing the road because the sun was setting in his face. Lady was walking her dog and he ran her over.
Sentenced to 10 years, he was 24 years old :/
I'm not condoning drunk driving and think that those who are truly impaired should suffer real consequences, but think the laws have gotten a little excessive for people who are driving after a few drinks and not impaired. The low standards that police have to meet to arrest and suspend licenses also concerns me. Consider this, texting and driving is a distraction and now banned. Would it be okay for police to pull you over for suspected texting, require you to turn over and unlock your phone so they can see when and how much you texted? If you texted more than 8 words, you go to jail, face huge fines, have your license suspended for a year and have to pay a lawyer a lot of money to get your life back on track. If you refuse, they will take you to jail, your license will automatically be suspended for at least a year and you will have to go to court, hire a lawyer and pay thousands of dollars to avoid further jail time and to get your license back.
I appreciate that keeping drunk people from driving is a good thing, but it is a slippery slope.
Can't wait for the law suspending licenses and sending women to jail for applying their makeup in the visor mirror during morning rush hour traffic.
If a driver is driving erratically putting others at risk for whatever reason, they should get ticketed. If it is egregious, they should get worse. I think there still needs to be due process and adequate proof before very harsh consequences are enforced.
I appreciate that keeping drunk people from driving is a good thing, but it is a slippery slope.
Can't wait for the law suspending licenses and sending women to jail for applying their makeup in the visor mirror during morning rush hour traffic.
If a driver is driving erratically putting others at risk for whatever reason, they should get ticketed. If it is egregious, they should get worse. I think there still needs to be due process and adequate proof before very harsh consequences are enforced.
Totally agree that exercising your right to take a case to trial is seen as an "inconvenience to the court" and punished rather than being respected as a citizen who is aware of and exercising their rights.
The whole plea bargain system is flawed and built on efficiency / laziness / budgets rather than the American pillar of Justice.
This especially becomes clear when you look at the number of folks provided overworked, underpaid, potentially incompetent/jaded/lazy court appointed representation who basically manipulate innocent people into accepting a plea claiming the "facts don't play out in their favor." Only when you have money (e.g. Thabo Sefolosha of the Hawks) are you able to fight and win a case most folks would have pled out.
Online marketing. I have a large team now and we mostly specialize in Facebook ads, Amazon and natural health products.
I blew almost 10 years ago and ended up pleading NOLO.
This time, I was parked for an hour in a Target parking lot, never left the car or moved, and a cop pulled up behind me and checked on me because I was parked to close to one of the yellow lines. I refused to answer any of his questions, because I have a prior DUI and anything over a .02 will convict me of a 2nd DUI. I had a few drinks while sitting there. Home was hell because of the issues that haunted us after my son's passing.
Now, this touches on a few of the above posts. I had my keys in the vehicle, not in the ignition. The officer called EMT services because I refused to say a word to him. No blood was drawn and I refused to consent to blood being drawn. Because this was a 2nd offense that he was charging me with, it was an automatic loss of license for two years, to run consecutive with any future court sentences, even though it was the first time I ever refused to consent.
The state was arguing that I had control over my vehicle and used the open container of booze and my slightly crooked parking as evidence to charge me. My first public defender wanted me to plea out. I had him dismissed and went to trial with one that was willing to put in an effort.
If we lost the trial with the judge, we would have appealed to a jury trial. We had the trial, and 13 days later I got a letter from the court saying the judge had found me not guilty.
So, I have lost my license, in essence, for almost 5 years total for a .14 BAC from almost 10 years ago.
This time, I was parked for an hour in a Target parking lot, never left the car or moved, and a cop pulled up behind me and checked on me because I was parked to close to one of the yellow lines. I refused to answer any of his questions, because I have a prior DUI and anything over a .02 will convict me of a 2nd DUI. I had a few drinks while sitting there. Home was hell because of the issues that haunted us after my son's passing.
Now, this touches on a few of the above posts. I had my keys in the vehicle, not in the ignition. The officer called EMT services because I refused to say a word to him. No blood was drawn and I refused to consent to blood being drawn. Because this was a 2nd offense that he was charging me with, it was an automatic loss of license for two years, to run consecutive with any future court sentences, even though it was the first time I ever refused to consent.
The state was arguing that I had control over my vehicle and used the open container of booze and my slightly crooked parking as evidence to charge me. My first public defender wanted me to plea out. I had him dismissed and went to trial with one that was willing to put in an effort.
If we lost the trial with the judge, we would have appealed to a jury trial. We had the trial, and 13 days later I got a letter from the court saying the judge had found me not guilty.
So, I have lost my license, in essence, for almost 5 years total for a .14 BAC from almost 10 years ago.
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