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Old 06-16-2011, 02:24 PM
  #181
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Originally Posted by Fountain4402 View Post
If you dont say anything you dont need a lawyer. Go to court police have no proof, you plead the fifth. I wasnt advising not retaining a lawyer in all cases, just the ones where the police have nothing and you have said nothing.
Once again, you are horribly incorrect. Please stop.
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Old 06-16-2011, 07:02 PM
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Damn this thread blew up. I leave to the lake for a few days and come back to an internet fight. LoL.
Give us all the details, cove and the real story, where were you, what was really going on, I was at the drip last weekend and no issues with BUI...
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Old 06-16-2011, 09:14 PM
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If you dont say anything you dont need a lawyer. Go to court police have no proof, you plead the fifth. I wasnt advising not retaining a lawyer in all cases, just the ones where the police have nothing and you have said nothing.
So you get pulled over for a suspected bui. You've had a couple pops and been in the sun all day. You know your not drunk, but don't wanna risk it. They ask you to submit a breathalyzer, you refuse and say nothing after that and get arrested.

When you go to court all you've gotta say is " I wasn't drunk, I was just exercising my 5 th" and that's it.... no lawyer required?

CASE DISMISSED!
your sadly mistaken, you'd be run all over because it'd be so easy for the courts to take advantage of your lack of knowledge.you'd be a cute little seal in a pool or nasty hungry sharks.
Lawyers are there because they know what the average Joe does not.

I retain a lawyer for everything even speeding tickets. Just for the fact that they are aware of what I don't. And yes fount4402. Its ok to not know everything.
while i agree that its always best to keep your mouth shut. That's not gonna get shht dismissed in court, it will just make it easier for your lawyer!

Unfortunately its usually guilty until proven innocent. Not the other way around.
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Old 06-16-2011, 10:43 PM
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Originally Posted by Fountain4402 View Post
If you dont say anything you dont need a lawyer. Go to court police have no proof, you plead the fifth. I wasnt advising not retaining a lawyer in all cases, just the ones where the police have nothing and you have said nothing.
If you get busted for DUI/BUI ect.. either take your lumps or get a lawyer and reduce your lumps. A REAL good lawyer may have insights on what training and experience the officers have that make them credible. Simply not making statements does not negate the articulable facts observed by the officer combined with his training and experience for a probable cause arrest. Additionally, not submitting to a test is one more articulable fact to add to an affidavit for a warrant for your blood.

Yes you may be in the Federal system, but you're no 1811. Just keep the lines at the airport streaming through and be careful with the pat downs on the elderly.

Getting back to the original post, SMARTY is correct, based on the scenario given, it will not stand up in court. The real issue is, who is the one who is going to dish out the $$$$ to fight it, then sue, and once the PD and County lose a civil case, you won't have officers being such pricks. That process will take several years, so unfortunately there are always pricks in EVERY profession.
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Old 06-16-2011, 10:57 PM
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Originally Posted by oksunny View Post
Give us all the details, cove and the real story, where were you, what was really going on, I was at the drip last weekend and no issues with BUI...
Ok first off no need to come across as a dick. You got the real story in the first post. GRDA came aboard for a safety inspection (I've had a bunch of these) "Doc" walked him through and he checked to two tied up boats while he was at it. From there he began giving Doc **** about the beer in his hand as he was the self stated "el capitano" and "in charge of the vessel". We weren't in the Drip as they all had family. As for the cove, idk the exact name as Grand isn't my home lake. Sorry to burst your bubble. We were in an arm by ourselves Not real far from woodland shores i think he said. Forgive me for not being a walking grand map. We had no music, unless you count children laughing as music or a disturbance.

On a good note, "Doc" said today his lawyer is pretty sure the DA is gonna drop the BUI charge. I didn't ask him if they were pleading it down to something else or not. I kind of assumed so.
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Old 06-16-2011, 11:03 PM
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STILL waiting on some more details.

Spill it man, there has to be more to the story.
Nope, sorry. There just wasn't. Sometimes you catch a guy on a bad day. Or more than likely a first month rookie out to make a point. It happens.
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Old 06-17-2011, 08:56 AM
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Yup, your right. Small boat, big motor. Good combo. You never got back to me before .... hows your rotted out turd treating you? I still love that your wise enough to easily navigate the legal system. Yet...so damm retarted and naive as to go buy a 20 year old boat sight unseen. They also tell you its one of the fastest on the water too?? 350 mpi and an alpha?? Or a clapped out smoky big block and beat down trs?
I fukkin pray that you someday get a dui and do not furnish a lawyer.
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Old 06-17-2011, 11:47 AM
  #188
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You dont listen or pay attention must be little mans syndrome in a little boat. Either way I didnt say a lawyer wasnt needed in every case I said cases where they dont have anything on you. Ie somebody calls because they think they saw you steal something, or a case where police just have a hunch,

In your case the police could have probable cause because they were watching you. And second you denied a breath test, which at that point is an automatic arrest. At which time they would probably get a warrant for your blood most likely. Which would show wether you were drunk or not. In this case I would reccommend a lawyer. But if you only had two and had been sitting out all day I would have just taken the test and been on my way. So I didnt say every case, only cases where they didnt have anything on you.
Sometimes the defendants are still charged with BUI/DUI even when the BAC (blood alcohol concentration) is below the legal limit; this happens sometimes not often, and I am not referring to the defendant in DUI that is under the influence of drugs.

In this example would you still be an advocate of self-representation? Or would you lawyer-up? There is not a right or wrong answer, just a preference, and a different end result for the defendant sometimes when the defendant(s) go it alone.
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Old 06-17-2011, 12:16 PM
  #189
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Yup a 29 fountain with 350's, good job mindless monkey actually has six cylinders in it and goes 25mph. A little 22ft scarab, joke man hope you take it out of you backyard pond some day, cheap ass chit. When you wanna be a big boy buy a real boat, but I know how it is you make just enough to get buy, and this is what you can do to get out on the water, thats fine. Enough with you its like talking to a hyped up 7th grader. In meantime go back into the whole you belong.
Obviously you know these statements will follow you on this website for a long time, especially if you ever need some help.
ed
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Old 06-17-2011, 12:19 PM
  #190
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Originally Posted by Fountain4402 View Post
You dont listen or pay attention must be little mans syndrome in a little boat. Either way I didnt say a lawyer wasnt needed in every case I said cases where they dont have anything on you. Ie somebody calls because they think they saw you steal something, or a case where police just have a hunch,

In your case the police could have probable cause because they were watching you. And second you denied a breath test, which at that point is an automatic arrest. At which time they would probably get a warrant for your blood most likely. Which would show wether you were drunk or not. In this case I would reccommend a lawyer. But if you only had two and had been sitting out all day I would have just taken the test and been on my way. So I didnt say every case, only cases where they didnt have anything on you.
Funny you mention the volunteering to blow the PBT, I have done this MANY times and was always legal. 10 plus years ago the bay county sheriff got breathalyzers for there water patrol and they were determined to make every boater they came across submit , it was blatant harassment BUT it saved lot of wasted time to just do it as you were guaranteed to get pulled over if they didn't have another boat tied to them as you passed and they wanted everyone to play there stupid game anyways. They went so far as to sit outside of hooters and pull every boat over as it left the dock for a "safety" inspection. I was part of a group that came together in a harassment lawsuit, it never got to court before the Sheriff declared there would be no more boater harassment in his town if you weren't doing anything wrong, Smitty
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