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Fountain4402 06-15-2011 09:56 AM


Originally Posted by scarab63 (Post 3429170)
Listen boy... I don't know a whole lot about law's ... hence me not being a lawyer ... just like you! You act like you know what your talking about ALL THE TIME!!! but it just lets your ignorance bleed through! I can fully admit what I do not know and where my weakness are. But I'm glad you can't, its quite entertaining. Now teach me and everyone else here a lesson.

exactly know your role guy, go fill a glass up with ice and pour yourself some shut the hell up juice. Be a good boy and wait to be spoken too.

Its better to have an opinion even if its wrong than no opinion and be a mindless bafoon like yourself.

scarab63 06-15-2011 10:12 AM

Yes sir. Your 100% correct. As usual

scarab63 06-15-2011 10:17 AM

Ps hope that rotted out turd you bought is serving you well. My opinion on that one... look at a 20+ year old boat in person before you buy it! !! Am I correct on that opinion?

REDS32 06-15-2011 12:36 PM

If your trying to get some where in life a good lawyer or two or three are needed in so many situations. Buying houses,starting a business ,bui DUI,the list goes on and on. Lawyers when you need one can make the difference when **** hits the fan. It's a fukk or be fukked world we live in. The guy without the lawyer is usually the one bent over crying like a whore!

Smarty 06-15-2011 04:44 PM


Originally Posted by TCBoss302 (Post 3429601)
3 years for a DUI?

No, sorry I should been more descriptive. The client/defendant was on Probation for drug offenses and caught a new distribution charge while on Probation. He was sentenced to three years, and three years really minimized the damage.

In New Jersey a third conviction for BUI or DUI the convicted person will serve 180 days in the county jail. It does get serious. But I am very good at what I do, so there are a few "technicalities" I can use if the facts fit on the prior DUI conviction which could keep the defendant out of jail even if found guilty on the new thrid offense charge.

I am being a smart ass with the use of the word technicalities, it is knowing the correct application of the law (case law) for the situation.

VtSteve 06-15-2011 05:28 PM

I've always thought the best advice was this. If you get into a situation where you've had too much to drink, park it and call a cab. If on the water, well you just shouldn't have done it in the first place. Anchor or keep it docked.
Chit happens, but you should learn from it.


Have any of the lawyers looked through this law to see if it fits the thread title?

PhantomChaos 06-15-2011 06:56 PM


Originally Posted by Fountain4402 (Post 3429692)
Nope higher than that. I know what your getting at. And I think the divide is your a lawyer, I'm in the enforcement arena. Laywers jobs are to pick apart the law to find small mistakes that the justice system made or to confuse a jury on what the law or case really is. Enforcements job is to enforce the law how they sometimes interpret the law, sometimes they do bad and sometimes do good. Theres just a lot of big talk in here and everything I've see is you dont get away with it, and the ones that do SPEND big money.

A peice of advice for you all out there your best defense is silence. Most of the time COPS do not have evidence on you they talk you into telling the whole story. You dont know how many times in court Ive seen defendants come in and the COPS didnt have anything on them, and the defendents talking themselves into a conviction. Personally on a lot of things dont waste your time on a lawyer, if and when you get arrested dont say anything, but dont be a pain in the ace either. Get to court plead the fifth, the burden of proof on the prosecution.


Originally Posted by Fountain4402 (Post 3429694)
exactly know your role guy, go fill a glass up with ice and pour yourself some shut the hell up juice. Be a good boy and wait to be spoken too.

Its better to have an opinion even if its wrong than no opinion and be a mindless bafoon like yourself.

You sure are a cocky know-it-all for someone your age. I need to roll my pants up your BS is so DEEP. Where do you get this crap "Its better to have an opinion even if its wrong than no opinion". LOL

At times it's better to take a step back instead of stepping it up a notch each time. That is something you will learn with maturity. :evilb::drink: Be safe and enjoy your summer!

X-Rated30 06-16-2011 12:50 AM


Originally Posted by Fountain4402 (Post 3429692)
A peice of advice for you all out there your best defense is silence. Most of the time COPS do not have evidence on you they talk you into telling the whole story.

Just when I was about to compliment you on more good advice, you do this:


Originally Posted by Fountain4402 (Post 3429692)
Personally on a lot of things dont waste your time on a lawyer...

Whatever. He who has himself as a lawyer has a fool for a client.

Also, I wasn't being dismissive or derogatory towards MP's. Just like any other occupation, there are good and bad. So what is your job? (PS - if you give the "top secret, national security" answer, these dudes are never gonna let you live it down.

X-Rated30 06-16-2011 12:53 AM


Originally Posted by Fountain4402 (Post 3429694)
Its better to have an opinion even if its wrong than no opinion and be a mindless bafoon like yourself.

Whatever happened to "Better to remain silent and look like a fool than open your mouth and remove all doubt"?:drink:

X-Rated30 06-16-2011 12:56 AM


Originally Posted by Fountain4402 (Post 3429694)
exactly know your role guy, go fill a glass up with ice and pour yourself some shut the hell up juice.

And while you are at it, bring me a 55 gallon drum of this stuff! To hell with roofying chics, I am going around the bar with it on tap for them and making the world a better place!!!!:lolhit:

Tigeman 06-16-2011 02:22 AM

Damn this thread blew up. I leave to the lake for a few days and come back to an internet fight. LoL.

scarab63 06-16-2011 06:08 AM


Originally Posted by Tigeman (Post 3430403)
Damn this thread blew up. I leave to the lake for a few days and come back to an internet fight. LoL.

Ya it did!!! I must apologize for derailment of the topic. I got distracted by stupidity

scarab63 06-16-2011 06:27 AM


Originally Posted by X-Rated30 (Post 3430391)
And while you are at it, bring me a 55 gallon drum of this stuff! To hell with roofying chics, I am going around the bar with it on tap for them and making the world a better place!!!!:lolhit:

National statistics show that it works every time, 76% of the time!

It also works when your having trouble swaying the d.a.

Just bring him out for a round of golf and give him a glass.....

Quinlan 06-16-2011 06:34 AM


Originally Posted by Tigeman (Post 3430403)
Damn this thread blew up. I leave to the lake for a few days and come back to an internet fight. LoL.

STILL waiting on some more details.

Spill it man, there has to be more to the story.

Fountain4402 06-16-2011 07:09 AM


Originally Posted by X-Rated30 (Post 3430389)
Just when I was about to compliment you on more good advice, you do this:



Whatever. He who has himself as a lawyer has a fool for a client.

Also, I wasn't being dismissive or derogatory towards MP's. Just like any other occupation, there are good and bad. So what is your job? (PS - if you give the "top secret, national security" answer, these dudes are never gonna let you live it down.

So you would advocate for a perp to speak to the police instead of remain silent.

But yes federal enforcement and not secret spy chit either. I dont need to give every detail of the job.

scarab63 06-16-2011 07:34 AM


Originally Posted by Fountain4402 (Post 3430492)
So you would advocate for a perp to speak to the police instead of remain silent.

But yes federal enforcement and not secret spy chit either. I dont need to give every detail of the job.

Ha. I bet your a real hard on regardless of exactly what you do. Do me a favor : Go bust into a tent of soldiers drinking a couple beers, tell them to blow your checking for sobriety and anyone over . 08 will be getting reported. I bet they'll ask you to blow too, but not into a breathalyzer! Retard

scarab63 06-16-2011 07:37 AM

Federal hall monitor? ??

X-Rated30 06-16-2011 07:41 AM

When a sentence ends in a colon, it is referring to what comes after the sentence. You obviously aren't an investigator. (Well, at least not much of one.)

X-Rated30 06-16-2011 07:42 AM


Originally Posted by Fountain4402 (Post 3430492)
So you would advocate for a perp to speak to the police instead of remain silent.

When a sentence ends in a colon, it is referring to what comes AFTER the sentence. You obviously aren't an investigator. (Well, at least not much of one.)

Fountain4402 06-16-2011 08:01 AM

So you would advocate a perp to talk to the police

scarab63 06-16-2011 08:50 AM


Originally Posted by Fountain4402 (Post 3430535)
So you would advocate a perp to talk to the police

You advising to be silent may be the only valid point you've made. Too bad it got lost in a shht storm of nonsense advice you gave after that. Either way your still a boner.

X-Rated30 06-16-2011 09:04 AM


Originally Posted by Fountain4402 (Post 3430535)
So you would advocate a perp to talk to the police

Wow. You are opinionated AND dense all in one little package. Good combo.

Fountain4402 06-16-2011 09:06 AM

I was just wondering never heard of that tactic before of talking. I understand being civil as far giving out your name and basic info but past that I would advise anyone not to talk.

scarab63 06-16-2011 09:26 AM


Originally Posted by X-Rated30 (Post 3430614)
Wow. You are opinionated AND dense all in one little package. Good combo.

I dunno why but that just made me laugh so hard I had to wipe a tear from my eye!:kiss:

CrownHawg 06-16-2011 09:45 AM

Ok, I think the way F4402 is acting here proves a very valid point to this post. SOME LEOs can and will exert their "power" over anyone they can simply because they CAN! It is very evident that the arresting officer in the original post, is PROBABLY related to the poster in question......

X-Rated30 06-16-2011 10:44 AM


Originally Posted by Fountain4402 (Post 3430617)
I was just wondering never heard of that tactic before of talking. I understand being civil as far giving out your name and basic info but past that I would advise anyone not to talk.

If you go back and RE-READ, I was about to compliment you for advising people to remain silent, and then you went off saying people shouldn't waste time on a lawyer.:bong:

TexomaPowerboater 06-16-2011 12:32 PM


Originally Posted by CrownHawg (Post 3430646)
Ok, I think the way F4402 is acting here proves a very valid point to this post. SOME LEOs can and will exert their "power" over anyone they can simply because they CAN! It is very evident that the arresting officer in the original post, is PROBABLY related to the poster in question......

Police protection is an oxymoron.

Fountain4402 06-16-2011 01:13 PM


Originally Posted by X-Rated30 (Post 3430698)
If you go back and RE-READ, I was about to compliment you for advising people to remain silent, and then you went off saying people shouldn't waste time on a lawyer.:bong:

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.

X-Rated30 06-16-2011 01:24 PM


Originally Posted by Fountain4402 (Post 3430846)
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.

Fountain4402 06-16-2011 01:35 PM


Originally Posted by X-Rated30 (Post 3430858)
Once again, you are horribly incorrect. Please stop.

thats fine keep promoting your profession. Lawyers are needed just not all the time.

oksunny 06-16-2011 06:02 PM


Originally Posted by Tigeman (Post 3430403)
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...

scarab63 06-16-2011 08:14 PM


Originally Posted by Fountain4402 (Post 3430846)
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.
Retard

bert4332 06-16-2011 09:43 PM


Originally Posted by Fountain4402 (Post 3430846)
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.

Tigeman 06-16-2011 09:57 PM


Originally Posted by oksunny (Post 3431069)
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.

Tigeman 06-16-2011 10:03 PM


Originally Posted by Quinlan (Post 3430459)
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.

Fountain4402 06-17-2011 06:25 AM


Originally Posted by scarab63 (Post 3431156)
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.
Retard

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.

scarab63 06-17-2011 07:56 AM

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.

Smarty 06-17-2011 10:47 AM


Originally Posted by Fountain4402 (Post 3431357)
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.

Fountain4402 06-17-2011 10:59 AM


Originally Posted by Smarty (Post 3431539)
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.

At that point probably. But then they would probably be hitting you with reckless driving/endangerment, and not DUI

Fountain4402 06-17-2011 11:04 AM


Originally Posted by scarab63 (Post 3431404)
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.

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 ace 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 hole you belong.

And PS nobody wants an old 22ft with nothing in it, scrap it or make into a backyard flower garden.


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