Da'Shawn Hand arrested for DUI

#201
#201
bamawriter said:
You are wasting a lot of energy arguing a point that no one is disputing. Those who are saying it's a bad law (I'm not) are not saying that it isn't, in fact, the law.
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I realize that. Some are making excuses for a player by saying "bad law". Just pointing out he would be arrested in almost any state.

It is not a bad law - had a situation when I was young where a parent went into a store, left the car running with kids in car - kids accidentally hit gear shift and car starts moving hitting other cars and almost a group of us walking back to our car.

Drunk passed out in a car in the drivers seat with car running could easily do the same thing. It is a situation where the operator of the vehicle is impaired and does not have control of the car.

He needs to be educated about the law - will keep him out of trouble the next time.
 
#202
#202
volfan102455 said:
If that was dumb then the argument to not arrest someone sitting in a non moving vehicle that is parked engine running with light on is dumb.

All of you who believe this BS that is now coming out are the ones that are dumb. Excuses.

If he had hit and killed someone you would be tooting a different tune right now.

He should have called someone from the bar or had someone from the bar call someone for him. That was the right thing to do. When he walked out the door and got into the car and started the engine he make a mistake.
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What you said was pretty dumb man, in that case the officer would have actually wintnessed the driver driving. What these guys are arguing is that walking out to the car drunk and then sleeping it off is better than driving so the person shouldnt be punished for good behavior. So as is common with internet communication, you have folks arguing twp extreme.
The middle road is that the laws intent is good and IN GENERAL, officers are not arresting people that are trying to do the right thing. When an arrest is made in a case like this, there is usually some other circumstance surrounding the arrest. We usually dont hear those circumstances, and as is easiest to do, make the cop out to be the bad guy.

Ill find out if that cop was a vols or noles fan.
 
#203
#203
Vol8188 said:
There's literally no slippery slope. A redlifgt would be on the road. No one is arguing you should be able to sleep at redlights even when sober. Nor would changing dui law change that
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You must just like to argue. I know what the law states, so maybe you should read it first. You make it sound so easy.

I am not going to argue about it. I have been defending DUI's for 12 years.
 
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#205
#205
Vol8188 said:
People in this country are getting DUIs without even testing positive for drugs or alcohol. Let's not pretend DUI laws are only being applied to those who are deserving
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a couple ways this can happen pretty easy.

either the drug/alcohol metabolizes before the test, or it hasn't hit yet. I know of two cases where people got their DUIs lowered to other charges because it took 6+ hours to get the test.

refuse breathalyzer, demand blood test and lawyer. you just bought yourself a couple hours.
 
#206
#206
LouderVol said:
a couple ways this can happen pretty easy.

either the drug/alcohol metabolizes before the test, or it hasn't hit yet. I know of two cases where people got their DUIs lowered to other charges because it took 6+ hours to get the test.

refuse breathalyzer, demand blood test and lawyer. you just bought yourself a couple hours.
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If you want to refuse a breathalyzer, then you want to refuse a blood test too. Nowadays, most of the time, the police are getting search warrants for a blood draw after a refusal. It takes a little time, but technology allows them to do it pretty quickly. For most of the ones I see, the hour to get the search warrant doesn't help much. When you are twice or three times over the legal limit, it takes several hours to wear off. You want to make the police work for the evidence. When they first started getting search warrants a few years ago, the early ones had legal issues because the officers were learning how to do them.
 
#207
#207
LouderVol said:
a couple ways this can happen pretty easy.

either the drug/alcohol metabolizes before the test, or it hasn't hit yet. I know of two cases where people got their DUIs lowered to other charges because it took 6+ hours to get the test.

refuse breathalyzer, demand blood test and lawyer. you just bought yourself a couple hours.
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Refusing a breathalyzer is awful advice.
 
#208
#208
VolGee4 said:
If you want to refuse a breathalyzer, then you want to refuse a blood test too. Nowadays, most of the time, the police are getting search warrants for a blood draw after a refusal. It takes a little time, but technology allows them to do it pretty quickly. For most of the ones I see, the hour to get the search warrant doesn't help much. When you are twice or three times over the legal limit, it takes several hours to wear off. You want to make the police work for the evidence. When they first started getting search warrants a few years ago, the early ones had legal issues because the officers were learning how to do them.
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Most officers only get search warrants for the DRE type stuff. Not many officers get a warrant for blood for an alcohol related DUI, only drugs.
 
#209
#209
volfannbama said:
Refusing a breathalyzer is awful advice.
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Coming from an officer. It's not if you have been drinking. You refuse everything if you have had too much.

On the search warrants, it's not always the case on drugs. I am sure it can be different between jurisdictions. I have handled quite a few cases with search warrants with alcohol only, especially if the defendant has a prior.
 
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#210
#210
VolGee4 said:
Coming from an officer. It's not if you have been drinking. You refuse everything if you have had too much.

On the search warrants, it's not always the case on drugs. I am sure it can be different between jurisdictions. I have handled quite a few cases with search warrants with alcohol only, especially if the defendant has a prior.
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In Alabama, we have implied consent. So your dl is suspended regardless
 
#211
#211
volfannbama said:
In Alabama, we have implied consent. So your dl is suspended regardless
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lol implied consent. This is kind of like when cops claim implied consent for roadblocks because they were posted ahead of time.

It's equally as insane as posting "I will rape anyone who is at x at time y". And then claiming anyone who was there (even if they didn't see your announcement) had somehow consented by showing up.
 
#214
#214
Vol8188 said:
lol implied consent. This is kind of like when cops claim implied consent for roadblocks because they were posted ahead of time.

It's equally as insane as posting "I will rape anyone who is at x at time y". And then claiming anyone who was there (even if they didn't see your announcement) had somehow consented by showing up.
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Yeah, thats it. You have it all figured out. Not worth the conversation of someone who thinks they know it all and is obviously clueless about state laws. Good luck out there bud.
 
#217
#217
VolGee4 said:
Same as in TN. But people can deal with a suspended license for a year. Otherwise, they could be dealing with jail time. It's a no-brainer.
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They will be in jail for a short time regardless. You know as well as i that thr decision to arrest is made well before the dragear.
 
#219
#219
I see some are still trying to argue his innocence or at least giving advice on how to beat a DUI.

Best advice is don't drink and be near the driver's seat of a car.
 
#222
#222
Vol8188 said:
Go ahead man. What am I wrong about?
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Nothing man. You have a cop and a lawyer telling you about implied consent, yet according to you its just some police jargon. So i look foward to learning from your legal expertise on what is best to do when someone is suspected of DUI.
 
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#223
#223
volfannbama said:
Nothing man. You have a cop and a lawyer telling you about implied consent, yet according to you its just some police jargon. So i look foward to learning from your legal expertise on what is best to do when someone is suspected of DUI.
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I still haven't figured out how rape is involved.
 
#225
#225
volfannbama said:
Nothing man. You have a cop and a lawyer telling you about implied consent, yet according to you its just some police jargon. So i look foward to learning from your legal expertise on what is best to do when someone is suspected of DUI.
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When have I claimed implied consent didn't exist? I just think it's bull****. Like when they claim you consent to checkpoints because they're posted ahead of time.
 
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