#31
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#32
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You have to be firm, and not coerced into admitting anything. As you said these are the worst of the worst of the LE, and often times they're criminals.
There was a nice write up by others on how to best proceed in cases like that. I'll try to locate that essay, and maybe put a sticky on it. |
#33
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Last edited by asiansam; May 22nd, 2016 at 10:50 AM. |
#34
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Know Your Rights
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You have the right to film law enforcement in California. Exercise those rights. Take this free ACLU phone app with you and film the cops for accountability. Record encounters with LE and a copy will be sent automatically to the ACLU, even if the cops take or destroy your phone. Report to the ACLU with a description of the incident. Know Your Rights so you know what to do during a LE encounter. https://www.mobilejusticeca.org video -----> https://www.mobilejusticeca.org/how-it-works/ https://www.mobilejusticeca.org/wp-c...EVIEW-LINK.pdf |
#35
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True story I got pulled over for DUI this weekend....knowledge is key as I was detained and let go but I wasn't shit faced drunk either. They had body cameras on and I started my defense immediately. Oh and they lied like crazy and I called them out on it.
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#36
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Please fill your brothers in on how it went down and how you dealt with it.
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#37
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I refused to do the field sobriety test and field breathalyzer test. They asked me to get out of the car and they said we are going to give you these tests and I said "uh no you aren't". It was a bit awkward to tell them that but I tried to be polite and I cited my constitutional rights. I knew i wasnt drunk so I decided I would stall them as long as I could until they arrested me and hauled me back to the station and then I thought it might make the difference and I for sure be further under .08 but I really wasnt up to speed on how to defend a DUI stop but all I remembered from my internet readings was that the breathalyzer was not accurate and you should not do it no matter what.
I had no idea how to estimate my actual blood alcohol level at the time but later looking at the chart I think I was only .03-.05ish but i was in the sun and had nothing but 5 beers and no water in the last 5-6 hours and I was tired and i was not interested in getting my alcohol level tested. So after my refusal they started in with the implied consent laws and then I said well fuck it and I told them I would consent to have my blood drawn but i was really just trying avoid the breathalyzer. I didnt realize at the time that there was a difference between a breath field test and the test at the station. The field test result is not even admissable in court but they use it to establish probable cause to arrest you(i found this out today) So they spent 15-20 minutes trying to convince me to blow into their stupid field device and I mostly tried to keep quiet and only spoke up when it was to my point. At one point I told them point blank I didnt believe one word they were saying to me cause it was obvious that they were just trying trick me and I actually had somewhat of an upper hand cause their arguments to do the breathalyzer were really stupid and I stuck with wanting the blood test cause it was weird that they didnt seem to want to do it and I picked up on that. They actually explained the reasons it wasnt practical to do the blood and that it was their decision which test to give me. I realize now that the blood test was not an option yet because they first needed probable cause to arrest me and the only way they were going to get it is if I blew in the field device. So basically I stood my ground and fought them to a stalemate and then the older cop asked me about my job and said well what exactly do you do and it was a softball question that I immediately rattled off a really technical answer and at that point they gave up cause I wasn't slurring my speech and all this was being recorded on a body camera. This was in AZ and it is definitely an abbreviated version. |
#38
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#39
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It's just a personal safety precaution I take to avoid LE. Like any good monger, I always keep a nice steady supply of independent providers/AMPs to fallback on in case of an emergency.
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#40
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They usually don't back down
The Newport Beach pee dee, and the OCDA will go to trial, even for a shitty misdemeanor. They have plenty of time and resources. It's hard to win if accused. They key is, will the DA file the case?
Tell your ATF to consult with attorney's, but don't pay yet, until she is certain the case won't get dropped. Or if she gets a letter from the DA saying they are charging her, she must hire an attorney right away. A few years ago, I was arrested for some total bullshit felonies, and I was concerned and hired an attorney. Spent 13K. Then, when I went to court, my case wasn't on the docket. The DA didn't have enough evidence. So I basically wasted 13G, when I could have waited if there would be a preliminary hearing. But I got lucky the cops arrested me for charges they didn't know much about. And they fucking over charged me. |
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