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ShysterJon · 12-20-2011, 06:20 PM

Quote:

Originally Posted by oLiViA88

I have hired me a lawyer and the only reason I was pulled over because this cop that doesnt like me spotted me leaving store and pulled me over.. Unfortuantly I had been drinking but I am just praying for the best he said he will try to drop it down to reckless driving or deadly conduct which both are a class b misdemeanor.. He said it is unlikely to get a PI but I already have 1 of those so it wouldnt make a difference.. Thanks to all who gave advice I appreciate It....

Deadly conduct is a Class A misdemeanor in Texas, not a Class B misdemeanor:

Texas Penal Code § 22.05

I assume your attorney is trying to get the charge re-filed as reckless driving so you can get deferred adjudication community supervision, which a defendant cannot be assigned to if she pleads to a DWI charge, although both reckless driving and DWI are Class B misdemeanors.

lover_361 · 12-20-2011, 09:36 PM

What kind of lawyer did you hire that is talking about deadly conduct? Have you read what deadly conduct means?.....you definately do not want that on your record.

punisher · 12-20-2011, 10:43 PM

Quote:

Originally Posted by oLiViA88

I have hired me a lawyer and the only reason I was pulled over because this cop that doesnt like me spotted me leaving store and pulled me over.. Unfortuantly I had been drinking but I am just praying for the best he said he will try to drop it down to reckless driving or deadly conduct which both are a class b misdemeanor.. He said it is unlikely to get a PI but I already have 1 of those so it wouldnt make a difference.. Thanks to all who gave advice I appreciate It....

What pc (probable cause) did this cop have or seen after you left the store that made him/her pull you over? For example: failure to use turn signal/come to a complete stop, tail light/headlight out, expired registration/inspection sticker, erratic driving, etc...there has to be some kind of pc that this cop saw. Just saying.

Woodduck82 · 12-21-2011, 06:32 AM

And also Miss Olivia, you said you have never been in trouble before previously. Yet, now you have had a PI. That will add to your troubles.

cckid2006 · 12-21-2011, 07:49 PM

Quote:

Originally Posted by ShysterJon

LE agencies in Texas are getting warrants to obtain compelled blood samples -- that is, if the driver refuses to give breath or blood, the officer obtains a warrant and a trained professional takes a blood sample from the driver. All of this applies to a DWI first-offense case.

Did the Supremes overturn the 4th and 5th amendments?

ShysterJon · 12-21-2011, 07:58 PM

Quote:

Originally Posted by cckid2006

Did the Supremes overturn the 4th and 5th amendments?

No. This has been the law since:

Schmerber v. California, 384 U.S. 757 (1966).

Interestingly, the U.S. Supreme Court found earlier that compelled stomach-pumping to recover evidence "shocks the conscience" in:

Rochin v. California, 342 U.S. 165 (1952).

A very fine line, I'd say. I think both decisions were 5-4.

cckid2006 · 12-21-2011, 08:46 PM

Quote:

Originally Posted by ShysterJon

No. This has been the law since:

Schmerber v. California, 384 U.S. 757 (1966).
Interestingly, the U.S. Supreme Court found earlier that compelled stomach-pumping to recover evidence "shocks the conscience" in:

Not so surprising considering:
"we reach this judgment only on the facts of the present record. The integrity of an individual's person is a cherished value of our society. That we today hold that the Constitution does not forbid the States minor intrusions into an individual's body under stringently limited conditions in no way indicates that it permits more substantial intrusions, or intrusions under other conditions."

Clearly legislating from the bench - where is Andrew Jackson when we need him!

Guest042413 · 12-22-2011, 06:46 PM

Yeah but a pi is just a ticket thats why I dont consider it trouble and I was speeding so I thats why he pulled me over I was going 5 miles over the speed limit... When I get pulled over pi doesnt even show up and I know that because my cop friend told me and ran my name...

ElisabethWhispers · 12-22-2011, 07:02 PM

But for the grace of God, go I ...

I'm just so damn glad that I quit drinking before getting into this type of trouble. The idea that I never did get into this type of situation is almost unbelievable.

Good luck with it all!

Sincerely,
Elisabeth

ShysterJon · 12-22-2011, 07:07 PM

Oh, I didn't know you ever imbibed, Lizzy Beth.

cckid2006 · 12-22-2011, 07:19 PM

Quote:

Originally Posted by oLiViA88

Yeah but a pi is just a ticket thats why I dont consider it trouble and I was speeding so I thats why he pulled me over I was going 5 miles over the speed limit... When I get pulled over pi doesnt even show up and I know that because my cop friend told me and ran my name...

Sj can correct me if I'm wrong.

All of this is irrelevant when it comes to guilt. The PI comes into play during sentencing.

You might want to check this out:

http://www.duiarresthelp.com/states/texas/dwi-laws.php

Information on breathalyzers:

http://www2.potsdam.edu/hansondj/Dri...055505643.html

I followed this advice:
A DWI jury trial is usually almost risk-free for the accused. By this I mean that the accused is not likely to receive much more severe sanctions for trying the case (a “trial tax”) than he would for pleading guilty — he is probably going to get probation (if he wants it) if he pleads guilty to a first DWI, and he’s probably going to get probation (if he wants it) if he goes to trial and is convicted. But nobody ever got acquitted by pleading guilty. So, from the perspective of the accused, most first-time DWIs should be jury trials rather than guilty pleas.

Hope this helps

Guest042413 · 12-22-2011, 08:24 PM

I thank all for your concern but I think my case is pretty much going to get dismissed now because of some recent things have happen after this... So I am not to worried about it and trust me I will not be drinking for a while yaaay

Darth Houston · 12-22-2011, 09:52 PM

Quote:

Originally Posted by cckid2006

Did the Supremes overturn the 4th and 5th amendments?

Along with the rest of the Bill of Rights, the 4th and 5th Amendments have been pretty much wiped out. We essentially live in a police state.

Darth Houston · 12-22-2011, 10:09 PM

Quote:

Originally Posted by ShysterJon

There is no such law in Texas. In this state, if a LE officer requests a blood or breath sample and the driver refuses, the driver's license to drive is suspended for 180 days. If the driver gives breath or blood and the sample shows a blood-alcohol level of 0.08 or more, the driver's license is suspended for 90 days. Ever more frequently, LE agencies in Texas are getting warrants to obtain compelled blood samples -- that is, if the driver refuses to give breath or blood, the officer obtains a warrant and a trained professional takes a blood sample from the driver. All of this applies to a DWI first-offense case.

A Board Certified criminal defense attorney who mainly does DWI defense gave this advice at a networking group:

1. Don't do any of the roadside gymnastics. Once they tell you to get out of the car, they have already decided to arrest you. They are just trying to build up their evidence. Tell them you want to talk to a lawyer. You will probably be arrested.
2. Don't blow or give blood. Tell them you want a lawyer. It is not like they will let you go if you blow under .08. You are still going to jail. By not blowing or giving blood, you have taken away a piece of evidence for trial. Yes your license will be revoked, but it is easier to fight that than fighting the DWI charge if you blow over the limit. You can also try for a hardship/occupational license.

This was before they passed the laws about getting a warrant to draw blood. I'm not sure that they can get a warrant if you do not have any prior DWIs. Even if they can, it will take time. During that time, your BAC may go down below the limit.

This is not my area of expertise, but I hope this helps. Fuck the Police.

ElisabethWhispers · 12-22-2011, 10:32 PM

Interesting about point number one. I've been stopped and asked to do those "road side tricks". Twice. And I wasn't arrested although again, it was surprising that I wasn't (I was about to have a heart attack while doing so).

I cannot imagine being in that situation in front of a couple of police officers and saying no to the request to say the alphabet backwards or whatever else they asked me to do. Especially since I had been drinking. Maybe others have more of a presence to be stronger than I am/was.

So I'm not sure how accurate that first statement is. Of course, the situation today seems to be much more harsh then it was fifteen years or so ago.

It's still an interesting post, though. In another topic, there was a "don't talk to the police" type of philosophy there as well. In this world, if I find myself in trouble, I would certainly follow that advice to the letter.

Elisabeth