The Wiz Posted August 10, 2020 Posted August 10, 2020 (edited) 2 hours ago, Sharky7337 said: Ya a lot of fire there a lot of real evidence to support this. More like smoke. You don't get arrested if you do not commit crimes. That is what you all seem to forget. Again give me a fact this is anecdotal garbage. 2 hours ago, Sharky7337 said: I'm not. Statistics are on the cops side of why they did it. And I understand that. Majority of the time, they are probably right. I also was detained on my 27th birthday for not leaving the front of a bar while waiting for my friends. I had not caused any problems or started any fights. They were trying to clear the bar out on Monroe Ave. Cop told me to move. I explained it was my bday and I was waiting for my friends to come out so I could have a ride. He tole me again. I said what are you gonna do arrest me? Well he did. I sat in the car for 2 hours. Guess what I'm white. It happens to everyone. If I wasn't a smart ass prob wouldn't have happened. So you kind of contradicted yourself here. You got arrested for not committing a crime other than explain to the officer what your intentions were (even though you did give him some lip about it). People do get arrested and sometimes go to jail for crimes that they did not commit. Thought it might not happen that often, it does happen. Edited August 10, 2020 by The Wiz
machine gun kelly Posted August 10, 2020 Posted August 10, 2020 No you may not Johnny. Wait let me get the hot light and you will answer my questions! Now what is wrong with the Bills QB situation. I don’t know Uncle Brian. Can’t I just watch the Cowboys embarrass themselves on tv again. Oh wait it’s the Lions, can I just watch the Lions embarrass themselves again. Uncle Brian, you have me all messed up. I don’t know and I wasn’t on the grassy knowle. ?
HardyBoy Posted August 10, 2020 Posted August 10, 2020 22 minutes ago, JoshAllenHasBigHands said: I dont do DUI law, but I would bet its one of those things that violates the letter of the law, but not the spirit of the law. In other words, having a bunch of empties in the car may technically be illegal, but no cop or prosecutor would pursue fines/charges because its clear the person did not have an open container for consumption. Im a lawyer, and I would never give someone this advice. At least not as a generic approach to police encounters. Ok, if you are coming home from a concert and the police officer asks you where are you coming from and you say a concert, you've just given them probable cause. Obviously I'm not talking about any situation, but if you are the subject of an investigation, talking to police without a lawyer present is a really bad idea. If you were representing a client in court, would you prefer they said absolutely nothing or said things that potentially implicated themselves unintentionally while trying to be respectful?
JoshAllenHasBigHands Posted August 10, 2020 Posted August 10, 2020 5 minutes ago, HardyBoy said: Ok, if you are coming home from a concert and the police officer asks you where are you coming from and you say a concert, you've just given them probable cause. Obviously I'm not talking about any situation, but if you are the subject of an investigation, talking to police without a lawyer present is a really bad idea. If you were representing a client in court, would you prefer they said absolutely nothing or said things that potentially implicated themselves unintentionally while trying to be respectful? I would prefer they not get to court in the first place. Are there situations they should not speak, of course. However, from a practical standpoint, the response you advocate immediate encourages further investigation. Granted, its not reasonable suspicion/probable cause. But you better believe that cop is gonna wonder what he is missing. I know, the opposite of “innocent until proven guilty.” But good lawyers give advice for the legal world and the real world. You treat every police encounter as a confrontation, you are gonna get a confrontation.
Bangarang Posted August 10, 2020 Posted August 10, 2020 13 minutes ago, HardyBoy said: Ok, if you are coming home from a concert and the police officer asks you where are you coming from and you say a concert, you've just given them probable cause. Obviously I'm not talking about any situation, but if you are the subject of an investigation, talking to police without a lawyer present is a really bad idea. If you were representing a client in court, would you prefer they said absolutely nothing or said things that potentially implicated themselves unintentionally while trying to be respectful? How is telling the police you’re coming from a concert giving them probable cause? Probably cause to do what?
Augie Posted August 10, 2020 Posted August 10, 2020 (edited) 5 hours ago, DrDawkinstein said: What special treatment does your gut tell you he received? Being arrested for blowing a 0.0 is special treatment? Yes. But NOT in a good way. Okay, I read a few pages, but things got all about the BS treatment he received. IS HE IN THE PROGRAM??? Edited August 10, 2020 by Augie
Bangarang Posted August 10, 2020 Posted August 10, 2020 (edited) 1 hour ago, JoshAllenHasBigHands said: I dont do DUI law, but I would bet its one of those things that violates the letter of the law, but not the spirit of the law. In other words, having a bunch of empties in the car may technically be illegal, but no cop or prosecutor would pursue fines/charges because its clear the person did not have an open container for consumption. Perhaps I should clarify, merely having empty containers scattered throughout the car isn’t something I’m going to care too much about unless I’m conducting a DWI investigation. I will say something about it though. In fact, I’ve only ever written the open container violation once when it wasn’t a DWI stop. In that case, the guy had just cracked open a cold beer and was trying to hide it between the door and his leg. Edited August 10, 2020 by Bangarang
YoloinOhio Posted August 10, 2020 Author Posted August 10, 2020 (edited) 14 minutes ago, Augie said: Yes. But NOT in a good way. Okay, I read a few pages, but things got all about the BS treatment he received. IS HE IN THE PROGRAM??? I still don’t know. Sounds like it but didn’t see confirmation Edited August 10, 2020 by YoloinOhio 1
GoBills808 Posted August 10, 2020 Posted August 10, 2020 1 hour ago, JoshAllenHasBigHands said: I dont do DUI law, but I would bet its one of those things that violates the letter of the law, but not the spirit of the law. In other words, having a bunch of empties in the car may technically be illegal It's not tho
Bangarang Posted August 10, 2020 Posted August 10, 2020 3 minutes ago, GoBills808 said: It's not tho Fine, the cops and the lawyers here are wrong. You obviously know better since you did a quick Google search.
GoBills808 Posted August 10, 2020 Posted August 10, 2020 1 minute ago, Bangarang said: Fine, the cops and the lawyers here are wrong. You obviously know better since you did a quick Google search. You'll have to speak to my attorney 2
Dr. K Posted August 10, 2020 Posted August 10, 2020 The only time I've ever been in court was when friend got pulled over for reckless driving. I was in the car with my date, he with his. We were all sober and he was absolutely not reckless driving. My friend contested the ticket and in court the arresting officer lied through his teeth about what had happened. I was only 20 or so, and it was an eye opener about how the police can lie and the judge and the legal system will automatically take the cop's story, without evidence, as true. 2
Johnny Hammersticks Posted August 10, 2020 Posted August 10, 2020 3 minutes ago, GoBills808 said: It's not tho I think there would have to be evidence that you were intoxicated/impaired for the open container law to kick in. Sober enough to blow double zeros on the breathalyzer...I doubt they’d get you on a beer can. Let alone a beer can containing dip spit.
YoloinOhio Posted August 10, 2020 Author Posted August 10, 2020 1 minute ago, Johnny Hammersticks said: I think there would have to be evidence that you were intoxicated/impaired for the open container law to kick in. Sober enough to blow double zeros on the breathalyzer...I doubt they’d get you on a beer can. Let alone a beer can containing dip spit. Maybe he just didn’t want to litter and was taking the can home to throw it away. Is it really open container if it is empty? 1
GoBills808 Posted August 10, 2020 Posted August 10, 2020 1 minute ago, Johnny Hammersticks said: I think there would have to be evidence that you were intoxicated/impaired for the open container law to kick in. Sober enough to blow double zeros on the breathalyzer...I doubt they’d get you on a beer can. Let alone a beer can containing dip spit. Just now, YoloinOhio said: Maybe he just didn’t want to litter and was taking the can home to throw it away. Is it really open container if it is empty? I got pulled over the other day for doing my civic duty collecting beer cans on the side of the highway and putting them in my cupholder so Ed and I are pursuing a class action suit as we speak 1
Bangarang Posted August 10, 2020 Posted August 10, 2020 14 minutes ago, Johnny Hammersticks said: I think there would have to be evidence that you were intoxicated/impaired for the open container law to kick in. That’s not how it works
Johnny Hammersticks Posted August 10, 2020 Posted August 10, 2020 1 minute ago, Bangarang said: That’s not how it works Please tell us how it works then, officer gang bangarang. 1
Bangarang Posted August 10, 2020 Posted August 10, 2020 (edited) 4 minutes ago, Johnny Hammersticks said: Please tell us how it works then, officer gang bangarang. Sure, you can’t consume alcohol or possess an open container while operating a vehicle. Doesn’t matter if you’re drunk or sober while doing it. Edited August 10, 2020 by Bangarang 1
Sharky7337 Posted August 10, 2020 Posted August 10, 2020 (edited) 1 hour ago, The Wiz said: So you kind of contradicted yourself here. You got arrested for not committing a crime other than explain to the officer what your intentions were (even though you did give him some lip about it). People do get arrested and sometimes go to jail for crimes that they did not commit. Thought it might not happen that often, it does happen. I did the same dumb crap that most people in any video do, and that is not complying with a order from the cop. He told me I was being detained for "failure to disperse" and I have not looked if that is an actual law or he was full of crap. But the main problem lies in the culture being taught to today's youth that you can do whatever you want with no reprocessing and that is just not accurate. Now there are bad cops and people that abuse that power no doubt. Edited August 10, 2020 by Sharky7337
Sherlock Holmes Posted August 10, 2020 Posted August 10, 2020 2 hours ago, Bangarang said: I guess all anyone would have to do is chug the beer before the cop gets to their window and they’re in the clear ? NY VTL 1227(1) - Consumption of alcoholic beverages/possession of open container I'd be golden...nobody can out chug me, I've literally never lost.
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