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Thread: Rams Cornerback Pleads Guilty To Reckless Driving

  1. #31
    Agrajag is offline Registered User
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    Re: Rams Cornerback Pleads Guilty To Reckless Driving

    Quote Originally Posted by OldSchoolRamFan View Post
    I'll avoid turning this into a full fledged DUI clinic, but there's more to it than that. DUI laws do vary by state, but not as great as in this past since the Supreme Court has weighed in on some of the issues involved. Anyhow, most states do not have a forced draw unless there is a felony driving charged involved (accident with serious bodily injury or death). And again, in many, if not most states, the requirement that you "must" submit to a chemical test kicks in only after the officer has probable cause to believe that an individual is impaired or under the influence. The funny part is that "must" only means that if you don't submit then your license is automatically suspended for one year. Even if a test is taken and it shows over the limit there are still lots of intricacies which make it far from a "slam dunk"......and that is where the money part makes a big difference.
    Thanks for the clarification, I had no idea.


  2. #32
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    Re: Rams Cornerback Pleads Guilty To Reckless Driving

    Quote Originally Posted by zia
    well I hope I didn't hurt any of heir feelings, that would just break my heart.
    Then you're in luck. We hear foolish statements all the time. It takes considerably more than that to hurt our feelings. On the contrary, we simply laugh it off as an ignorant utterance and go about the business of enforcing this nation's laws.

    You're welcome.
    "Before the gates of excellence the high gods have placed sweat; long is the road thereto and rough and steep at first; but when the heights are reached, then there is ease, though grievously hard in the winning." --- Hesiod

  3. #33
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    Re: Rams Cornerback Pleads Guilty To Reckless Driving

    In Texas, a cop can basically pull you over if he wants to, and chalk it up that you "crossed the white line at a stop light" or "changed lanes very suspiciously".


    Here is the proper way to handle a DUI situation in case you do make a wrong life decision (ASSUMING YOU DID DRINK AND DRIVE...WHICH I AM NOT CONDONING IN ANY CIRCUMSTANCES):

    1. Always be polite and courteous, while alert. In all likelihood, your interaction with the officer that stopped you is being video/audio recorded. It is possible that this recording will be reviewed by a prosecutor assigned to your case, a judge, jury, etc. Don't portray yourself as the bad guy in the recording.

    2. Have your license, insurance and registration papers out and ready when the officer is at your window. Many times the officer will write in his report: "The suspect had difficulty locating their required paperwork and documentation". Obviously this will illustrate you as possibly being "under the influence".

    3. The officer will try to attempt to illicit incriminating statements from you. Questions such as: "where are you coming from?" "how much have you had to drink?" "When was your last drink?". The officer is trying to: 1. Make you admit you consumed alcohol 2. Determine if you have slurred speech. What do you do then? Tell the officer: "I will not answer any questions without an attorney present" in a respectful manner.

    4. At this point, the officer will either write you a warning/ticket for your traffic infraction OR ask you to do some field sobriety tests.

    5. If the officer asks you to perform the sobriety tests...

    You are under no legal obligation whatsoever to perform any physical tests like watching a pen (HGN test), balancing on one leg, or walking a line. THERE IS NO LEGAL PENALTY FOR REFUSING THESE TESTS.

    The cop will tell you that if you do not perform the tests, he/she will be forced to arrest you. Please understand that the cop has already made the decision whether or not to arrest you before they even asked you to do the test.

    Don't REFUSE to take the tests. Instead, SAY YOU MUST SPEAK TO AN ATTORNEY BEFORE YOU DECIDE TO TAKE THE TEST.

    6. The cop will most likely put you under arrest at this point (it's normal). Remain calm, courteous and polite.

    DO NOT...I REPEAT...DO NOT
    try to bargain with the officer "to let you go...that your house is just around the corner" or "to cut you a break". The officer will just twist your words in his report and make it seem like you knew you weren't supposed to be driving.

    During the arrest process, do not answer any questions. Remain silent and state that you wish to have an attorney present. You have the 5th Amendment right to remain silent.

    7. SHOULD YOU TAKE THE BREATH TEST???
    It depends. If your county's law enforcement agencies seek search warrants to obtain a blood draw from suspects who refuse to submit a breath sample...TAKE THE BREATH TEST. Blood tests are very hard to defend in DUI cases.
    "But Rockin, if I take the breath test that will prove I AM GUILTY!"

    That is true. However, it is possible to raise certain defenses when a suspect has allegedly "blown" over the legal limit.

    There are many variables with the Intoxilyzer 5000, the tool they use to perform the breath test. Due to the science of the object, the precision and accuracy of the result it produces is not always right. I can explain further about the possible inaccuracies of the Intoxilyzer 5000 if anyone cares to know.

    8. So what now? Hopefully to this point, you have been smart about your words and your actions. Now hire the best attorney you can. You will make the attorney's life a lot easier and your defense much more strong if you followed these steps. DUI cases are extremely complex and the potential defenses are almost limitless.



    ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

    Okay, with that over...let me respond to some of the posts here.

    While I have had my fair share of run-ins with "bad apple cops", and don't always support the law enforcement and legal system, generalizing cops with something like Judge Dredd is incredibly...stupid.

    Don't let the actions of a minority group of "still stuck in the glory days of high school football popularity" cops tarnish the respectable actions of many law enforcement officers.

    That is all.


    ~ RockinRam
    sosa39rams likes this.

  4. #34
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    Re: Rams Cornerback Pleads Guilty To Reckless Driving

    Wow, from an article about Trumaine Johnson pleading guilty to reckless driving and refusing a breath test after a drunk driving arrest, to a how-to on dealing with a DUI situation.

    Funny how cops are often the objects of scorn, until you need them to answer your call for help.
    RealRam and MauiRam like this.

  5. #35
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    Re: Rams Cornerback Pleads Guilty To Reckless Driving

    Quote Originally Posted by HUbison View Post
    Then you're in luck. We hear foolish statements all the time. It takes considerably more than that to hurt our feelings. On the contrary, we simply laugh it off as an ignorant utterance and go about the business of enforcing this nation's laws.

    You're welcome.
    Interesting. to me, if you break the law, you break the law. There are DB's in all walks of life. Having worked in corporate America for 30 years, trust me, there are plenty there!! I have met some nice law enforcement officers and some not so nice......But, TRU is from Stockton Ca......not the best city to growup in. I hope he is on the right track.

  6. #36
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    Re: Rams Cornerback Pleads Guilty To Reckless Driving

    Quote Originally Posted by Macrammer View Post
    I hope he is on the right track.
    Bottom line, agreed. I too hope this youngster is being steered towards the right path.
    Last edited by RealRam; -05-21-2013 at 07:30 PM. Reason: Tyop

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    Re: Rams Cornerback Pleads Guilty To Reckless Driving

    Anyone else think this thread ran its course at least two pages back?
    sosa39rams likes this.

  8. #38
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    Re: Rams Cornerback Pleads Guilty To Reckless Driving

    Quote Originally Posted by r8rh8rmike View Post
    Wow, from an article about Trumaine Johnson pleading guilty to reckless driving and refusing a breath test after a drunk driving arrest, to a how-to on dealing with a DUI situation.
    Just informing the members of this board the proper way to handle a "Trumaine Johnson" situation.


    Funny how cops are often the objects of scorn, until you need them to answer your call for help.
    It's always like this.

  9. #39
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    Re: Rams Cornerback Pleads Guilty To Reckless Driving

    Quote Originally Posted by r8rh8rmike View Post
    Funny how cops are often the objects of scorn, until you need them to answer your call for help.
    Amen ......

  10. #40
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    Re: Rams Cornerback Pleads Guilty To Reckless Driving

    Quote Originally Posted by RockinRam View Post
    In Texas, a cop can basically pull you over if he wants to, and chalk it up that you "crossed the white line at a stop light" or "changed lanes very suspiciously".


    Here is the proper way to handle a DUI situation in case you do make a wrong life decision (ASSUMING YOU DID DRINK AND DRIVE...WHICH I AM NOT CONDONING IN ANY CIRCUMSTANCES):

    1. Always be polite and courteous, while alert. In all likelihood, your interaction with the officer that stopped you is being video/audio recorded. It is possible that this recording will be reviewed by a prosecutor assigned to your case, a judge, jury, etc. Don't portray yourself as the bad guy in the recording.

    2. Have your license, insurance and registration papers out and ready when the officer is at your window. Many times the officer will write in his report: "The suspect had difficulty locating their required paperwork and documentation". Obviously this will illustrate you as possibly being "under the influence".

    3. The officer will try to attempt to illicit incriminating statements from you. Questions such as: "where are you coming from?" "how much have you had to drink?" "When was your last drink?". The officer is trying to: 1. Make you admit you consumed alcohol 2. Determine if you have slurred speech. What do you do then? Tell the officer: "I will not answer any questions without an attorney present" in a respectful manner.

    4. At this point, the officer will either write you a warning/ticket for your traffic infraction OR ask you to do some field sobriety tests.

    5. If the officer asks you to perform the sobriety tests...

    You are under no legal obligation whatsoever to perform any physical tests like watching a pen (HGN test), balancing on one leg, or walking a line. THERE IS NO LEGAL PENALTY FOR REFUSING THESE TESTS.

    The cop will tell you that if you do not perform the tests, he/she will be forced to arrest you. Please understand that the cop has already made the decision whether or not to arrest you before they even asked you to do the test.

    Don't REFUSE to take the tests. Instead, SAY YOU MUST SPEAK TO AN ATTORNEY BEFORE YOU DECIDE TO TAKE THE TEST.

    6. The cop will most likely put you under arrest at this point (it's normal). Remain calm, courteous and polite.

    DO NOT...I REPEAT...DO NOT
    try to bargain with the officer "to let you go...that your house is just around the corner" or "to cut you a break". The officer will just twist your words in his report and make it seem like you knew you weren't supposed to be driving.

    During the arrest process, do not answer any questions. Remain silent and state that you wish to have an attorney present. You have the 5th Amendment right to remain silent.

    7. SHOULD YOU TAKE THE BREATH TEST???
    It depends. If your county's law enforcement agencies seek search warrants to obtain a blood draw from suspects who refuse to submit a breath sample...TAKE THE BREATH TEST. Blood tests are very hard to defend in DUI cases.
    "But Rockin, if I take the breath test that will prove I AM GUILTY!"

    That is true. However, it is possible to raise certain defenses when a suspect has allegedly "blown" over the legal limit.

    There are many variables with the Intoxilyzer 5000, the tool they use to perform the breath test. Due to the science of the object, the precision and accuracy of the result it produces is not always right. I can explain further about the possible inaccuracies of the Intoxilyzer 5000 if anyone cares to know.

    8. So what now? Hopefully to this point, you have been smart about your words and your actions. Now hire the best attorney you can. You will make the attorney's life a lot easier and your defense much more strong if you followed these steps. DUI cases are extremely complex and the potential defenses are almost limitless.



    ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

    Okay, with that over...let me respond to some of the posts here.

    While I have had my fair share of run-ins with "bad apple cops", and don't always support the law enforcement and legal system, generalizing cops with something like Judge Dredd is incredibly...stupid.

    Don't let the actions of a minority group of "still stuck in the glory days of high school football popularity" cops tarnish the respectable actions of many law enforcement officers.

    That is all.


    ~ RockinRam
    Starts off well, ends with a lot of how to handle a situation if in fact you've made the poor decision to drive after drinking enough to become impaired or under the influence. Also some very incorrect statements, especially if used in an express consent state and you have not in fact consumed enough to be over the legal limit. Much of this sounds like legal advice that some should heed at their own peril.
    UK Ramfan 83 likes this.
    Steve

    What you see is what you get, but what you see depends on where you stand.

  11. #41
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    Re: Rams Cornerback Pleads Guilty To Reckless Driving

    Quote Originally Posted by OldSchoolRamFan View Post
    Starts off well, ends with a lot of how to handle a situation if in fact you've made the poor decision to drive after drinking enough to become impaired or under the influence. Also some very incorrect statements, especially if used in an express consent state and you have not in fact consumed enough to be over the legal limit. Much of this sounds like legal advice that some should heed at their own peril.
    Like I stated earlier, this is for the state of Texas. And yes, this is for when you've drank enough to be past the legal limit.

    For example, this would not work in Colorado...which is an expressed consent state.
    Last edited by RockinRam; -05-22-2013 at 06:29 PM.

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