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Question for legal stuff
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Bolthen



Joined: 14 Jul 2006
Posts: 50

PostPosted: Sat Apr 21, 2007 3:52 pm    Post subject: Reply with quote

Ive already contacted a few different attorneys, and they all seem to think that they can get the charge reduced or completely thrown. After the 2nd post by me I had known that so wasn't looking for advice but was touching up what I had said on 1st post. And the whole miranda thing I was complaining about (and was complaining since I not to sure on the rights that go with it) But it was a simple matter of they started reading me my rights, You have the right to remain silent and the right to an attorney ect. at which point I told them I want my attorney they then proceeded to say I was being un co operative and put me in a cell. After bout 30 min they gave me another chance and sat me back down and started reading me my rights again, except this time when I told them I wanted my attorney is when they proceeded to give me my breathalyser.

Now I'm not sure if I can get that thrown out but atleast 1 attorney seems to think so and his reasoning is due to the fact they gave it to me after the miranda reading and after they had refused to let me contact an attorney, like I said I'm not sure on that its just based on what he said. But the big thing is they all think the real issue is the fact I was never pulled over and I was never inside a vehicle and they all want them to prove I was operating the vehicle.

And as for the OUI some time ago it was changed from DUI to OUI for purposes related to operating versus driving and some sort of techincal definitions between the 2 words~I think

But either way today my sister is getting married to my best friend and I get to play best man today so be mad at me, yell at me but everyone should wish them luck! Very Happy
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Attreus



Joined: 04 Oct 2005
Posts: 190

PostPosted: Sat Apr 21, 2007 4:23 pm    Post subject: Reply with quote

he did not give you a get out of jail free card, but if you say anything to them or give any official statement that can used against you in court then your attorny may be able to have it removed as evidence. period.
when you hear about someone who is charged and they get off becuase they werent read their rights. it is not becuase they werent read there rights so the judge says, damn, ok, you got us, go free lil axe murderer. it is because the statement the person gave, his confession or damning information, was the base of prosicutions case. the failure of the officer to read them their rights got the statements removed and there wasnt enough evidence without it for a conviction on the charges. when it is "thrown out of court" it is because prosicution says, ok, no confession, no statement. we have finger prints wich is cercumstantial. and a drunk witness..... we gonna loose, lets call this and go eat pie.

im not realy posting this as anything to do with bolthens case, he will get any real info he needs from his attorney. im just sharing a fact i know to be true. well, true in all of canada and all the states that i am familiar with. i believe the reading of miranda is a federal right witch would mean it would be the same in all the us, how they deal with the failure to read you your rights may differ from state to state, but on this im guesing and a geus when it comes to law is as usefull as a hangover fart imo.

i was waiting for compass to post, we can say anything we want without consequence because we are not attorneys. him being an attorney, a proffesional in this feild puts a certian amount of liability to anything he would say. kind of like if someone were sick and we say, eat chicken soup.. but a doctor wouldnt say shit unless he could diagnos you.
without knowing the facts, ie. personal interview with the accused, access to police report, no attorney in his right mind would throw advice out there.
if he had said anything more then he did i would have got to post that compass was a guy living in his moms basement pretending to be a lawyer becuase eq chicks dig it Very Happy
oh, he gave you the only usefull advice posted on this thread bolthon. talk to an attorney.

Im not trying to be a know it all with these long posts, i just find this topic interesting so i ramble on about it. /apology.
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TWolf



Joined: 02 Jul 2005
Posts: 252

PostPosted: Sat Apr 21, 2007 5:16 pm    Post subject: Reply with quote

Quote:
"But even tho its stupid doesnt mean I have to flop over and just accept it especially with how the law is supposed to work and plus people do stupid things all the time, should we punish everyone for every stupid thing they have done?"


Yes. That cop probably just saved someones life by arresting you. you knew you were drunk, you knew you shouldn't be driving, but you wanted to help a friend out? If you had killed someone, what kind of comfort would that be to that persons family? Sorry I killed <insert dead family member here> but I needed to drive a friend home. Be a fucking man and accept that you fucked up and have to pay the consequences and just be happy you can still sleep at night knowing you didn't destroy someones life forever.
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Raolf
Ling King


Joined: 22 Apr 2005
Posts: 130

PostPosted: Sat Apr 21, 2007 8:03 pm    Post subject: Reply with quote

another thing is they have something like up to the first 24 hours of being arrested to completely read you your rights blah blah. As you have prob found out by now your going to spend alot of money either way so get a good lawyer ive seen many people knowingly get pulled over no questions asked dui and get it reduced to a lesser non offensive charge. i just hope you arent like most people i know who have got dui ( which is a good amount ) and do it again and again reguardless of the outcome you HAVE TO LEARN FROM THIS and do whatever it takes to not repeat it people make mistakes but making it twice means you dont care.
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Teklan



Joined: 11 Mar 2007
Posts: 1511
Location: NC

PostPosted: Sat Apr 21, 2007 9:13 pm    Post subject: Reply with quote

george bush once tried to say:

"fool me once, shame on me. fool me twice, shame on you." or something like that ha
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Bolthen



Joined: 14 Jul 2006
Posts: 50

PostPosted: Mon Apr 23, 2007 4:48 pm    Post subject: Reply with quote

Heh glad that this forum is getting some attention and also glad to see its a strong topic, but either way Im not gonna continue on this subject just gona let my attorney do what he gets paid to do and yes it is a OUI attorney so I'll trust what he says

So anyways my sister got married w/o a hitch to my best friend, I gave a quite nervous toast that I had to wing since I forgot to memerise the one I had written but it seemed to be a hit (Best part was when I got everyone to cheer lol) I look damn sexy in a tux and I am a horrible dancer (never danced before but danced a crapload there)

If I come across any pics I'll post some. Till then adios

P.S WTB faster updates slackers!!
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Nerple



Joined: 22 Apr 2005
Posts: 357
Location: Massachusetts

PostPosted: Mon Apr 23, 2007 11:40 pm    Post subject: Reply with quote

Bolthen wrote:
So anyways my sister got married w/o a hitch to my best friend, I gave a quite nervous toast that I had to wing since I forgot to memerise the one I had written but it seemed to be a hit


So how does it feel knowing that your best friend is doing all sorts of nasty shit to your sister right now?
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