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I need advice from a legal type for my son.

Posted on 10/20/2012 6:38:19 PM PDT by yankee turned redneck

My son got arrested and paid a fine for drunk in public. The police had no reason to subject him for a sobriety check. Isn't that like a unlawful search/seizure? Can he go back and change his plea and fight it to get it off his record?

Thanks


TOPICS: Miscellaneous
KEYWORDS: legaladvice; publicdrunkenness
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To: GenXteacher

Like I asked isn’t this like unlawful search and seizure?? He did nothing wrong other than having drinks and walking home.


41 posted on 10/20/2012 8:04:53 PM PDT by yankee turned redneck
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To: yankee turned redneck

The best place to get advice of this nature is a bar. If you have a pub in your neighborhood go in in the evening and there should be several experts present


42 posted on 10/20/2012 8:11:20 PM PDT by Lurkina.n.Learnin (Ignorance is bliss- I'm stoked)
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To: yankee turned redneck

He’s over 18, isn’t he? He’s an adult, not a child. Why don’t you let him deal with it? He made the adult decision to get drunk, the adult decision to be out in public drunk, the adult decision to plead guilty. The horse has left the barn—and your son, a grown man, has left the house. Let him conduct his own life and solve his own problems instead of looking for some way to get him off the hook for something he really did.


43 posted on 10/20/2012 8:13:51 PM PDT by ottbmare (The OTTB Mare)
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To: deport
Saturday night, this thread and a bag of popcorn...

What more could a guy ask for.

44 posted on 10/20/2012 8:16:49 PM PDT by Texas Eagle (If it wasn't for double-standards, Liberals would have no standards at all -- Texas Eagle)
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To: yankee turned redneck

Pay for a good attorney and fight it.


45 posted on 10/20/2012 8:22:08 PM PDT by gunsequalfreedom (Conservative is not a label of convenience. It is a guide to your actions.)
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To: NoLibZone

“So If I get drunk at a bar and wisely chose to walk home, I may subject to arrest?”

I know of a case where this exact situation occurred in Auburn, Al. A guy went to a bar about a half mile from his house for last stop of the night. Decided to walk home instead of drive; got arrested for public intoxication. Even the cops in the neighboring town of Opelika thought it was the stupidest thing they had ever heard of. The Auburn cops could have given him a ride if they were worried about his safety.


46 posted on 10/20/2012 8:24:32 PM PDT by suthener
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To: yankee turned redneck
Like I asked isn’t this like unlawful search and seizure?? He did nothing wrong other than having drinks and walking home.

On the off chance you don't know how things work in small town America -

From what you have indicated, there were two cops and one arrestee. If he drags it into court, I'll guarantee that the cops will have their story straight and will testify as to plenty of probable cause. And if he disputes it, it will just be more evidence that he was too drunk to realize how drunk he was.

Then, unless the judge dislikes the cops for some reason, he's going to find your son guilty to protect the cops and the taxpayers.

And finally, since he put everyone to the trouble of a trial, he may well get jail time instead of just a fine.

But if you and your son want a full education, send him the $10K I mentioned above (since this wasn't in California, DC, or the urban northeast) and the right lawyer might be able to fix things.

47 posted on 10/20/2012 8:26:13 PM PDT by PAR35
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To: GenXteacher

Glad you are not my dad, no offense. You go to the wall for your kids in my book. Mess with one of my kids and you have trouble on your hands.


48 posted on 10/20/2012 8:31:59 PM PDT by gunsequalfreedom (Conservative is not a label of convenience. It is a guide to your actions.)
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To: RegulatorCountry
If there was no evidence of your son being drunk under the legal definition of the term in Virginia, then there was no basis for the charge.

In Texas .08 is a formality. Police can charge DWI after one beer IF the officer says your driving was impaired. It happens all the time.

49 posted on 10/20/2012 8:43:06 PM PDT by Orange1998
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To: Orange1998

Sounds arbitrary and capricious. I’m surprised such a subjective assessment with such costly, dire consequences has been allowed to stand in Texas.


50 posted on 10/20/2012 8:56:51 PM PDT by RegulatorCountry
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To: yankee turned redneck

Frame it and put it next to his graduate certificate.

Cops don’t randomly give people not driving sobriety tests. I would have never agreed to one. You’re not driving and there probably isn’t any law governing such a circumstance. Perhaps he parked his car around the corner when he saw the cops and decided to walk? That sounds more likely. Is he underage?

Where is the probable cause?


51 posted on 10/20/2012 9:29:22 PM PDT by Usagi_yo
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To: RegulatorCountry

I concur but it happens frequently in Texas. I said charged with DWI but don’t know if convicted at trial. As you might know many can’t afford competent legal representation and plea guilty.


52 posted on 10/20/2012 9:40:11 PM PDT by Orange1998
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To: RegulatorCountry
A leading DWI attorney in Texas website explains it better.

This also means that if you have a BAC that is within the legal limit, you can still be charged with a DWI. This is up to the discretion of the arresting officer. If he or she believes that you are not operating within your normal faculties, you can be arrested no matter what your BAC is. Because the officer bases what is normal off of his or her own experience, it can be easy to arrest you for DWI.

http://www.dallasdwilawyer.cc/articles/dwi-under-08-bac/

53 posted on 10/20/2012 9:51:12 PM PDT by Orange1998
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To: Orange1998

Sounds like quite the field day for a corrupt officer to me, being able to override an objective legal standard with subjective opinion in every instance. Again, I’m surprised this is allowed to stand in Texas.


54 posted on 10/20/2012 10:09:11 PM PDT by RegulatorCountry
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To: yankee turned redneck

Drunk in public charges usually means the person was acting in a manner suggesting public drunkenness....stumbling,peeing on a building, walking in the street....all sorts of stuff. If the police detained him on such a suspicion they have the authority to conduct a sobriety check

If I were you I would be much more concerned that a child of mine was drunk in public or private. My guess is the apple doesn’t fall far from the tree.


55 posted on 10/20/2012 10:47:53 PM PDT by Nifster
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To: yankee turned redneck
were you there? Walking home from a party they may have approached him. he probably smelled like a brewery and was belligerent ( as most drunks are)when asked for id and where he was coming from and where he was going. Was he of legal age to drink???

You sound as if you want your kid to get off. You ought to be paying attention to what your child is doing. Being drunk at any age and encountering the police is not a good sign

56 posted on 10/20/2012 10:51:04 PM PDT by Nifster
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To: yankee turned redneck

what you should tell him is to quit drinking....he obviously can’t handle the booze.


57 posted on 10/20/2012 10:53:44 PM PDT by Nifster
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To: NoLibZone

yes


58 posted on 10/20/2012 10:54:26 PM PDT by Nifster
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To: yankee turned redneck

you weren’t there. your son was drunk why would you believe him?


59 posted on 10/20/2012 10:56:10 PM PDT by Nifster
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To: yankee turned redneck
I see you are getting a lot of "Holier than Thou" advice from the peanut gallery.
Lets just keep things in perspective.
He is a young man in college.
He wanted to drink at a bar - pretty normal.
He had the ability to decide it was time to go home.
He made the wise choice to walk not drive, ride a bicycle or trust a fellow drinking friend for a ride.
He, unfortunately got popped by the local po-po who are known to haunt the streets at closing time to fill their mandate for "Keeping the streets Safe" for the townies.
Simple fact - This ain't no life & death matter. Frankly, its pretty common and not even a big deal.
Simple misdemeanor.

Suggestion: Rub your Sons head and call him a dumbass in a joking manner. Tel him that you WILL remember this in the future.
Then slip him a US$5.00 bill and tell him to keep it for cab fare...next time.

He's your boy...Love him and expect a f**k-up every now and then. Thats what life is all about.

US$0.02....CTM.
60 posted on 10/20/2012 10:57:06 PM PDT by Tainan (Cogito, ergo conservatus sum -- "The Taliban is inside the building")
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