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From the PYF hilarious joke thread:quote:Two cops are waiting in the car outside a pub. This particular pub's clientele have something of a reputation for drink-driving, and the two officers are hoping to catch someone in the act. Legal ramifications? I'm thinking that intentionally deceiving the police could get the guy in trouble, and I'm thinking that driving while your behavior appears to be drunken could still net you a DUI offense, since some states will permit prosecution based on the officer's testimony alone, but I'm hazy on DUI law so I dunno. and... go!
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Dec 31, 2010 18:01
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entris posted:From the PYF hilarious joke thread: Actus reus WHERE ARE YOUUUU e: at best a bullshit "disorderly conduct"
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Dec 31, 2010 18:11
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Why wouldn't the sober guy just drive his friends home, instead of letting them drive all drunk and wasting the cops' time? What a dick
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Dec 31, 2010 18:28
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Phil Moscowitz posted:Why wouldn't the sober guy just drive his friends home, instead of letting them drive all drunk and wasting the cops' time? What a dick So they don't have to bother with fetching their cars in the morning, obviously
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Dec 31, 2010 18:50
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Obstruction
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Dec 31, 2010 19:17
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entris posted:From the PYF hilarious joke thread: Among other answers already mentioned, and assuming his buddies don't get caught (in which case he's on the hook for a few things via inchoate crimes, I'm thinking at least 2.06(2) complicit and I'm sure there's others I just don't remember the MPC of it offhand), my prof would have a hard on for this question because you could try to say it's attempted recklessness. He said if someone ever makes an elegant argument for what that is there's at least an HLR publication in it so lets get going on that Goons.
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Dec 31, 2010 20:59
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The joke's on you guys, ya'll have successfully demonstrated that law school ruins people.
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Dec 31, 2010 21:10
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Baruch Obamawitz posted:Obstruction Of what? There's no proof that they were driving drunk because there's no evidence anywhere -- the cop is with the other guy, remember?
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Dec 31, 2010 23:03
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Defleshed posted:Congrats man! A fried of mine from high school has been doing that gig for years and he loves it. He and his wife are currently in Thailand. Hey Defleshed, I may run into you at some point, as I'm going to be bidding for POL/MIL jobs if I can. Yeah for anyone interested, check out the megathread (I wrote the OP so you know it's good). It's a pretty cool gig if anyone wants to sack up and say gently caress practicing law, I'm going to be a motherfucking diplomat, bitch. Granted, it's extraordinarily hard to get into, but the key is that you can start applying before you even graduate undergrad. And you can realistically start passing without even being in law school. Got your J.D.? Bored, miserable, hate life, dying alone anyway? Give that poo poo up! Come work more reasonable hours, in exotic locations, for decent (by real people standards, not bullshit biglaw standards) pay, and amazing benefits (free housing? Overtime, night differential, up to +50% hardship pay in some locations, GUMMINT SERVICES). Be a Political Officer and write cables that will influence U.S. Policy in your area of the world, and enjoy getting sent to represent the embassy at parties and operas and poo poo.  Be an Economic Officer and sperge about numbers while 'jerkin at meetings with your MBA buddies in foreign nations! Make valuable contacts at major companies that will do way more for getting you a job than your school's OCPD ever did.  Be a Management Officer and do HR, Admin and Management stuff, including being in charge of large sections of embassy staff and foreign nationals.  Be a Consular Officer, and help stranded Americans overseas! Use your skills from that externship at the PD's office and bail them out of prison when they gently caress up!  Be a Public Diplomacy Officer and be the guy that talks at the press conferences, and is the visible face of our efforts in a particular region! Fuckin' star!  Be the man you always wished you could be. Take your hopes and dreams and put them all on a testing process that only all but a small fraction pass (to the point of making OCI look like candy). Don't be a pussy. Be a diplomat.  
Leif. fucked around with this message at 00:06 on Jan 1, 2011 |
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Jan 1, 2011 00:02
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SWATJester posted:Of what? There's no proof that they were driving drunk because there's no evidence anywhere -- the cop is with the other guy, remember? Does it matter?
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Jan 1, 2011 00:22
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SWATJester posted:Hey Defleshed, I may run into you at some point, as I'm going to be bidding for POL/MIL jobs if I can. SWATJester you forgot to list your job. I don't see "Custodian Officer" anywhere.
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Jan 1, 2011 00:42
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entris posted:From the PYF hilarious joke thread: In my state a DWI is defined as blowing a .08 OR not having the normal use of mental or physical faculties by reason of the introduction of alcohol or drug. If the cops wanted to be an rear end, they could likely arrest him for a DWI. Based on the officer's training, the suspect's behavior is consistent with someone driving under the influence and just because he wasn't drunk on alcohol doesn't mean he wasn't intoxicated on something else. His claim that he was a "designated decoy" is irrelevant since suspects often lie in police encounters in an attempt to avoid criminal charges. At that point the cops could administer a field sobriety test, and it's hard even stone cold sober not to generate enough tells to fail. It may not result in a conviction, but the cops could definitely make him regret his decision.
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Jan 1, 2011 02:43
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GamingHyena posted:In my state a DWI is defined as blowing a .08 OR not having the normal use of mental or physical faculties by reason of the introduction of alcohol or drug. SWATJester posted:Be a Consular Officer, and help stranded Americans overseas! Use your skills from that externship at the PD's office and bail them out of prison when they gently caress up! Quite frankly the best part of being a PD is being able to distinguish when you're being bullshitted, which is useful for both ACS and visas.
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Jan 1, 2011 03:46
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nm posted:Without proof of use of alcohol or drug, the case gets tossed. No breath or blood or breath or blood showing 0 (without a refusal)=dismissal by judge or prosecutor. Of course here, if you refuse, the refusal can be considered as evidence of guilt so even if you have a case with no blood test, a breath test refusal, and nothing more than the officer saying "I smelled the odor of intoxicating beverages" you can be convicted. At least at the municipal court level.
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Jan 1, 2011 04:33
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SWATJester posted:Hey Defleshed, I may run into you at some point, as I'm going to be bidding for POL/MIL jobs if I can. Kindly gently caress right off with this happy poo poo ok
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Jan 1, 2011 06:03
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I've got an informational interview with a lawyer who practices in boots. I know not to wear a suit. But do I wear: A) Jeans, a nice shirt, a belt and nice shoes as is the customary wear in Texas; or B) Slacks and the same.
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Jan 1, 2011 06:17
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SWATJester posted:Don't be a pussy. Be a diplomat. Out of curiosity, did anything you write end up on Wikileaks? Edit: To make this more topical, if a third party were to gain unauthorized access to privileged information and leak it via Wikileaks, would it be admissible at trial? Konstantin fucked around with this message at 06:43 on Jan 1, 2011 |
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Jan 1, 2011 06:37
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Konstantin posted:Out of curiosity, did anything you write end up on Wikileaks? I just got an offer today, nothing to leak.
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Jan 1, 2011 06:44
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Sent my applications in today. I'm reaching, but I feel good about getting into something. Nobody cares because I just lurk here. Bye.
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Jan 1, 2011 07:37
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Factory Factory posted:Sent my applications in today. I'm reaching, but I feel good about getting into something. Nobody cares because I just lurk here. Bye.  so do all our strident warnings just mean nothing to you or what
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Jan 1, 2011 07:39
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Well, okay, by "lurk," I meant "Read most of the OP and checked the last page twice a month." Sorry.
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Jan 1, 2011 07:47
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entris posted:and... go! Also, that joke isn't funny. Is it trying to be ironic and black like a dead babies joke where you're supposed to be like "haha this joke is about helping drunk assholes kill people on the road under the guise of sticking it to The Man haha I get it it's ironic." because if so that's a bad joke. If not, then it's just a bad joke.
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Jan 1, 2011 07:50
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Factory Factory posted:Well, okay, by "lurk," I meant "Read most of the OP and checked the last page twice a month." Sorry. Not as sorry as you'll be in 2 years.
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Jan 1, 2011 08:15
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Factory Factory posted:Sent my applications in today. I'm reaching, but I feel good about getting into something. Nobody cares because I just lurk here. Bye. Don't listen to all these negative nancies in this thread. They're just being mean. If you get into the T14, and you work hard, I'm sure you'll be fine. Enjoy law school!
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Jan 1, 2011 08:19
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Stunt Rock posted:Of course here, if you refuse, the refusal can be considered as evidence of guilt so even if you have a case with no blood test, a breath test refusal, and nothing more than the officer saying "I smelled the odor of intoxicating beverages" you can be convicted. At least at the municipal court level. Refusals are different. That said if an officer really wants to gently caress you over manufacturing a refusal is easy as hell.
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Jan 1, 2011 09:42
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nm posted:Hence my statement "(without a refusal)" I wasn't disagreeing with you or trying to contradict you, I was using that as a springboard. I think that poo poo is dumb as hell and I agree with you on the latter point as well. I've had clients who have attempted to blow into broken breathalyzers who have had the police write them up as "refusals"
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Jan 1, 2011 10:00
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Stunt Rock posted:I wasn't disagreeing with you or trying to contradict you, I was using that as a springboard. I think that poo poo is dumb as hell and I agree with you on the latter point as well. I've had clients who have attempted to blow into broken breathalyzers who have had the police write them up as "refusals" I have mixed feeling about refusals. There should be something as a punishment for a refusal otherwise it creates problems, it should even me higher. However, there should be a requirement for a big record. Audio and video for all refusals. Signed statements for "actual refusals." Detained breath test logs with at least 8 attempts for "technical refusals." This idea that a cop can generate a refusal and gently caress you over is disturbing. Cops are not above falsifying DUI observations. http://www.sacramentan.net/2010/09/23/scully-falsified-evidence-likely-in-79-dui-cases/ Even with cases where the cop is a bit more honest, they are quick to take a negative reaction from a suspect as a refusal if he's been a pain in the rear end.
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Jan 1, 2011 10:21
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nm posted:New Jersey's Alcotest required a certain volume of air that was literally impossible for older women to generate. Those were tossed, but it took a long as time The problem with refusals is not that refusal is a crime. The problem is that it's treated exactly like a DUI + it's determined when the cop presses the button on the breathalyzer rather than if you actually refuse. The most  case I ever dealt with was prosecuting this woman which 100% of the people involved (including the jury) believed she was sober. While at the station, she was on the phone with her TAX lawyer. The TAX lawyer became rapidly confused and engaged in a long rear end conversation. During said long rear end conversation, the officer pressed the Breathalyzer's button and read through his script. Much like a TSA officer, he's got a script and a procedure and goddamnit if he's going to deviate from that script. The TAX lawyer eventually said "take the breath test, you're obviously sober." But it was too late since the cop pressed the button during the loving phone conversation with the loving lawyer, and he refused to press the button again or take the woman to the hospital to get a blood draw. She begged the cop to press the button again while sobbing because she didn't want to be charged with refusal. But the cop refused because goddamnit he pressed the button once and once was all the script said. Sober woman went to jail for 3 days + the DUI fine + 3 mos no license after spending $100,000 on a lawyer to fight it (plus the collateral insurance). I'm sorry lady I tried to convince the DA to change his mind Edit: I have a lot of angst built up about this case, as you can tell. BigHead fucked around with this message at 11:33 on Jan 1, 2011 |
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Jan 1, 2011 11:25
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BigHead posted:The problem with refusals is not that refusal is a crime. The problem is that it's treated exactly like a DUI + it's determined when the cop presses the button on the breathalyzer rather than if you actually refuse. Did you do Simon's clinic at UMN? Which year did you take? The intoxolyzer in Minnesota is an interesting beast. When i worked there, I thought the alcotest was a "better" (harder to beat) machine, but now, I don't know. BigHead posted:The TAX lawyer eventually said "take the breath test, you're obviously sober." But it was too late since the cop pressed the button during the loving phone conversation with the loving lawyer, and he refused to press the button again or take the woman to the hospital to get a blood draw. She begged the cop to press the button again while sobbing because she didn't want to be charged with refusal. But the cop refused because goddamnit he pressed the button once and once was all the script said. lovely defense attorney? Smells like malpractice to me. nm fucked around with this message at 11:43 on Jan 1, 2011 |
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Jan 1, 2011 11:39
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CaptainScraps posted:I've got an informational interview with a lawyer who practices in boots. A with boots.
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Jan 1, 2011 16:47
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Roger_Mudd posted:A with boots. gently caress! What are you doing this week? Let's get a drink.
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Jan 1, 2011 18:23
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nm posted:Was this in Minnesota? Because there is a case nearly exactly on point (Woman had a technical refusal for the breath. Woman begged for another chance. Woman begged for a blood test. Officer ignored, choked it up as a refusal). Conviction got tossed. Either an appellate or supreme court case. Alaska. Refusal is determined when the officer presses the button and the script says he cannot press it again. Case law says that's refusal.
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Jan 1, 2011 21:42
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A bunch of people from my year just got hired on as ADA's. Not so coincidentally, the DA has announced that the county is moving from a policy of no refusal holiday weekends to becoming a permanent no refusals 24/7/365 county. So, bad for personal liberties, good for the class of '10. I guess it's a wash.
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Jan 1, 2011 23:56
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So the DA will absolutely never refuse to prosecute, as long as the police make an arrest? You musy live in a terribly violent area to justify that type of heavy-handed and resource draining policy.
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Jan 2, 2011 02:01
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Factory Factory posted:Sent my applications in today. I'm reaching, but I feel good about getting into something. Nobody cares because I just lurk here. Bye. come to Duke. I'm not kidding about actively trying to continue the goon tradition. if you have any questions at all, even if you don't post much/ever (I didn't) jump into the irc and ask HR or me whatever you want. Incidentally, we share a locker but he never uses it (and he'll be in DC next semester, so if you've heard about the Duke in DC program he'd be the fellow to ask).
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Jan 2, 2011 02:11
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So I came in touch with the girl I dated in the past and it turns out that she isn't at UGA but at John Marshall Law School (Atlanta). Because they gave her a partial scholarship. I'm sure she can get in the top quartile of her class because she got accepted into University of Mich Ann Arbor. She is very interested in property law and I want to know what are her employment and salary prospects like assuming she is in the top quartile of her class?
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Jan 2, 2011 02:25
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Forever Zero posted:She is very interested in property law and I want to know what are her employment and salary prospects like assuming she is in the top quartile of her class? 1% and $45k if she's lucky.
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Jan 2, 2011 02:32
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Phil Moscowitz posted:So the DA will absolutely never refuse to prosecute, as long as the police make an arrest? You musy live in a terribly violent area to justify that type of heavy-handed and resource draining policy. I think he means that if you refuse a breathalyzer they've got a magistrate on standby so they can draw your blood.
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Jan 2, 2011 03:03
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Forever Zero posted:I'm sure she can get in the top quartile of her class because she got accepted into University of Mich Ann Arbor. She needs to do way better than top quartile coming from a T4 school and unfortunately having a good LSAT score/undergrad GPA doesn't guarantee you'll be good at taking law school exams - it's a skill in and of its own. She hosed up not going to Michigan and closed a ton of doors in doing so. She has pretty much 0% chance of doing real estate work in a large law firm if she's thinking that direction. And she didn't even get a full scholarship which is even sadder.
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Jan 2, 2011 03:37
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Forever Zero posted:So I came in touch with the girl I dated in the past and it turns out that she isn't at UGA but at John Marshall Law School (Atlanta). Because they gave her a partial scholarship. I'm sure she can get in the top quartile of her class because she got accepted into University of Mich Ann Arbor.
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Jan 2, 2011 03:39
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