Do not flunk the attitude test; be civil and polite, because being otherwise will never help you, and it will generally always hurt you in the eyes of the jury and judge. Remember that much of what goes on in the criminal justice system, from cop contact to DA prosecution to judge scolding/punishing, is part of a grand power game, and you are the pawn. Do not allow yourself to become excessively victimized by reacting to any of their pathologies, because then they will have won.
Do NOT ever say that you have had any alcoholic beverage to drink, nor when, nor where, nor how much. Indeed, do not talk to the police at all, other than to give your name: any statement, before or after an arrest, will be taken down, possibly twisted, and always used against you. It NEVER, EVER HELPS to talk to the police in such circumstances, NEVER. They are not there to help you; they are there to put a case together against you. There are powerful grant money and penalty assessment incentives for government to press DUI through arrest to conviction; there is no similar incentive for the cops to be good or helpful to you. And this is not a Miranda-based cautionary note, because Miranda applies only when you are in custody and then only when they are interrogating you. The rule about not talking to the police about anything applies at all times, before and after custody, and whether or not you are being interrogated. Keep your mouth closed [except to blow into the breath device].
Do NOT agree to take any field sobriety test, no matter if you have been drinking or not, and your explanation for declining to do such is that you have been advised [because I am doing so right now] that there is no established correlation between the performance on any such test and impairment by alcohol. [You should give some such reason to preempt a later claim that you refused because you sensed you were guilty. You are, instead, politely declining because you know it is a stacked deck in which the police want to give the false impression that you could not perform things because you are drunk.] If a cop has decided to administer an FST, he has decided he is going to arrest you no matter what, so do not give them extra ammunition by attempting to perform that which can never be.
Do NOT agree to take the pre-arrest breath test [preliminary alcohol screening device, or PAS], unless you are under 21 or on probation for drunk driving, whether or not you have been drinking. Your explanation for refusing this test is that you have been informed [because I am doing so right now] that they are inaccurate and can be tampered with in the field to give false high readings, and if you are still absorbing alcohol [which for some people can be anywhere between 20 minutes and 6 hours after drinking stops], they always give false high readings any way..
If you are arrested for drunk driving, you will be given a choice of blood or breath test. Choose the breath test. You do not have an “absolute right" to a choice [any attorney who says you have “absolute" rights to anything generally does not know what he or she is talking about and should be avoided at all costs], but you have a statutory right to a choice under most circumstances, and there are things that can be done if you are not given that right. If you choose the breath test, they are supposed to tell you that you have a right to a back-up test of blood or urine for retesting. They generally only tell you that you have a right to back-up test of blood, if they tell you any such thing. Tell them you want a back-up test of urine. The cops will generally lie to you and tell you that you do not have such a right. Lies by cops don’t bother judges, but they often bother the more concerned jurors.
After you submit to whatever test you have chosen [always breath], then be quiet until they release you. Never, ever talk to the cops, never try to explain, never try to get them to help you, never ask for a break, because your pleas just embolden cops to harass you more. It is a power game. They are not going to help you, so just be quiet.
After you get out of custody, make sure you call the DMV number on the pink form you have been given within 10 days of the arrest and tell them you want a hearing, or you will lose your chance for a hearing with the DMV. If you are hiring an attorney within 10 days, he will make that call for you.
And you should always hire an attorney for these sorts of things. If you needed brain surgery, you would not start drilling on your own skull, but would instead hire an expert, and DUI is no different. A properly experienced DUI attorney can do more about these sorts of charges than you can imagine, because DUIs are prosecuted based on a presumption that they will not be fought, and based on a hope that jurors will be part of the neo-prohibitionism regime which has promoted the “Salem Witch Trials" public and fiction-based hysteria about DUI, and based on junk/voodoo science that would not be admissible in any other sort of criminal case, and which can accordingly be attacked, if you have an attorney who knows what he is doing and who has brought on a forensic expert who knows what he is doing. “If you think hiring a professional is expensive, wait until you hire an amateur." Red Adair
Do not drive under the influence of alcohol, but do not fall for the propaganda of “no drinking and driving," because it is not illegal to drive after you have been drinking. Don’t heed or fear the exhortation of “Call 911 if you see a drunk driver," because you cannot see a drunk driver. The system wants to turn the populace into government-loving stoolies against each other, as was the practice in the ‘30s Germany, finger-pointing/phone-dialing at every vehicular weave. I weave all over the road and don’t drink alcohol. Don’t become a stoolie – that is the lowest of the low.
My sons girlfriend recieved a call from his exwife saying they needed to pick up Aiden ( 6 year old child of my son and his ex) she told hime she did not want him never wanted to see him again and he was never welcome there. She tore apart his bed room and broke his TV. Our sons girlfriend went to pick him up and figured he would just stay with them. The police dept was notified and our son has called Social Services and left many messages but has not heard anything back and the police dept. has not left a report at Social Services.The parents of Aiden have equal cusody of him. After this happened he is so scared to go there and we don't know what to do. I talked to Social Services today and they said since he was not hurt then they can't do anything about it. And that Randy needs to get an attorney and back to the court system to get full custody. Can you help us so we know what needs to be done to protect this child?
The Mother is very addicted and abuses to prescription meds she is normally high most of the time. The enviorment is not good there.
Hello!
In October 2006, my husband and I had a contractor agree to remodel our master bath. He assured us the work would be done in three weeks, and introduced us to the plumber and to the tile contractor.
The main contractor himself was fine; jovial and easy to work with; all work done by him personally was on time. But his subs and the tilesetter in particular were less so. While the plumber turned out to be a little slower than promised, the guy who installed the tile was a world-record holder. The 3-week job that began in October ended up FINALLY wrapping up in Mid-March of 2007! We were so glad to have the tilesetter out of our house after five and a half months that we bit our tongues about some poor workmanship that to us was only cosmetic; we just wanted to be able to use our bath again and have a little privacy restored.
Some of that poor workmanship has come home to roost; we re-did some re-sealing of the tile some months after they left, but just today, I see where some grout must have gapped inside the shower pan, and the tile is lifting. There is a 1/4 to 1/2 inch gap running about 15 inches along the doorsill where the horizontal tiles cap the vertical tiles, and clearly water has gotten in there and under the tiles, and swollen the tileboard. Not an easy or fast fix.
What is the law regarding what the contractor is liable to repair and for how long after he originally finished? My husband has been unemployed now for seven months; money is tight and we are NOT interested in the same tile setter *ever* entering our house ever again.... please answer, now our shower is again unusable!
Thank you so much in advance for your speedy response!
Sincerely,
---Marie and Bob
Insane Divorce Case
I filed for divorce in Feb. 07 from my wife of 5 years on grounds on Cruelty & Adultery. We have no children. She has a masters Degree and makes $10,000 per year more than I do. She hired an attorney that does not have a lot of experience in divorce cases but is cheap. He basically cut & pasted my complaint & then added a claim for alimony, part of my 32 y.o. business & 22 y.o. home. In their complaint they list only my one witnesses and none of their own!! It is now mid July and they have produced almost no discovery info. He has filed numerous protective orders, motions to quash and every other tactic designed to delay & run up my costs. So far the court has done nothing (sanctions, motion to compel, etc.) Even though my wife makes $60,000 /yr he has told my attorneys he might just do the work for FREE. My wife is almost a bystander in the process; he is calling all the shots and directing her. I played by the rules, fulfilled all discovery requests and more- on time! He does not even read it and keeps filing everything and anything he can. At what point (if ever) can an attorney be held responsible for going on a personal vendetta especially when he has absolutely no case, no facts, no witnesses, & has discovery info
real estate foreclosure sale
''I wonder if you could tell me , we went to a real estate foreclosure sale today at the court house, there was a builder that was the plaintiff due to a lein. does he actually own the property now..... what happens with the mortgage that the defendant had on the house......
thanks--name removed--