FL my day in court (questions)

[adoidont]

What is the name of your state (only U.S. law)? FL

So I decide to not agree with the plea system we have set up as our legal system and decide to try my chances before a jury of my peers. My question(s) lie in the cops.

1. A cop commenting oh me smoking to supposedly MASK the smell of alcohol on my breath and talking on the phone --- should this be followed by an Objection Irrelevant? I've never heard of smoking covering up the smell of alcohol? I love the fact of the cops sitting on the stand trying to paint a story of me being a worthless POS!!!

2. A cop reading off of the police report instead of his memory should be followed by a swift objection --- should be followed by Objection Independent Recollection? I've read that it's a voilation of my 6th amendment right to be confronted by the wintness and testimony not a cop and his police report. If I'm wrong please correct me.

3. You know how all of the cops have the same story DROUPY EYES, STRONG ALCHOL EMITTING FROM THE CAR, SLURRED SPEECH.. to test the cops memory of the night in question can we attack them on knowledge of car color? car make? color of my cloths? was he wearing glasses? I'm tired of cops trying to go up and sing the same ole song and dance. It would be great to show them as they incompitent witnesses they are.

I'm not sure if my lawyer was stoned or retarded but he let the cops go up and talk about things that had nothing to do with DUI's for as long as they wanted as long as it painted a bad picture of me. Isn't a normal court date supposed to have an OBJECTION or TWO?

Any other advice would be greatly appreciated. I'm a bit late on posting but the first trial was a hung jury so the state in their stuborness are going to retry me tomorrrow October 7th. All the cops have against me is a halfway bad FST. No video no breath.

[Peligroso27]

Originally Posted by adoidont

What is the name of your state (only U.S. law)? FL

So I decide to not agree with the plea system we have set up as our legal system and decide to try my chances before a jury of my peers. My question(s) lie in the cops.

Originally Posted by adoidont

1. A cop commenting oh me smoking to supposedly MASK the smell of alcohol on my breath and talking on the phone --- should this be followed by an Objection Irrelevant? I've never heard of smoking covering up the smell of alcohol? I love the fact of the cops sitting on the stand trying to paint a story of me being a worthless POS!!!

No, this is expert testimony and his account of the event is very relevant. Are you an expert on DUI?

Originally Posted by adoidont

2. A cop reading off of the police report instead of his memory should be followed by a swift objection --- should be followed by Objection Independent Recollection? I've read that it's a voilation of my 6th amendment right to be confronted by the wintness and testimony not a cop and his police report. If I'm wrong please correct me.

Also incorrect. Police officers are not pulled off the street after they arrest each POS DUI. This officer may have arrested multiple DUI offenders that night and each night following. Understandably his recollection of your arrest may be a little more hazy then yours. A police report is written that night and would be considered an affidavit or sworn statement. The theory would be that, if the officer was not available to testify the police report would say all the same things he was not physically able to at the time.

Originally Posted by adoidont

3. You know how all of the cops have the same story DROUPY EYES, STRONG ALCHOL EMITTING FROM THE CAR, SLURRED SPEECH.. to test the cops memory of the night in question can we attack them on knowledge of car color? car make? color of my cloths? was he wearing glasses? I'm tired of cops trying to go up and sing the same ole song and dance. It would be great to show them as they incompitent witnesses they are.

That is because alcohol has the same effects on each of us physically. Officers are taught to look for the tell tale signs of an individual that is over the limit. You could ask him all those questions and he would refer to the report he wrote that night. As an officer of the court his word will hold more weight than a POS that put the lives of his fellow man at risk by driving drunk. Refer to the answer to your last question as well.

Originally Posted by adoidont

I'm not sure if my lawyer was stoned or retarded but he let the cops go up and talk about things that had nothing to do with DUI's for as long as they wanted as long as it painted a bad picture of me. Isn't a normal court date supposed to have an OBJECTION or TWO?

Did you have a public defender? You are guaranteed representation, not a tricky lawyer that will get you a not guilty verdict when you were driving drunk. If you did have a lawyer you paid for he most likely just wanted the case to be over so he could get rid of the client that thinks they know everything.

Any other advice would be greatly appreciated. I'm a bit late on posting but the first trial was a hung jury so the state in their stuborness are going to retry me tomorrrow October 7th. All the cops have against me is a halfway bad FST. No video no breath.[/quote]

GET A LAWYER. STOP DRIVING DRUNK.

[adoidont]

Originally Posted by Peligroso27

No, this is expert testimony and his account of the event is very relevant. Are you an expert on DUI?.

Not just of yet. So my behavior has a lot to do with the charge at hand, DUI? I'm not sure what you're smoking but you probably have the same dealer as my lawyer.

Originally Posted by Peligroso27

Also incorrect. Police officers are not pulled off the street after they arrest each POS DUI. This officer may have arrested multiple DUI offenders that night and each night following. Understandably his recollection of your arrest may be a little more hazy then yours. A police report is written that night and would be considered an affidavit or sworn statement. The theory would be that, if the officer was not available to testify the police report would say all the same things he was not physically able to at the time..

So amendments don't count for anything? It's not my fault the cops are under worked and over paid.

Originally Posted by Peligroso27

That is because alcohol has the same effects on each of us physically. Officers are taught to look for the tell tale signs of an individual that is over the limit. You could ask him all those questions and he would refer to the report he wrote that night. As an officer of the court his word will hold more weight than a POS that put the lives of his fellow man at risk by driving drunk. Refer to the answer to your last question as well..

These are the things that his MEMORY serves him right on without looking at the police report (eyes, breath). So you're saying that the smell of my breath stays fresh to his memory from the arrest 2 months ago?

Originally Posted by Peligroso27

Did you have a public defender? You are guaranteed representation, not a tricky lawyer that will get you a not guilty verdict when you were driving drunk. If you did have a lawyer you paid for he most likely just wanted the case to be over so he could get rid of the client that thinks they know everything..

Originally Posted by Peligroso27

GET A LAWYER. STOP DRIVING DRUNK.

I do have a lawyer but not sure if he's holding up his end of the bargain.

Also what's the poll on trial by judge or jury? What's the best to go with for the innocent?

Who even said I was drunk let alone driving? I'm just trying to educate myself a bit on the system that's trying to screw me over.

Could I get a second opinion please

[seniorjudge]

So I decide to not agree with the plea system we have set up as our legal system and decide to try my chances before a jury of my peers.

A jury of your peers is not a constitutional right.


1. I've never heard of smoking covering up the smell of alcohol?

A: This is quite common.


2. A cop reading off of the police report instead of his memory should be followed by a swift objection --- should be followed by Objection Independent Recollection? I've read that it's a voilation of my 6th amendment right to be confronted by the wintness and testimony not a cop and his police report. If I'm wrong please correct me.

A: You are wrong.


3. You know how all of the cops have the same story DROUPY EYES, STRONG ALCHOL EMITTING FROM THE CAR, SLURRED SPEECH.. to test the cops memory of the night in question can we attack them on knowledge of car color? car make? color of my cloths? was he wearing glasses?

A: Yes.


Q: I'm not sure if my lawyer was stoned or retarded but he let the cops go up and talk about things that had nothing to do with DUI's for as long as they wanted as long as it painted a bad picture of me. Isn't a normal court date supposed to have an OBJECTION or TWO?

A: Was this a question?

[Peligroso27]

No, I am not a member of MADD but I do donate to their organization periodically. I am a citizen that has had too many close calls with drunk drivers, like just this weekend when one almost hit me head on when his car swerved over the double yellow line.

My point was that alcohol has the same effects on each of us. Some will experience these effects more intensely then others. Droopy eyes, alcohol smell, and slurred speech are all glaring indicators an individual has consumed alcohol. I was rebutting your statement that cops all have the same story, that is because alcohol effects each of us in the same way.

I can already see where this post is going, the OP will try to argue that he/she is still right after every post hoping that the next will agree with every incorrect and inaccurate statement made.

I deduced that you were speaking of DUI from your post. If not, I apologize you must have be getting charged with some other offense involving a vehicle, alcohol, and a field sobriety test. Posting the statute numbers you are charged with will help avoid these misunderstandings in the future.

The difference in a trial by judge and a trial by jury is that a judge is only going to have one opinion on your innocence or guilt. Meaning that it is easier to convince one out twelve people of your story then to convince a single legal professional.

[BigMistakeFl]

What's the story behind your case? Under what circumstances were you arrested? What is the evidence the prosecution has against you?

You have chosen to roll the dice where I did not. It's your right to do so, but do you really believe that you were not impaired at the time? Do you believe your BAC was below the per se limit? Do you think the evidence against you is flawed?

You know how all of the cops have the same story DROUPY EYES, STRONG ALCHOL EMITTING FROM THE CAR, SLURRED SPEECH..

Yes, I can imagine that these symptoms are fairly consistent in drunk drivers.

[adoidont]

I was driving home late at night 3am to be exact and I pull into my parking spot at my home. As soon as I get out of my car the police officer pulls up behind me and then puts his lights on. Immediately I sit back down in my car and wait for the police officer to proceed with procedure. He admitted in court that I obeyed all traffic laws but his reason for questioning me is "Suspicious Activity". As you all could imagine the rest is history (DUI).

The FST
I did so/so. It's even hard without a drop of alcohol in my system. What kind of defense can I have Flat Feet and no arch supports in my shoes? I'm no gymnast to begin with so it's not the best test of sobriety.

Evidence
FST, 3 cops (18 year cop that pulled me over, 17 year cop that did the FST, and 1 that operated the breathalyzer) No Video, Refused Breathalyzer.

Trial by judge or jury? It can also go the other way with a jury... I was very careful when selecting my jury of mostly young adults around my age. Even one of the jury members was beat up by a cop once which was great news to me. The problem was I had a stubborn old guy and another guy that didn't look to happy in life. So it can also have the reverse effect to where the stubborn people won't give in for an innocent outcome. So it was a Hung Jury the first time around.

It's nerve racking to go threw trial. Having the cops go up and paint pictures of you and the guaranteed jail time since you didn't take the states offer.

[itsmewhoelse]

Originally Posted by Peligroso27

No, I am not a member of MADD but I do donate to their organization periodically. I am a citizen that has had too many close calls with drunk drivers, like just this weekend when one almost hit me head on when his car swerved over the double yellow line.

]

And may i ask...How did yo know the driver was drunk or simply was not paying attention??

[tranquility]

Um...Peligroso27 theory of evidence is not correct in many ways. I'm not going to write a book to explain why, but it would be best to disregard the evidentiary portions of his posts in this thread.

Maybe later, if I have some time, I'll explain, but I don't have the time or energy to sift the wheat from the chaff right now. And, there is some clear chaff there.

[adoidont]

Originally Posted by itsmewhoelse

And may i ask...How did yo know the driver was drunk or simply was not paying attention??

Or even fell asleep at the wheel. I'm not appreciative of people assuming every person that has ever gotten a DUI is guilty even before their day in court.

My purpose here is one of advice of my peers to educate myself on the process and how to prevent myself from ever being in this situation again in the future. I know one way is to never touch a drop of alcohol and drive my car. If they had reliable mass transit in every city that served alcohol then I'm sure a lot of people wouldn't drink and drive.

Just by pure coincidence the bus's here run till about midnight when the bars at in their prime but not atl 2am when the bars close.

[BigMistakeFl]

Yes, I agree it would be nice if public transporation was available for all. It isn't. And for those of us who got caught driving after drinking, it's touch to discover that the laws have been clearly written and rewritten to keep us from finding a way out.

By the time you admit that you've consumed any amount of alcohol prior to driving, which is legal, you have few chances to remove yourself from the DUI process. FST's provide evidence against you, refusing to take the BAC test not only removes any chance of proving you were below the per se limit, it "implies" that you were impaired and knew it.

It must be terribly nerve racking; I lived through my one time in the process and would not want to have to face it again. Good luck man.

[Peligroso27]

Originally Posted by itsmewhoelse

And may i ask...How did yo know the driver was drunk or simply was not paying attention??

He must have continued falling asleep or not paying attention even after he passed me. I made a U-turn followed him until I could get all the information I needed for the Sheriff's department to make a stop. Unless it was just a terrible driver, he was obviously trashed.

adoidont, it never ceases to amaze me that the responsibility to provide you with a ride home lays on the infamous "they." Do you not have taxi's in your city? It doesn't matter about my assumptions. It annoys me that individuals will post on this board refusing to accept responsibility for what they have done.

Notice that the OP will not state how many drinks they consumed that night or that they had not consumed any alcohol, but the breathalyzer test was refused. If I am not mistaken, and I very well could be, failing a FST involves more than just one test. There are a battery of tests provided to ensure an accurate evaluation of the level of intoxication of the individual under suspicion. Doing so/so is the same as failing it in the eyes of the law.

The OP is facing their own story against over 35 years of police experience. The OP is most likely experiencing some cognitive dissonance about their decision to take a trial over the deal offered by the state.

[adoidont]

THE CASE IS DISMISSED

Being approached by a cop for no damn good reason is a reason to dismiss a case especially if you're driving fine and have no reason for being pulled over. So for those of you who believe that you are innocent and feel like taking a chance with doing jail time in case a jury does convict you I suggest you fight it!

As for how I'm screwed over... I have no job and no license for a year all because of being falsely accused and apprehended for something I was never guilty of.

So for you flamers and OP's you can go screw yourselves!

Anyone who wants more details feel free to ask.

[seniorjudge]

Anyone who wants more details feel free to ask.

I'm asking. Tell us your story.

[BigMistakeFl]

his reason for questioning me is "Suspicious Activity". As you all could imagine the rest is history (DUI).

The FST
I did so/so. It's even hard without a drop of alcohol in my system. What kind of defense can I have Flat Feet and no arch supports in my shoes? I'm no gymnast to begin with so it's not the best test of sobriety.

Evidence
FST, 3 cops (18 year cop that pulled me over, 17 year cop that did the FST, and 1 that operated the breathalyzer) No Video, Refused Breathalyzer.

As in many cases (my first post included) there may be missing information, such as the reason for refusing the breath test. If not impaired, the BAC test can be a ticket to freedom in many cases. Refusing it implies guilt.

To Adoidont, you could discuss with your lawyer the legitimacy of the stop to begin with, questioning the "suspicious activity" as probable cause. Otherwise it's your word against the cops' word, and any other witnesses or evidence they care to bring forth. Care to shed any further light on this case for us?