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tire knocker/ checker

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lisadesi

Junior Member
What is the name of your state (only U.S. law)? California

my husband had 1o years in prison and has the spent the last four trying to get this sober living thing. He has one strike. He has been sober for over 8 months for the first time in his life and is doing great. However 8 months ago he was discharged from parole. He did what they do and went off the the deep end for a month after we was discharged. We separated and he was using. He had none left and was two days coming down. the home he was working on his car at was raided for explosives !! All parties were arrested. They were just as surprised to see him as he was to see them. They found a bag of msn (I dont even know what this is?) and a tire knocker sold over the counter at truck stops used for the work he was doing at the time (true story). My husband was released was told he would be charged with under the influence and possession of a deadly weapon.

we expected this charge to come and have been checking to make sure there are no warrants regularly. When we go down to check with the courts, they seem just as confused as we are that nothing has been filed. We assumed that the allegation was flimsily and they decided not to file. However yesterday 8 months later, while taking my daughter to school was arrested for under the influence, possession of a deadly weapon and manufacturing.

I dont deny he was doing wrong in the wrong place at the wrong time. he was under the influence, he did have the knocker, but he was not manufacturing. the people who owned the house may have been, it also may have been manufacturing explosives, we do not know. Under what circumstances would the tire checker/knocker a deadly weapon? It was not concealed and it was kept in the rear window. He was working doing general laborer, concrete, auto repairs painting at the time which i can verify.

if in fact the owners of the home were manufacturing anything, what sort of evidence would they need to tie it to my husband? What kind of evidence is acceptable for t hem to prosecute? Wouldn't they need to connect it with his specifically?

He is a work in progress. I know 8 months is nothing in clean time. But for him it is a lot and it means everything to him. He has lot of holes to fill in to make up for the things he has done and he makes no excuses. But how can you condemn a man who is sober, is trying to start his own church group, praying, home and works and wants more than anything the chance to fill those holes in. It has been a long learning curve, but not for where he has come from. In light of the fact he has turned everywhere for help to no avail repeatedly and is still sober in spite of being denied by the very people who have condemner him for not humbling himself to ask.

I realize this may seem like another victim story that no one wants to touch or comment on. It may seem fair to you even. I dont deny he was doing wrong in the wrong place at the wrong time. He is trying stay clean, it is a process not a product. He learns a little more every time, since June of last year he has relapsed for one night, twice. He is guilty of using, it should have been a misdemeanor drug charge that may even have allowed himto get help, like he said he is clean but it has been very hard with no mental health assistance or direction. We have been denied due to lack of funds, the programs these days will only take you with the promise of payment by private party or prop 36. He will not eligable for prop 36 since he was charged with the other two crimes. It seems to me this is the idea. The other two charges he is facing could get him two more strikes which would make three, and/ or at the very least years of prison time.

Please help, any advise, experience would be greatly appriciated. Particularly anything, links that i can verfiy or are factual.

thank you
 


Zigner

Senior Member, Non-Attorney
The man needs an attorney.

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

my husband had 1o years in prison and has the spent the last four trying to get this sober living thing. He has one strike. He has been sober for over 8 months for the first time in his life and is doing great. However 8 months ago he was discharged from parole. He did what they do and went off the the deep end for a month after we was discharged. We separated and he was using. He had none left and was two days coming down. the home he was working on his car at was raided for explosives !! All parties were arrested. They were just as surprised to see him as he was to see them. They found a bag of msn (I dont even know what this is?) and a tire knocker sold over the counter at truck stops used for the work he was doing at the time (true story). My husband was released was told he would be charged with under the influence and possession of a deadly weapon.

we expected this charge to come and have been checking to make sure there are no warrants regularly. When we go down to check with the courts, they seem just as confused as we are that nothing has been filed. We assumed that the allegation was flimsily and they decided not to file. However yesterday 8 months later, while taking my daughter to school was arrested for under the influence, possession of a deadly weapon and manufacturing.

I dont deny he was doing wrong in the wrong place at the wrong time. he was under the influence, he did have the knocker, but he was not manufacturing. the people who owned the house may have been, it also may have been manufacturing explosives, we do not know. Under what circumstances would the tire checker/knocker a deadly weapon? It was not concealed and it was kept in the rear window. He was working doing general laborer, concrete, auto repairs painting at the time which i can verify.

if in fact the owners of the home were manufacturing anything, what sort of evidence would they need to tie it to my husband? What kind of evidence is acceptable for t hem to prosecute? Wouldn't they need to connect it with his specifically?

He is a work in progress. I know 8 months is nothing in clean time. But for him it is a lot and it means everything to him. He has lot of holes to fill in to make up for the things he has done and he makes no excuses. But how can you condemn a man who is sober, is trying to start his own church group, praying, home and works and wants more than anything the chance to fill those holes in. It has been a long learning curve, but not for where he has come from. In light of the fact he has turned everywhere for help to no avail repeatedly and is still sober in spite of being denied by the very people who have condemner him for not humbling himself to ask.

I realize this may seem like another victim story that no one wants to touch or comment on. It may seem fair to you even. I dont deny he was doing wrong in the wrong place at the wrong time. He is trying stay clean, it is a process not a product. He learns a little more every time, since June of last year he has relapsed for one night, twice. He is guilty of using, it should have been a misdemeanor drug charge that may even have allowed himto get help, like he said he is clean but it has been very hard with no mental health assistance or direction. We have been denied due to lack of funds, the programs these days will only take you with the promise of payment by private party or prop 36. He will not eligable for prop 36 since he was charged with the other two crimes. It seems to me this is the idea. The other two charges he is facing could get him two more strikes which would make three, and/ or at the very least years of prison time.

Please help, any advise, experience would be greatly appriciated. Particularly anything, links that i can verfiy or are factual.

thank you
 

justalayman

Senior Member
there is no legitimate use for a tire knocker on a typical car.

for those not familiar with a tire knocker:

it is basically a club a truck driver uses to rap or hit the tires on his truck to determine if the tire is flat or does not have enough air in it. Due to the rigidity of the tires and the amount of pressure in a truck tire, it is not possible to determine the status simply by looking and checking with a tire gauge simply takes to long. A full tire has a distinct sound just as a flat tire does as well. By simply listening to the sound and having a bit of experience, a driver can determine if the tires are filled properly.


so, anyway, a tire knocker that is not in a truck is a deadly weapon so that charge is righteous.

as to the msn, well, I use comcast so I could not tell you how serious a charge he might be facing due to having msn.:D
 

FlyingRon

Senior Member
I agree with Justa.

What a trucker calls a tire knocker, the police (and most people) would call a night stick. If you're not in the vicinity of a tractror-trailer (or at least something with dual wheels), it's a weapon.
 

CdwJava

Senior Member
My husband was released was told he would be charged with under the influence and possession of a deadly weapon.
What were the code sections he was charged with? I imagine PC 12020(a) for the deadly weapon and maybe H&S 11550 for being under the influence of a controlled substance ... or something else?

Where was this "tire checker" in relation to him when they arrived? Or was it in his car?

However yesterday 8 months later, while taking my daughter to school was arrested for under the influence, possession of a deadly weapon and manufacturing.
What code sections?

Under what circumstances would the tire checker/knocker a deadly weapon? It was not concealed and it was kept in the rear window. He was working doing general laborer, concrete, auto repairs painting at the time which i can verify.
If it was within reach of the driver of any other occupant of the vehicle it becomes a deadly weapon. Realistically no one actually checks their tires with the thing - it is used as a weapon. if you want to check your tires, you look at them and you use a pressure gauge - a tire thumper is no better than just kicking it with your shoe. The exception might be for a few commercial truckers, but, even they do not generally keep it in the cab of the truck.

if in fact the owners of the home were manufacturing anything, what sort of evidence would they need to tie it to my husband? What kind of evidence is acceptable for t hem to prosecute? Wouldn't they need to connect it with his specifically?
The state will need to show that he had knowledge of the manufacturing, and that he somehow aided or profited from the production ... it really depends upon the code section he was charged with.

He will not eligable for prop 36 since he was charged with the other two crimes.
If he agrees to testify against his friends, perhaps he can get a deal for possession and Prop 36? He needs to speak with an attorney.
 

divona2000

Senior Member
...the tire checker/knocker a deadly weapon? It was not concealed and it was kept in the rear window...
...a tire thumper...even they do not generally keep it in the cab of the truck...
***An Off Topic note for folks reading this-- keeping heavy pieces of metal in the car's back window? Bad idea. If you hit your brakes hard, it becomes a projectile, smashing into the back of your head. Even a coffee thermos can be deadly in a rollover...laptops, toolboxes, unrestrained passengers...all slamming around in the vehicle. Buckle them all in!
 

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