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illegal stop?

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Nitro

Guest
State of Georgia

I have two first-offense DUI's/license suspended . The dmv told me I could drive a scooter without a license, so I did. I was stopped for going the wrong way down a one-way street, and when the offecier took my ID, he (obviously) found out my license was suspended. I was drunk at the time. I have re-visited the site, and the one-way sign can only be seen from one direction--the opposite from which I was coming. There is a parking lot wide enough to turn around in, and no "Do Not Enter" signs going the other way. I have looked up pertinent statutes, and they say that "provisions regarding [traffic direction] shall not be enforced...if an official device was not in proper position and sufficiently legible to be seen by an ordinarily observant person". By stopping me, the officer was enforcing the provisions against this statute. Would that make it an illegal stop and therfore render inadmissible anything discovered as a result of this stop?
 


I AM ALWAYS LIABLE

Senior Member
Nitro said:
State of Georgia

I have two first-offense DUI's/license suspended .

I was stopped for going the wrong way down a one-way street.

I was drunk at the time.
My response:

I haven't laughed so hard in a long time. Thanks !

Well, at least you're in good company with FKNA responding to you. He's a drunk and a criminal also ! Ask FKNA how he was arrested for boating while being drunk at a lake. Now, doing that takes brains, and a lot more smarts than driving down a one-way street WHILE DRUNK.

IAAL
 
F

FKNA

Guest
Nitro....IAAL seems to convienently forget that the DA dropped all charges. Basically it all boiled down to the cops word against mine. Guess the cops word wasn't good enough, go figure.
 

I AM ALWAYS LIABLE

Senior Member
My response:

Perhaps, FKNA. However, bright, intelligent and well educated people, like myself, are too smart to get themselves in such circumstances in the first place.

But, you see, having finished only the 10th Grade, circumstances such as yours are to be expected from people like yourself.

How does it feel, FKNA, to be grouped in the same "boat" as our thread writer ?

Just remember, you'll always - - throughout the rest of your life - - be associated with people like this, and be known as a drunk and a criminal. Mmmm. Just gives you the warm fuzzies thinkin' a "boat" it.

IAAL
 
F

FKNA

Guest
Faith25....I see you hold the same views as IAAL, "guilty until proven innocent". I did not "beat the system". I'm not going to restate my case. But once is all said and done and I'm through with my civil suit, I'm going to be a little bit richer. And if you are going to walk through life blindly, convicting people on the sole fact that they have been arrested, I hope one day you get arrested for something you are NOT guilty of so you can see first hand how our legal system works.
 
F

FKNA

Guest
Faith25....I stand corrected...."guilty until proven innocent and STILL GUILTY after proven innocent"
 
S

sac11550

Guest
If all you were fighting was a ticket for driving the wrong way on a oneway street you might get a traffic court judge to by your case. but since you were DUI you do not have leg to stand on. I am willing to bet that you were not charged with the infraction, wrong way ticket, but instead with just DUI. the officer had ever right to stop you and thus arrest you for DUI. You should be lucky he stopped you before you hurt yourself or someone else. this sounds like it makes your 3rd DUI. I do not know about your state but in CA your next convition would be a Felony, if the past DUI's were withing the last 7 years or 10years of a felony DUI.
Sounds to me that while you also have some legal problems you also have an alcohol problem. get some help before you hurt yourself or someone else.
 
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FKNA

Guest
Faith25..."I dont have to see or hear your case"...This is exactly what I mean. I didn't have ONE SINGLE DROP to drink, yet it's clear from your posts that you have already convicted me. I stand by what I said...."guilty until proven innocent and still guilty after proven innocent"
 
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Nitro

Guest
reply

first off, drunk or sober I can read signs, and the only sign there (I finally found it after going back and searching on foot for it-still took some time) was not visible from where I came. I drove onto that street, down a little ways, then turned around in a parking lot to exit. There was no DO NOT ENTER sign outside the parking area. And thank you for your advice, but I already checked myself into a treatment program.
 
F

FKNA

Guest
Nitro....let's put it this way. As you already stated, there WAS a one way sign. You WERE traveling the wrong way on a one way street. This gave the cops probably cause to stop you, therefore the stop was not an illegal stop.

Based on the info you had provided, if you had not been drinking cops may of given you a ticket and that ticket you most likely would of been able to get dismissed. Nonetheless, it was a legal stop therefore everything that was found afterwards (you being drunk) makes all his findings admissable in a court of law.
 
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Nitro

Guest
reply

My problem with this is that the sign was not visible to traffic coming from my direction, and the law states that rules applying to traffic directions will not be enforced if traffic control devices are not plainly legible and visible to an ordinarily observant person. They also say that, in this situaution, disobeying trafic control devices is not considered prima facie evidence for probable cause. I took pictures of the scene, and polled some passersby and they said they could not see any signs.
 
F

FKNA

Guest
Nitro...let me ask you this. I know where you came out and turned onto the street that the sign was not clearly visible. But if you were to drive down in either direction of the street would you come across a sign that is clearly visible?
 

racer72

Senior Member
I would bet the traffic control devices are plainly visible to those going the right direction on the street.
And to add a little something to the drunk boating that a poster was charged with. My sister was also cited for operation of a marine vessel while intoxicated and wreckless operation. She plead guilty to the wreckless operation and was given a choice of 30 days in jail or 30 days of home detention. She chose the home detention. Part of the sentence allowed the court to remove the following from her home: her 36" television, her computer, all the alcohol in the residence (over 200 bottles of booze!) and they even took the pump to her hot tub so she can't use it. They booted her car so she won't be tempted to drive and she is required to answer her phone within 3 rings. She works as a bartender (that why she has all the booze) and can't go to work either. Her husband can't have any booze in the house either. Personally, I think it is hilarious.
 
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Nitro

Guest
reply

That is what I'm trying to say. The one-way is a side street off of a main street. I turned right onto the one way. The sign is parallel to the one-way, and facing the oppsite direction from the one from which I came. It is also not visible facing the one-way street. There are three possible ways of entering this street, and the one-way sign is visible only from one of them. Does that make it a little bit more clear?
 

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