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equal justice or selective discrimination

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T

tested

Guest
What is the name of your state New Jersey

After reading this do you feel that i should tell my counsel of this????



Recently my wife and I went out to a friends for dinner> after words 3 couples went to a local tavern. Durring the evening i consumed 3 drinks I know what your thinking and realy i wouldnt belive it either but what im saying is factual. After leaving we encountered a road block when asked if i had anything to drink i replied yes early in that evening i was not or did not feel intoicated. after i was ordered to the side of the road and also ordered not asked ordered to perform the road side test
The test did not follow in any way the standards which now are suposidly in place any how needless to say after being arrested
i was brought in for the breathalizer. Now we are in our 40s im a profesional as well as my wife new car dressed nicely very coropitve actualy scared and my test comes back and the officer tells me that I failed!!! Now comes the realy good part keep reading while being proceesed and charged with dwi and reckless driving. I see them bring in someone i know his girl friend has a daughter that plays with my son every day. They live in back of me in an apartment complex. I see this person a week later i say to him
Did you have fun he answers yes. He tells me this
they were out and he got preety fired up as he rounded the bend
He saw the road block. He quickly turned his vehical around a old and i do mean old beat up pickup and takes off. He tells me that he has a bench warant on him for non payment of child support. They witness him and give chase when they pull him over. They ask for his credentials he gives them a false name his brothers and no credentials at all . They see hes a bit buzzed and order him to do the road side. After reacherching this i inform him that they are from what i understand suposed to ask among other things they they dont adhere to. He jokingly tells me he failed and they bring him in. Im sitting there when they tell him they know who he is and they give him the breathalizer he tells me he asks the cop and the cop tells him .11 .12
They have the warant on him and they throw him in county jail
Now heres the good part this man is realesed 5 days latter they hand him his summons so i say to him whos your attourney
He tells me he dosent need 1 hes just going to pay the tickets no big deal he was issuued::::no licience ,no insurance, no regestration, All of which he does have!!!Evading by giving them false id. I ask what about the dwi and tells me what dwi they did not give him the dwi
This story is factual.
his court date is on the 19 of this month mine on the 9th of october arainmnt was 3 days after the ticket 9/4 and im at aloss

What would you propose as my options concerning this type of obvious reverse discremination.
Do i pursue this ??
It is obvious that they did not ticket him bassed most likely on financial ability to pay. He has enough prblems
Who are they to judge???
How do they know
Isnt it the job of prosicution????



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stephenk

Senior Member
Forgetting about the story of your friend for a moment, is there anything you are disputing about your arrest and charges?

What did your breathalizer say?

What is happening to your friend (as he explains it) has nothing to do with your case. You cant argue that you are not guilty because someone else was not charged the same as you.
 
T

tested

Guest
Well thank you and if you must know and im sure you as well as anyone will belive this to be a lie but thats ok!!!The most im[portant person in my life knows its true she was there Thank god. LOLOLO they said that i blew a.14 bac which with my body weight is about 9 shots in one hrs time. Damn sounds like a party to me also. Hell drive i couldnt walk to the car. Yes we are hard at work filling motions to supress and also full discovery for 1 the road block which is covered under state vs hart and the 13
things they must prove they had in place for a road block including advertising in the paper.
My real concern is this The judge answers to the city councel for revenues now when a police department takes 2 men gives them both testing and both fail for dwi and makes there own judgement on who they will charge with the crime of dwi. Then there is the distinct and very real posabilty that they are not judgeing you on guilt they are judgeing you on apperance .
And beings im the one in the new car and nice clothes then maybe im the one they charge based on social standing
If they charged him an argument can be made saying oh what
You dont charge the guy with the fancy car he must have money
What if i were black or spanish or just to damn short
The simple fact is the police should not be able to show any and i do mean any discrimnation an a charge as devasting as dwi can be in NJ
If you fail the roadside test and are brough in and given the breath alizer and fail that
What posably would be there reason other than stated to not isue him the dwi any Please give me 1 same road block same time of nite
Please answer
 

HomeGuru

Senior Member
stephenk said:
Forgetting about the story of your friend for a moment, is there anything you are disputing about your arrest and charges?

What did your breathalizer say?

What is happening to your friend (as he explains it) has nothing to do with your case. You cant argue that you are not guilty because someone else was not charged the same as you.

**A: I totally agree.
 

stephenk

Senior Member
If you were acting in front of the police the same way you type your messages I can see why they thought you were under the influence of something. It is very difficult to make out what you are ranting about since you dont use punctuation and you jump from subject to subject.

Other than your "friend" telling you how he got arrested is there any other facts that support his version of his arrest. Are you monitoring his case too?

Is your defense going to be that yes you were drunk but your friend was also drunk and he isnt being charged and you want the same deal? Have you considered maybe the evidence collection in your friend's case may have problems and therefore he isnt being charged or how about this, your friend is giving you a bull**** story about his situation.
 
T

tested

Guest
Well it seams that cadguy was right after all!!!!!
Sorry i didnt take typing in high school.
As far as puncuation you think your a smart guy figure it out!!!
And as far as legal advice and what is my defence.
There are tons of defences concerning any and i do mean any roadblock. All of which not one of you have mentioned.
What i came here for is to see if there was one lawer that would give his opinion on the obvious. Or do i need to SPELL that out for you!!!!!!So you keep giving such brialiant advice like get a lawer.
To do what file motions to surpres .DAAAAA
Hows about getting blood work done even 2 weeks after the summons.
Do you know the answer to that one???????
Or maybe that the nhsa has standards and that every cop now is trained to and must pass a test for giving you a roadside in which if hes been trained getting full documantaion of his classes
His 20 to 30 test subjects and very simply put if he does not give you the test that he is trained to give it has no scientific value and considered mute which then gives him no probable cause to bring you in.
Or for you bright guys in here. Specificaly
If you take the horizontal gaze nystagmus
And he does not instruct you to first touch the pen or light
and then which none of them do which makes the whole test
invalid.
PLACE YOUR chin ON YOUR 2 Fist so that you dont move your head. It is worth less.
And they all trick you up on the walk the line by instucting you to do an about face after the 9 steps. And they are tought to teach you a 3 small step turn. and that the most valuable part of this test is not walking the line it is when he instucts you to stand in place and not start the test till he tells you to.
Your ability to take instuction!!!!!!!!!!
So when someone has something intelagent to say addressing the police miscunduct let me know
Thank you all for such inlighning information
 
T

tested

Guest
Oh and Ps::::As far as the friend is concered my council has offered to reveiw his case
Do you know why ????
Ill give you this one for free.
Even though he was seen turning around before he reached the road block IE the road is to narow to do any other turn other than a 3 point turn. LEGAL TURN
It is not ilegal to turn around there for they may follow you but they still can not pull you over without probable cause
Even if they know you did it to avoid the road block.
Now i know what you are thinking theres my answer to why they didnt give him the dwi Wrong they still isued trafic violations
which again shows there intent to just make money!!!
 

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