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Started By
Message
re: Can Anyone Recommend a TX DUI Lawyer (San Antonio Area)
Posted on 7/8/20 at 9:55 pm to TigerFanInSouthland
Posted on 7/8/20 at 9:55 pm to TigerFanInSouthland
quote:
quote:
Also, I didn’t say no to the blood test, I simply asked to speak to legal counsel before doing so.
I’m confused about this part. Why did no attorney show up
Beats the shite out of me.
0
Posted on 7/8/20 at 9:56 pm to Tortious
quote:
Right. They don't ask it like that where you have to actually consent to waive your 4th Amendment rights for a search of your care. They do it much more subtle fashion - can I talk to you for a second, where you going/coming from, have you been drinking, hey would you mind coming over here for a moment, etc.? All of that is on tape and that is why they do it. All of that is basically consenting.
Which is why, when dealing with cops, give them your ID, registration, and insurance and then shut the frick up. That whole “anything you say can and will be used against you in a court of law” ain’t no fricking joke. If you do say anything in that instance, it should be “I have not had anything to drink, I have taken no drugs, I am sober.”
Always maintain your innocence.
This post was edited on 7/8/20 at 10:07 pm
Posted on 7/8/20 at 9:56 pm to lsutiger2010
Which I hadn’t.
Posted on 7/8/20 at 9:57 pm to Corkfather
quote:
I take prescription medications (many people here know why) that I was afraid would show up on the blood test and be used as evidence of intoxication.
One, you said you hadn't taken it. Two, depending on what it is if you had taken it then you are guilty of what they accused you of. I'm still feeling as you aren't being very forthright.
Also, if the person saw you swerve how could they not hear the horn as well?
Posted on 7/8/20 at 9:57 pm to TigerFanInSouthland
quote:
’m confused about this part. Why did no attorney show up?
Because they will still take you downtown. Your mere silence invoking the right to counsel doesn't mean you won't be arrested. All it means is you don't have to say anything until counsel arrives. You still get pinched you just don't have to self incriminate. I am caught standing over a smoking gun with 2 slugs in a dead body and I invoke they can't arrest me?
. Posted on 7/8/20 at 9:58 pm to TigerFanInSouthland
Honestly even if I knew I could refuse the field sobriety I probably wouldn’t have because I knew there was no way in the world I would fail, considering I was fricking sober and would have walked away clean after whereas had I denied it I would have been taken to jail regardless no?
Posted on 7/8/20 at 9:59 pm to Tortious
quote:
Because they will still take you downtown. Your mere silence invoking the right to counsel doesn't mean you won't be arrested. All it means is you don't have to say anything until counsel arrives. You still get pinched you just don't have to self incriminate. I am caught standing over a smoking gun with 2 slugs in a dead body and I invoke they can't arrest me? .
I took what he said to mean that he asked for the atty after he was arrested and already at the station.
Posted on 7/8/20 at 10:01 pm to Mingo Was His NameO
quote:
One, you said you hadn't taken it. Two, depending on what it is if you had taken it then you are guilty of what they accused you of. I'm still feeling as you aren't being very forthright.
I hadn’t taken my dosage for that day yet, it was 10AM, why would I take a medicine I’m prescribed at bedtime at 10AM?
Posted on 7/8/20 at 10:02 pm to TigerFanInSouthland
I asked for the attorney when they asked on the side of the road before the arrest and after when they came into the jail cell to ask again for a specimen.
I was also questioned in the jail without being given a Miranda warning.
I was also questioned in the jail without being given a Miranda warning.
This post was edited on 7/8/20 at 10:04 pm
Posted on 7/8/20 at 10:02 pm to Corkfather
quote:
Honestly even if I knew I could refuse the field sobriety I probably wouldn’t have because I knew there was no way in the world I would fail, considering I was fricking sober and would have walked away clean after whereas had I denied it I would have been taken to jail regardless no?
If they take you to jail and have no actual evidence from a field sobriety test, you didn’t blow, didn’t give them a blood test, and maintained that you were stone cold sober, they’d have a very hard time winning that court battle.
When they give you the field sobriety test, that means they’re looking for any reason to take you in. Even for the slightest mistake.
Posted on 7/8/20 at 10:03 pm to Corkfather
quote:
I hadn’t taken my dosage for that day yet, it was 10AM, why would I take a medicine I’m prescribed at bedtime at 10AM?
To get fricked up I guess, I don't know
Posted on 7/8/20 at 10:03 pm to Corkfather
quote:
I asked for the attorney when they asked on the side of the road before the arrest and after when they came into the jail cell to ask again for a specimen.
Ohhh, ok I gotcha.
Posted on 7/8/20 at 10:04 pm to Mingo Was His NameO
quote:
To get fricked up I guess, I don't know
I was an hour into a 9 hour drive to go to work, not exactly prime time to get fricked up for me.
Posted on 7/8/20 at 10:05 pm to TigerFanInSouthland
quote:
That whole “anything you say can and will be used against you in a court of law” ain’t no fricking joke
It is so self-evident I don't understand why people don't get it. Miranda rights tell you this. No matter what you say, try to explain or reason away, it will be interpreted against you. Trying to talk you way out of something is by definition building the case because they told you they would use it against/adverse to you. It serves no purpose to offer information to get out of it. Of course, there are some instances where you catch a cop who wants to go home to but you are rollin the dice and maybe you can get a
Posted on 7/8/20 at 10:06 pm to Corkfather
quote:
The only evidence they have is the little field sobriety test which I’m trying very hard to understand how I didn’t pass it considering I was fricking sober.
Yeah that’s why you never do those tests
This post was edited on 7/8/20 at 10:09 pm
Posted on 7/8/20 at 10:07 pm to Corkfather
I know y’all wanna believe everyone in the world is a druggie frickup, I used to be one; if I had really been fricked up I would say so. The simple fact of the matter is I was sober.
Posted on 7/8/20 at 10:07 pm to Mingo Was His NameO
quote:
I don't know
A rare moment of clarity.
Posted on 7/8/20 at 10:08 pm to Tortious
Y’all miss the part where I was never read Miranda?
Posted on 7/8/20 at 10:09 pm to Tortious
It’s best to not even take that chance. Never...EVER admit to drinking or taking anything and always refuse any test.
The police aren’t your friends in this type of situation.
The police aren’t your friends in this type of situation.
Posted on 7/8/20 at 10:10 pm to Corkfather
quote:
I would have been taken to jail regardless no?
Yes if the officer thought you were impaired under the statute. You do not need to blow anything or have a specific BAC to get a DUI in Texas. Will you beat it if your facts are correct probably, but it doesn't change you been arrested and charged.
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