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re: DWI lawyer gets arrested

Posted on 3/22/14 at 4:21 pm to
Posted by monsterballads
Make LSU Great Again
Member since Jun 2013
29304 posts
Posted on 3/22/14 at 4:21 pm to
well it's a good thing they stopped this common street thug with her illegal lane change and her wrong address on her license.

whew!
Posted by Old Money
Member since Sep 2012
37507 posts
Posted on 3/22/14 at 4:22 pm to
bullshite arrest
Posted by theenemy
Member since Oct 2006
13078 posts
Posted on 3/22/14 at 4:22 pm to
quote:

police report said he got out the vehicle and told his client to not say anything


Where did you see the arrest report?

I've only seen the news article.
Posted by brass2mouth
NOLA
Member since Jul 2007
19909 posts
Posted on 3/22/14 at 4:23 pm to
quote:

well it's a good thing they stopped this common street thug with her illegal lane change and her wrong address on her license.

whew!




Charges to justify the stop in the first place, well the illegal lane change is anyway. Can't charge him with interfering with a police investigation if there is no investigation.
Posted by monsterballads
Make LSU Great Again
Member since Jun 2013
29304 posts
Posted on 3/22/14 at 4:24 pm to
if he was a cop, he would have been let go. that's already been established in BR.
Posted by Tigershatebama
New Orleans
Member since Feb 2006
264 posts
Posted on 3/22/14 at 4:25 pm to
quote:

If an officer makes a traffic stop it is part of his "official" duties and if he suspected the driver was drunk and performing field sobriety tests, he is investigating. Anyone that interferes with that is breaking the law, lawyer or not.


I would think he would be 'interrogating' at this point, and it would be within the rights of the driver and his lawyer to shut it down to prevent self incrimination.
Posted by brass2mouth
NOLA
Member since Jul 2007
19909 posts
Posted on 3/22/14 at 4:25 pm to
quote:

if he was a cop, he would have been let go. that's already been established in BR.


Oh yeah, no doubt.

BUT he would've been tazed, so you know it works out...
Posted by monsterballads
Make LSU Great Again
Member since Jun 2013
29304 posts
Posted on 3/22/14 at 4:26 pm to
quote:

and it would be within the rights of the driver and his lawyer to shut it down to prevent self incrimination.


but it's not really about rights is it? it's about revenue and the cop knowing the lawyer that has beat him so many times in court.
Posted by theenemy
Member since Oct 2006
13078 posts
Posted on 3/22/14 at 4:26 pm to
quote:

Can't charge him with interfering with a police investigation if there is no investigation.


The traffic stop is the investigation, and warrants the arrest of him.

The law allows the officer to use his discretion on traffic offenses. And if you give the officer a hard time....he probably is not going to give you a warning.

But that is his discretion.
Posted by crimsonian
Florida
Member since Jun 2012
7374 posts
Posted on 3/22/14 at 4:28 pm to
Basically the dirtbag lawyer tried to screw over his "client" and failed to do so.
Posted by monsterballads
Make LSU Great Again
Member since Jun 2013
29304 posts
Posted on 3/22/14 at 4:29 pm to
are you a cop?
Posted by crimsonian
Florida
Member since Jun 2012
7374 posts
Posted on 3/22/14 at 4:30 pm to
Are you a lawyer? Or been arrested?
Posted by theenemy
Member since Oct 2006
13078 posts
Posted on 3/22/14 at 4:30 pm to
quote:

would think he would be 'interrogating' at this point, and it would be within the rights of the driver and his lawyer to shut it down to prevent self incrimination.


Wrong.

For it to be considered an interrogation, the suspect has to be under arrest and at a police facility.

Also, this is not T.V. The attorney cannot "shut it down" only the suspect can invoke his/her rights.

The attorney is allowed access to his/her client through visitation procedures of the jail.
This post was edited on 3/22/14 at 4:32 pm
Posted by crimsonian
Florida
Member since Jun 2012
7374 posts
Posted on 3/22/14 at 4:31 pm to
TV has made it tough for police work. These people will believe anything.
Posted by theenemy
Member since Oct 2006
13078 posts
Posted on 3/22/14 at 4:31 pm to
quote:

are you a cop?

'
Yes, 14 years experience with last 8 years as an investigator.
Posted by RealityTiger
Geismar, LA
Member since Jan 2010
20467 posts
Posted on 3/22/14 at 4:32 pm to
On a sidenote, I know David Rozas. Good guy!
Posted by monsterballads
Make LSU Great Again
Member since Jun 2013
29304 posts
Posted on 3/22/14 at 4:38 pm to
quote:

Interfering with a law enforcement investigation is the intentional interference or obstruction of a law enforcement officer conducting investigative work


quote:

1. at the scene of a crime


at this point, no crime had been committed, only the suspicion of changing lanes without a signal.

quote:

2. the scene of an accident


no accident existed

so basically this interfering law does NOT apply to this situation
Posted by theenemy
Member since Oct 2006
13078 posts
Posted on 3/22/14 at 4:41 pm to
quote:

at this point, no crime had been committed, only the suspicion of changing lanes without a signal.


Which is a violation of a Louisiana law. Warranting a traffic stop in which the officer suspects the driver of being intoxicated and initiates a roadside DWI investigation.

This has been upheld by the courts numerous times.
Posted by crimsonian
Florida
Member since Jun 2012
7374 posts
Posted on 3/22/14 at 4:42 pm to
You are clueless with law. Do you think when a person gets pulled over for a traffic violation, the occupants of the vehicle can just exit the vehicle and just walk around? Serious question.
Posted by Triggerr
Member since Jul 2013
1926 posts
Posted on 3/22/14 at 4:42 pm to
She wasn't drunk, so guy gets a designated driver and still gets pissed on. Guess you can't win around here
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