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Message

re: Jury trial vs only a judge

Posted on 3/11/24 at 12:04 pm to
Posted by LSUtwolves
Member since Jun 2016
878 posts
Posted on 3/11/24 at 12:04 pm to
quote:

True or the flip side. You only need one that worships MADD


It’s 2024. You don’t have to be a fanatic or a member of a group to know driving drunk is fricked up
Posted by csgau
On the dock of the Bay
Member since Jan 2014
582 posts
Posted on 3/11/24 at 12:05 pm to
Bench trials are good for things that are overly technical or rely on confusing law that jurors won’t understand

Jury system is horrible. To many morons. 3 Judges for all cases except Capital crimes, then 5. Majority rules
Posted by JDPndahizzy
JDP
Member since Nov 2013
6447 posts
Posted on 3/11/24 at 12:05 pm to
quote:

dude got arrested for 3 DUIs


Does seem excessive.. I work with a guy who has 9.. Most were way back when nobody enforced them. He didn't drink for 20+ years and just started drinking again. I'm waiting for it..
Posted by Lake08
Member since Jun 2023
560 posts
Posted on 3/11/24 at 12:10 pm to
This is his 2nd. First was 30 years ago
Posted by jcaz
Laffy
Member since Aug 2014
15650 posts
Posted on 3/11/24 at 12:14 pm to
Was he drinking?
Or was it one of those where you blow zeroes but cop’s ego says you are high and you get arrested anyway?
Posted by Joshjrn
Baton Rouge
Member since Dec 2008
27099 posts
Posted on 3/11/24 at 12:15 pm to
Is this in Louisiana or Texas?
Posted by Lake08
Member since Jun 2023
560 posts
Posted on 3/11/24 at 12:18 pm to
Located in Texas. Blew .07 at the county jail. Cop was hiding by the bar he was at. Reason for being pulled over?? No front license plate. Cop knew he was at a bar
This post was edited on 3/11/24 at 12:21 pm
Posted by deltaland
Member since Mar 2011
90723 posts
Posted on 3/11/24 at 12:50 pm to
Odds are better to convince one out of 12 rather than all in on one judge.

Unless you have a good attorney who knows the judge well and can get it adjudicated
Posted by idlewatcher
County Jail
Member since Jan 2012
79258 posts
Posted on 3/11/24 at 12:57 pm to
quote:

I did tell him his attorney blows


Based on what exactly?
Posted by Jack Bauers HnK
Baton Rouge
Member since Jul 2008
5717 posts
Posted on 3/11/24 at 12:59 pm to
quote:

Located in Texas. Blew .07 at the county jail. Cop was hiding by the bar he was at. Reason for being pulled over?? No front license plate. Cop knew he was at a bar


This is why you only do one illegal thing at a time. And .07 at the county jail is probably a good bit lower than what it actually was when he got behind the wheel.

If a cop wants to catch drunks driving, going where the drunks are makes good sense.
Posted by Murtown
OT Ballerville
Member since Sep 2014
1609 posts
Posted on 3/11/24 at 1:06 pm to
quote:

.07 at the county jail is probably a good bit lower than what it actually was when he got behind the wheel.


Not according to the rising BAC defense. Have to hire an expert for that though.
Posted by Lake08
Member since Jun 2023
560 posts
Posted on 3/11/24 at 1:07 pm to
Actually not true. IT’s medically proven that your BAC actually hits its peak a couple hours after you stop drinking
Posted by lsufball19
Franklin, TN
Member since Sep 2008
64840 posts
Posted on 3/11/24 at 1:34 pm to
quote:

Cop was hiding by the bar he was at. Reason for being pulled over?? No front license plate. Cop knew he was at a bar


Still a valid traffic stop. Him hiding and knowing he was leaving the bar doesn't make the stop bad
quote:

Blew .07 at the county jail.

Which means at the time of the stop his BAC was, more than likely, >=.08
This post was edited on 3/11/24 at 1:40 pm
Posted by lsufball19
Franklin, TN
Member since Sep 2008
64840 posts
Posted on 3/11/24 at 1:43 pm to
quote:

IT’s medically proven that your BAC actually hits its peak a couple hours after you stop drinking

30 to 120 minutes. It's a range, not a flat 2 hours. Can your friend prove when his last drink was? Because it's also medically proven that once it hits its peak, it begins to drop over time. The rising BAC theory isn't a get out of jail free card for borderline DUIs
Posted by redstick13
Lower Saxony
Member since Feb 2007
38553 posts
Posted on 3/11/24 at 1:49 pm to
quote:

This is why you only do one illegal thing at a time


Wise words here.
Posted by JDPndahizzy
JDP
Member since Nov 2013
6447 posts
Posted on 3/11/24 at 1:58 pm to
quote:

No front license plate.


They love the little light on the rear license plate too!!
Posted by rundmcrun
Member since Jan 2024
300 posts
Posted on 3/11/24 at 2:00 pm to
quote:

Thus, it's hard to see a really good reason to go to trial unless you weren't drinking, at all, the day/night you were arrested, and you are pretty damn certain you can establish that


Backwards think.

It's not your job to prove you weren't drinking at trial. It's the states job to prove you were.

Assuming you were smart and either blew zero or didn't blow, and didn't subject yourself to voluntary subjective field tests, and generally kept your mouth shut, you should have no problem at trial assuming the DA even wants to go that far.
Posted by redneck
Los Suenos, Costa Rica
Member since Dec 2003
53617 posts
Posted on 3/11/24 at 2:06 pm to
You are fricked either way nowadays. After having served on a jury last year that had 4 liberals that wanted to make decisions based on emotions instead of facts I would be terrified if I had to stand trial in front of a jury or judge nowadays.
This post was edited on 3/11/24 at 4:01 pm
Posted by TankBoys32
Member since Mar 2019
2816 posts
Posted on 3/11/24 at 2:15 pm to
Go with the jury
Posted by Gris Gris
OTIS!NO RULES FOR SAUCES ON STEAK!!
Member since Feb 2008
47402 posts
Posted on 3/11/24 at 2:37 pm to
quote:

Located in Texas. Blew .07 at the county jail. Cop was hiding by the bar he was at. Reason for being pulled over?? No front license plate. Cop knew he was at a bar




Why does any of that matter? Cop may have saved a life or two.
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