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re: Wondering what penalty DWI + battery of police officer might be

Posted on 7/16/17 at 2:35 am to
Posted by Ed Osteen
Member since Oct 2007
59346 posts
Posted on 7/16/17 at 2:35 am to
Thanks?
Posted by SlapahoeTribe
Tiger Nation
Member since Jul 2012
12722 posts
Posted on 7/16/17 at 3:09 am to
quote:

Got me wondering what exactly would constitute "battery of a police officer"? Could it be something as minor as a little shove? Or would the drunk young lady have had to actually somehow cause harm to the officer?
Could be just about anything. There have been a few cases where someone was charged because they blew smoke into a cops face. Remember when that cop wanted a guy charged with assault because he farted in the cops car?
Posted by mdomingue
Lafayette, LA
Member since Nov 2010
48625 posts
Posted on 7/16/17 at 7:59 am to
quote:

Remember when that cop wanted a guy charged with assault because he farted in the cops car?



Hey, I know some guys for whom that would be a legitimate charge! They are rank, especially when alcohol is thrown in the mix.

But my guess is he put his hand on her (not necessarily in an inappropriate place, maybe on her arm to steady her or direct where she should position herself) and she slapped it away.

ETA: above scenario would technically be both resisting and battery
This post was edited on 7/16/17 at 8:00 am
Posted by TaderSalad
mudbug territory
Member since Jul 2014
26690 posts
Posted on 7/16/17 at 8:04 am to
Varying degrees of battery on a police officer. 1 can be a misd and the other two can be felonies. Misd could be shoving or pushing. The felonies must show bruising etc. Same with us commoners...
Posted by MikeBRLA
Baton Rouge
Member since Jun 2005
17242 posts
Posted on 7/16/17 at 8:41 am to
The punishment from the law isn't going to be nearly as severe as having this on her record will affect her ability to get a job.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
481186 posts
Posted on 7/16/17 at 8:44 am to
quote:

what exactly would constitute "battery of a police officer"?

it could be a LOT of things

i actually had to help on a battery on a police office trial when i was a baby lawyer b/c it's one of the few misdemeanors in LA with a mandatory minimum. oh, and the cops completely fabricated a story...that too

we lost

i'm still sore about it
Posted by Nativebullet
Plano, TX
Member since Feb 2011
5171 posts
Posted on 7/16/17 at 8:51 am to
quote:

Got me wondering what exactly would constitute "battery of a police officer"? Could it be something as minor as a little shove? Or would the drunk young lady have had to actually somehow cause harm to the officer?


she could have also spit or thrown crap on the officer. I believe by looking at her she probably spit.
Posted by supadave3
Houston, TX
Member since Dec 2005
32415 posts
Posted on 7/16/17 at 8:51 am to
I've received all kinds of crazy charges before when getting a DWI and they were always dropped when I plead to the DWI. That's all they want is a guilty plea and a high bond after arrested.
Posted by adamb2151
Houston, Texas
Member since Jun 2013
6586 posts
Posted on 7/16/17 at 10:42 am to
When you resist or make officers jobs difficult, they are going to arrest you with every charge that they can construe from the events. Doesn't mean you will be prosecuted for all of them. They usually get thrown out or used as a bargaining chip to get a guilty plea for the main charge. The more charges, the easier the prosecuters job is and the more money the court saves.
Posted by LSUGrad9295
Baton Rouge
Member since May 2007
38333 posts
Posted on 7/16/17 at 10:58 am to
quote:

When you resist or make officers jobs difficult, they are going to arrest you with every charge that they can construe from the events


This is what I figured. The gal must have thrown quite a hissy-fit. I can't imagine a 21 year old girl would have been difficult for a cop to subdue, but it appears she made it harder than it had to be.

Luckily I've got very limited experience with cops in situations like this (just one), but what I learned was this: if you don't act like an a-hole to the cop, you have a much better chance of a positive outcome in the end.
Posted by saintsfan1977
Arkansas, from Cajun country
Member since Jun 2010
10513 posts
Posted on 7/16/17 at 11:13 am to
quote:


Got me wondering what exactly would constitute "battery of a police officer"?


Years ago I got I was charged with dui and assault and battery on 2 police officers. I resisted arrest and punched 2 of them. The only thing I got was a few bruises from them. No dui, no court, nothing.
Posted by LSUGrad9295
Baton Rouge
Member since May 2007
38333 posts
Posted on 7/16/17 at 11:36 am to
quote:

I resisted arrest and punched 2 of them. The only thing I got was a few bruises from them. No dui, no court, nothing.


You are obviously leaving out some of the story....
Posted by saintsfan1977
Arkansas, from Cajun country
Member since Jun 2010
10513 posts
Posted on 7/16/17 at 11:42 am to
quote:

You are obviously leaving out some of the story....


Cop has lights on behind me as in pursuit. Another cop comes out of a side road in front me. I slam my brakes so I dont tbone him. Cop in pursuit slams into the back of me.
Posted by LSUGrad9295
Baton Rouge
Member since May 2007
38333 posts
Posted on 7/16/17 at 1:50 pm to
quote:

Cop has lights on behind me as in pursuit. Another cop comes out of a side road in front me. I slam my brakes so I dont tbone him. Cop in pursuit slams into the back of me.



That sounds like the mother of all clusterfricks for all parties involved...so I can see where everyone might have been willing to "compromise"
Posted by saintsfan1977
Arkansas, from Cajun country
Member since Jun 2010
10513 posts
Posted on 7/16/17 at 2:08 pm to
it was no compromise. They didnt tell me to go home. They put me in jail uner a whole bunch of charges. Im sure when the DA looked at the clusterfrick he threw it out knowing he couldnt win.
This post was edited on 7/16/17 at 2:11 pm
Posted by shawnlsu
Member since Nov 2011
23682 posts
Posted on 7/16/17 at 2:18 pm to
How does a 21 year old chick not have a FB account?
Posted by Spankum
The Sip
Member since Jan 2007
63296 posts
Posted on 7/16/17 at 2:30 pm to
quote:

Wondering what penalty DWI + battery of police officer might be by LSUGrad9295


unfortunately, where a 21 year old girl is involved, the major deciding factor in the penalty would be who her daddy is.
Posted by vodkacop
Louisiana
Member since Nov 2008
8050 posts
Posted on 7/16/17 at 3:48 pm to
It could be anything from poking him with her finger to punching him. Cops will charge you with everything they can and let the DA figure it out.
Posted by Open Dore Policy
The Commodore State
Member since Oct 2012
5451 posts
Posted on 7/16/17 at 3:51 pm to
quote:

Got me wondering what exactly would constitute "battery of a police officer"



I bet she took it right out if his flashlight.
Posted by Pico de Gallo
Member since Aug 2016
1894 posts
Posted on 7/16/17 at 4:06 pm to
Operating a vehicle while intoxicated, failure to maintain control (careless operation), resisting an officer and battery of a police officer.

Arrested by Louisiana State Police. Bond was apparently set at or around $11,500.

They don't usually play around.
This post was edited on 7/16/17 at 4:08 pm
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