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trippinballs420
Samall Johnson



Registered: 09/17/12
Posts: 11,903
Loc: CO
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Re: Ask an attorney [Re: Enlil]
#19929659 - 05/01/14 10:50 PM (9 years, 8 months ago) |
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hey man, i got a dwai here in the state of colorado about 1.5 months ago. i blew a .078 at the scene, asked for a blood test, about 40 mins later got the blood drawn and havent recieved the results yet.
i was speeding, doin 58 in a 40 and didnt have a current insurance card on me, so got a ticket for that too. how fucked do you think i am? im not gettin a lawyer and goin in on this alone so any advice is appreciated...let me know if you need any more information
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trippinballs420
Samall Johnson



Registered: 09/17/12
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Quote:
jboredone said:
Quote:
trippinballs420 said: hey man, i got a dwai here in the state of colorado about 1.5 months ago. i blew a .078 at the scene, asked for a blood test, about 40 mins later got the blood drawn and havent recieved the results yet.
i was speeding, doin 58 in a 40 and didnt have a current insurance card on me, so got a ticket for that too. how fucked do you think i am? im not gettin a lawyer and goin in on this alone so any advice is appreciated...let me know if you need any more information
.08 or less is legal in most states....
not really tho....there is usually a .05 or .06 limit for DWI, then .08 for DUI
-------------------- ModestMouse said: "Much love for all of the regs here that's all I got to say
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trippinballs420
Samall Johnson



Registered: 09/17/12
Posts: 11,903
Loc: CO
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damn dude then i woulda beeen okay there i guess....thats gay
i might be losing my license (ill prob still drive if i need/want to) but we'll see what happens i guesss.
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trippinballs420
Samall Johnson



Registered: 09/17/12
Posts: 11,903
Loc: CO
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Re: Ask an attorney [Re: Enlil]
#19940025 - 05/04/14 12:39 PM (9 years, 8 months ago) |
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Quote:
Enlil said:
Quote:
trippinballs420 said: hey man, i got a dwai here in the state of colorado about 1.5 months ago. i blew a .078 at the scene, asked for a blood test, about 40 mins later got the blood drawn and havent recieved the results yet.
i was speeding, doin 58 in a 40 and didnt have a current insurance card on me, so got a ticket for that too. how fucked do you think i am? im not gettin a lawyer and goin in on this alone so any advice is appreciated...let me know if you need any more information
The speeding and insurance tickets are what they are. If you had insurance at the time, and just didn't have the card, usually you can get that dropped by bringing it to court.
The DWAI is pretty hard to fight because the BAC limit is .05% which is very low. If you're over that threshold when committing another violation (the speeding, for instance), they can infer that your abilities were impaired. You can argue otherwise, however, and speeding isn't a particularly strong indicator of impairment. In fact, I'd argue the opposite.
Having said that, this could go either way, and I really don't recommend you trying to argue the DWAI pro se. You're at a real disadvantage doing so, IMO. It leaves you vulnerable because you'll have to do most of the talking. If within that talking, you begin testifying, then you'll be forced to answer questions about how much you had to drink and when, etc. Prosecutors can make this look pretty bad for you.
On the other hand, a lawyer could cross examine the cop and pretty much get him to support the argument that you weren't impaired. He'll ask the cop about your speed, etc, and his experience with impaired drivers and whether they tend to drive over the speed limit. He'll then ask how many speeding tickets he writes a week and how many of them were impaired. The argument can be made that speeding isn't indicative of impairment at all because most speeders aren't impaired and most impaired people don't speed.
You CAN argue the same thing, but you're going to have to be very careful not to put yourself into the position of testifying. If the cop says something that's not true, you can cross examine him on it, but you can't say "judge, it didn't happen that way" because you're making yourself a witness.
Bottom line, however, is that the DWAI isn't as bad as the DUI. You might still keep your license if you haven't already racked up points.
thanks man, i'll be sure to take my insurance card with me to court. ive been stressin about this and you sorta made it seem a lot more manageable.
im working on trying to get a lawyer....do you think it would be worth it to pay 2500-3k flat rate for them to take it on? will i get a much lighter sentence?
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trippinballs420
Samall Johnson



Registered: 09/17/12
Posts: 11,903
Loc: CO
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Re: Ask an attorney [Re: Enlil]
#19942558 - 05/04/14 11:55 PM (9 years, 8 months ago) |
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okay so i think im gonna get a lawyer now....any advice on what to look for in a good lawyer? or how to find one? i was gonna prob just google
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trippinballs420
Samall Johnson



Registered: 09/17/12
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Loc: CO
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okay so to update my DWI situation...court got post poned again... my lawyer is trying to get it plead to reckless driving but we'll see
whats the likely hood i get reckless driving? my BAC was .059 and i didnt cause an accident...i was speeding and got pulled over
oh in colorado
-------------------- ModestMouse said: "Much love for all of the regs here that's all I got to say
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trippinballs420
Samall Johnson



Registered: 09/17/12
Posts: 11,903
Loc: CO
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Re: Ask a defense attorney [Re: johnm214]
#20240327 - 07/08/14 01:24 AM (9 years, 6 months ago) |
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first off, i would like to thanks you Enlil for all the help you give all the shroomerites.
so i have a question....i live in colorado, with a medical marijuana card, and an extended plant count (i can grow 75 plants)
apparently a bunch of people got pissed so many people had extended plant counts, they are no longer really recognizing the plant counts (the police)
if i were growing 50 plants within the medical marijuana regulations how good of a chance would i have in court of getting off, by proving i needed those 50 plants to make the proper amount of tincutes, topicals, extracts, concentrates etc...
also is the medical marijuana registry protected by HIPAA?
-------------------- ModestMouse said: "Much love for all of the regs here that's all I got to say
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trippinballs420
Samall Johnson



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Re: Ask a defense attorney [Re: Juicin]
#20243215 - 07/08/14 04:47 PM (9 years, 6 months ago) |
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because the police decided to not recognize extended plant counts
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trippinballs420
Samall Johnson



Registered: 09/17/12
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Loc: CO
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Re: Ask a defense attorney [Re: Juicin]
#20244569 - 07/08/14 08:42 PM (9 years, 6 months ago) |
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sorry im high and this info was relayed through someone.....it seems as though the dept of health is requiring more documentation for extended plant counts to be legit now i guess?
http://www.denverpost.com/news/ci_25471162/crackdown-could-trim-thousands-colorado-medical-marijuana-plants
http://www.hightimes.com/read/medical-marijuana-plant-count-crackdown-colorado
say im already growing my 75 im allowed to, do i have to chop them now? how can i prove that many plants is useful and appropriate for concentrates? in court would it be upheld if i got a decent lawyer?
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trippinballs420
Samall Johnson



Registered: 09/17/12
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Re: Ask a defense attorney [Re: Enlil]
#20922176 - 12/03/14 11:26 AM (9 years, 1 month ago) |
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say you are an aggressive driver, and you tailgate someone or do whatever that is technically a driving infraction and they get pissed off and you speed away....they take down your tag number and call the police and report the tag number and aggressive driving.
what can happen? can they send you a warning via mail? can they get a cop down the road to pull you over even if you arent breaking any laws when they see you just because there was a report of you driving aggressively?
-------------------- ModestMouse said: "Much love for all of the regs here that's all I got to say
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trippinballs420
Samall Johnson



Registered: 09/17/12
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Loc: CO
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Re: Ask an Attorney [Re: Ego Trip]
#21067742 - 01/04/15 07:37 PM (9 years, 25 days ago) |
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No, he cant get in any legal trouble for ODing on heroin as long as there isnt any on him. the doctor would be breaking the hippocratic oath and law by telling the police anything about his medical records, including what was in his system, because they A. arent conducting an investigation and B. dont have a warrant/subpeona (sp?)
correct me if im wrong though enlil, as you are the man when it comes to these things
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trippinballs420
Samall Johnson



Registered: 09/17/12
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Loc: CO
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Re: Ask an Attorney [Re: johnm214]
#21075494 - 01/06/15 06:55 AM (9 years, 23 days ago) |
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Damn...I was under the impression that medical records were something that they need a subpoena/warrant for, and that the hippocratic oath was more law than an oath. I always thought if a doc broke that they like lost their license to practice medicine or something.....didn't realize it was such a bs front
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trippinballs420
Samall Johnson



Registered: 09/17/12
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Loc: CO
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i was thinking of HIPAA not the hippocratic oath 
Quote:
The Health Insurance Portability and Accountability Act of 1996 (HIPAA), 42 U.S.C. 1320d and the following sections, protects an individual’s private health information from release to unauthorized persons. The act’s Privacy Rule is designed to balance the interests of patient care against the patient’s right to confidentiality, and protects all "individually identifiable health information" held or transmitted by a covered entity in any form.1 This rule is applicable only to covered entities, which include health-care providers, health plans, and health-care clearinghouses.2 A covered entity that violates HIPAA’s Privacy Rule may face civil or criminal penalties, depending on the circumstances of the disclosure.
What do HIPAA and the Privacy Rule mean to law enforcement officials who are investigating crimes that involve injury to victims and who cannot obtain victim consent for the release of protected health-care information? Due to legitimate investigative concerns, HIPAA carves out very specific exceptions for law enforcement access to medical information, and agency personnel must be aware of them and their requirements to access confidential patient information when consent cannot be obtained.
Law Enforcement Disclosure Exceptions
Under HIPAA’s general rules, a covered entity is authorized to release protected health information if it meets specific requirements established by the code and if the entity provides the individual an opportunity to agree or object to the authorization.3 The rules further allow covered entities to disclose protected health information to law enforcement officials, without the patient’s written consent, when the information is released under any one of the following conditions:
The disclosure is required by state law, including the reporting of injuries such as gunshots or stab wounds.4
The disclosure is necessary to comply with a court order or a court-ordered warrant, a subpoena, or a summons issued by a judicial officer or a grand jury.5
The disclosure is in response to an administrative request, such as an administrative subpoena, investigative demand, or other written request from a law enforcement official. Law enforcement officials can make this request without judicial involvement but must include a written statement that the information is relevant and material to a legitimate law enforcement inquiry, that it is specific and limited in scope, and that information is stripped of personal identifiers that cannot be used.6
The disclosure is in response to a request for information to identify or locate a suspect, fugitive, witness, or missing person.7 The information released is limited to pedigree information, injury type and date of treatment, date and time of death, and any distinguishing physical characteristics. The covered entity is not authorized to release an individual’s DNA or dental records in these circumstances. A covered entity may also release such information if an individual admitted to committing a violent crime and the entity believes that this person may have caused serious physical harm to the victim.8
The disclosure is required by law enforcement to investigate a possible violation of law, and the victim cannot consent due to emergency or incapacity. In this instance, law enforcement agencies cannot use the information against the victim and must show that waiting for victim consent will materially and adversely affect the investigation (the covered entity must judge that it is in the victim’s best interest to release the information).9
The situation involves child abuse or neglect,10 adult abuse, neglect, or domestic violence as required by law,11 or where law enforcement officials are notified of a suspicious death possibly involving criminal activity.12
If a health-care provider is rendering emergency services off its premises, it may disclose protected health information to the extent necessary to alert law enforcement officials to the commission, nature, or location of a crime or a crime victim as well as the identity, description, and location of the perpetrator.13 It should be noted that the release of private health-care information to law enforcement officials by a covered entity does not authorize those officials to disseminate the records beyond what is needed for the investigation or in court proceedings.
State Law
HIPAA establishes minimum requirements for the release of protected health information. Where state law runs contrary to these requirements, it is preempted by the federal requirements. If state law relating to patient information affords greater protection to the individual, state law rules. Such preemption is applicable where it is impossible to meet both federal and state requirements. Thus, it is important that law enforcement officials are familiar with the unique requirements of their own states’ health records privacy laws.
Conclusion
Due to the aggressive protection afforded individuals’ health information by both state and federal laws, obtaining a victim’s consent for the release of protected health-care information is the best way for law enforcement officials to gain access to medical records. When this is not possible or where the needed records involve investigation into criminal wrongdoing, ensuring that agency personnel follow HIPAA or state law guidelines will serve to balance the need to protect a person’s privacy against a valid law enforcement need for relevant investigative information. It will also ensure that health-care entities and their employees cooperate with law enforcement requests for protected information.
so they need a warrant/subpeona EXCEPT for certain circumstances (which im sure they could find some reason)
-------------------- ModestMouse said: "Much love for all of the regs here that's all I got to say
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trippinballs420
Samall Johnson



Registered: 09/17/12
Posts: 11,903
Loc: CO
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Re: Ask an Attorney [Re: Enlil]
#21075667 - 01/06/15 08:00 AM (9 years, 23 days ago) |
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so what the fuck is the point of HIPAA?
-------------------- ModestMouse said: "Much love for all of the regs here that's all I got to say
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trippinballs420
Samall Johnson



Registered: 09/17/12
Posts: 11,903
Loc: CO
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Re: Ask a defense attorney [Re: Enlil]
#21147400 - 01/19/15 11:32 PM (9 years, 9 days ago) |
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as my personal attorney, is it legal for me to give you cash - and have you buy property for me anonymously? or does there actually have to be a name on the deed to the land or whatever? or is that basically money laundering
in colorado if it matters
-------------------- ModestMouse said: "Much love for all of the regs here that's all I got to say
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trippinballs420
Samall Johnson



Registered: 09/17/12
Posts: 11,903
Loc: CO
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Re: Ask a defense attorney [Re: Enlil]
#21147431 - 01/19/15 11:39 PM (9 years, 9 days ago) |
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would the trust be looked into how it acquired that much cash? or if you are an anonymous trust does that mean the lawyer deals with everything with the purchase and confidentiality laws make it so the police have to have a warrant or subpoena for your lawyers records to find that stuff out
-------------------- ModestMouse said: "Much love for all of the regs here that's all I got to say
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trippinballs420
Samall Johnson



Registered: 09/17/12
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Loc: CO
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Re: Ask a defense attorney [Re: Enlil]
#21147475 - 01/19/15 11:59 PM (9 years, 9 days ago) |
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thanks for the info...and all you do for the site and members
-------------------- ModestMouse said: "Much love for all of the regs here that's all I got to say
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trippinballs420
Samall Johnson



Registered: 09/17/12
Posts: 11,903
Loc: CO
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also just for other members thoughts - it would have cost me 25$ to email my lawyer, 25$ for his response, and 25$ for every email exchanged...... Enlil does it for free.
-------------------- ModestMouse said: "Much love for all of the regs here that's all I got to say
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trippinballs420
Samall Johnson



Registered: 09/17/12
Posts: 11,903
Loc: CO
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Quote:
Dr.Dankhead said:
Quote:
trippinballs420 said: also just for other members thoughts - it would have cost me 25$ to email my lawyer, 25$ for his response, and 25$ for every email exchanged...... Enlil does it for free.
Yo getting ripped off man.
no shit
but most lawyers rip you off they just want the money....kinda like investment bankers - you give them money expecting something, and they may or may not do all they can for you - or they wont inform you that they arent specialized in a certain charge/county resulting in bad performance
i got my lawyer close to home (my court case was an hr drive away, 1 county south) so that i could have face to face contact with them without driving so far - that was my huge mistake. my lawyer just assumed (like a fucktard) that one counties drunk driving laws are the same as the next 
in the county i live in, he would have easily gotten my plea down to a wet & reckless and that wouldve beeen a traffic ticket and thats it......he assumed (having not done any DUI cases in the county i was charged, and apparently not done any research about the counties laws) that the county i was charged in was the same way.
apparently the county i was charged in didnt even recognize wet and reckless - and my lawyer advised me (while in court) to ask for a postponement so he could get it plead down to the wet and reckless that didnt exist the next go around
next court date (a lot more $ later) - 5 mins before i get called up the ADA pulls my lawyer out of the room, my lawyer comes back in and takes me into the hall, tells me that wet and reckless doesnt exist in this county and basically the postponement just got my lawyer paid for an extra bunch of work he didnt even need to do....and in court he didnt even like stick up for me - i would have been better off representing myself
i made a huge mistake picking that lawyer
my advice - make sure you choose your lawyer wisely....get personal reviews if you can, because i didnt really know what i was doing and made a 5000$ mistake
-------------------- ModestMouse said: "Much love for all of the regs here that's all I got to say
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trippinballs420
Samall Johnson



Registered: 09/17/12
Posts: 11,903
Loc: CO
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here if you are suspected of DUID in CO your blood is tested and there is a 5 nanogram limit for thc...if you have more thc than that in your blood stream you get a DUID
if you get a good lawyer though you can fight it and win if you can prove you've been a habitual user and your lawyer knows what to do because that 5 nanogram level isnt nearly as telling as a breath test for alcohol, and doesnt necessarily prove that you were impaired
-------------------- ModestMouse said: "Much love for all of the regs here that's all I got to say
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