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Invisibletrippinballs420
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Re: Ask a defense attorney [Re: Shroomslip]
    #21716607 - 05/24/15 06:06 AM (8 years, 8 months ago)

it depends on the state.....in colorado if you refuse to blow on scene they revoke your license - but that field breath test isnt admissable in court. they then give you the choice of a breathalyzer or blood test.....i personally chose blood test cause i knew it would buy me more time to sober up (it did - they had to take me to the fire house to get it done by an EMT. then i was taken to booking

but refusing a roadside in colorado is usually worse than if you just milk some time on the roadside and opt for a blood test...but then if they really wanna fuck you they could find other shit in your blood and throw a DUID too - didnt happen to me but im sure they are catching on


Enlil will explain it - give him what state you're in because a lot of states have different laws


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OfflineShroomslip
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Re: Ask a defense attorney [Re: trippinballs420]
    #21717284 - 05/24/15 12:01 PM (8 years, 8 months ago)

It's Texas


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InvisibleEnlilMDiscord
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Re: Ask a defense attorney [Re: dschmidt8] * 1
    #21722006 - 05/25/15 06:25 PM (8 years, 8 months ago)

Quote:

dschmidt8 said:
Last night i was parked on the street when a cop came and said they saw my car speeding earlier. They ended up leaving but said due to seeing me stumble if they saw me later they would pull me over. After an hour of sitting around i decided to leave. They were sitting nearby and started following me. I parked, they put on lights and came over to me. Demanded i get out. I asked for a supervisor and was told if i dont exit the car i will be assisted. I get out take a field sobriety test then a breathalyzer.
    I blew .1249 and ended up leaving in a ride from parents with owi and date of court.
  My question is if they had probable cause to pull me over an hour later due to a suspicion i was drinking just because they say i stumbled.



They're going to say that they saw you driving erratically. There is very little chance that a trial court will suppress evidence based on those facts.  You were an idiot for driving after being warned.


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InvisibleEnlilMDiscord
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Re: Ask a defense attorney [Re: Shroomslip]
    #21722028 - 05/25/15 06:31 PM (8 years, 8 months ago)

Quote:

Shroomslip said:
What happens if I refuse a field sobriety test? What action should I take? I've been wondering this since I got my license. I will appear drunk in one even if I'm sober. My balance, depth perception and all that is very poor, even sober. I doubt I'll even pass the follow the pen test, as I have a lazy eye and my eyes do not move smoothly because of it (I can only focus on one eye at a time and as things move, the focus constantly shifts to the more "optimal" eye, thus making a jerking, which is exactly what they're looking for).

Does a blood test instantly rectify this situation? Somehow I have a feeling that even if my blood read 0% I'd need to hire a lawyer and go through months of hassle.

So what am I supposed to do if I'm pulled over for suspected DUI knowing I will most likely fail whatever test he gives?



If you refuse to submit to a Breathalyzer, you'll have your license suspended.  If you've been drinking, it's probably still a good idea to refuse because the dui is worse than the suspension, and the delay may be enough to save you from prosecution.  If you haven't been drinking, you should do the tests and get blood drawn so that you can prove your innocence.

You won't be charged with a 0.0 blood test.


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Invisibledschmidt8
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Re: Ask a defense attorney [Re: Enlil]
    #21722067 - 05/25/15 06:45 PM (8 years, 8 months ago)

Okay thanks for the help.


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InvisibleBuck513

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Re: Ask a defense attorney [Re: dschmidt8]
    #21722091 - 05/25/15 06:54 PM (8 years, 8 months ago)

You can blow .01 in a breathalyzer and be fine.
They do that because some mouthwashes leave alcohol in your mouth.


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OfflineFishOilTheKid
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Re: Ask an attorney [Re: Enlil]
    #21722284 - 05/25/15 07:46 PM (8 years, 8 months ago)

I have a quick question.  If I partially severed my Achilles' tendon and the hospital just stitched the skin back together and left debris inside my heel...  What kind of compensation can or would I seek now that I need surgery to fix the mistake of not addressing the tendon at all and leaving plastic in the wound?


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InvisibleEnlilMDiscord
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Re: Ask an attorney [Re: FishOilTheKid]
    #21722319 - 05/25/15 07:54 PM (8 years, 8 months ago)

That depends on the facts and the standard procedures within the profession.  If the doctors failed to live up to the professional standards within the community, a malpractice claim can succeed.


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InvisibleBuck513

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Re: Ask an attorney [Re: FishOilTheKid]
    #21722397 - 05/25/15 08:15 PM (8 years, 8 months ago)

Enlil my fathers best friend passed away back in 2013 of an infection somewhere in his body, I forget the name of the virus.

He visited local hospitals for months leading up to his death trying to figure out what was wrong. He was living with my dad at the time, as he needed a caretaker because his wife went back to prison.
Any who, this local hospital pretty much never admitted him and gave him wrong prescriptions many times. Just a few days before he passed he was in tremendous pain so he went back to that hospital, they didn't admit him again. He had my father take him to a different hospital about 20 minutes away. They admitted him immediately and said the prescriptions the other hospital gave weren't right for his problem.
He passed away a few days later.
My questions is what's the grounds for wrongful death? If I'm not mistaken,  a wrongful death lawsuit is very, very hard against hospitals.
I just wish I could do something for a few of his kids and grandkids.

On a side note, he needed this operation that would cost 100,000$ and it would have saved his life. He didn't have insurance so he couldn't get the surgery.


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Offlinefuzzysig
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Re: Ask an attorney [Re: Enlil]
    #21722400 - 05/25/15 08:17 PM (8 years, 8 months ago)

we bought a multi box crib set few years ago. thinking we have to order the other pieces to convert it to bed. turns out they are part of multibox set. Costco failed to mention. they helped us load it up.
is there any laws that we can use to maybe get a refund, the company doesn't even make the set anymore.
usually when theres a multi box set a retailer like best buy makes sure we got the whole set. I used to work at best buy and they make sure we know to check for that. but my wife was getting it and apparently nobody noticed 2 missing boxes.


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InvisibleEnlilMDiscord
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Re: Ask an attorney [Re: Buck513]
    #21722563 - 05/25/15 08:53 PM (8 years, 8 months ago)

Quote:

Buck513 said:
Enlil my fathers best friend passed away back in 2013 of an infection somewhere in his body, I forget the name of the virus.

He visited local hospitals for months leading up to his death trying to figure out what was wrong. He was living with my dad at the time, as he needed a caretaker because his wife went back to prison.
Any who, this local hospital pretty much never admitted him and gave him wrong prescriptions many times. Just a few days before he passed he was in tremendous pain so he went back to that hospital, they didn't admit him again. He had my father take him to a different hospital about 20 minutes away. They admitted him immediately and said the prescriptions the other hospital gave weren't right for his problem.
He passed away a few days later.
My questions is what's the grounds for wrongful death? If I'm not mistaken,  a wrongful death lawsuit is very, very hard against hospitals.
I just wish I could do something for a few of his kids and grandkids.

On a side note, he needed this operation that would cost 100,000$ and it would have saved his life. He didn't have insurance so he couldn't get the surgery.



The standard for malpractice is whether or not the defendant did something that a reasonable doctor in the area wouldn't have done or didn't do something that a reasonable doctor in the area would have done. 

As a practical matter, this means that malpractice suits are hard to bring and expensive.  Multiple expert witnesses are almost always required to successfully prove a claim, and even then, the other side is going to produce multiple expert witnesses as well. 

The bottom line here is that if you can find a lawyer to take the case on contingency and cover the cost of the experts, do it.  If not, it's probably a lost cause.


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InvisibleEnlilMDiscord
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Re: Ask an attorney [Re: fuzzysig]
    #21722595 - 05/25/15 08:58 PM (8 years, 8 months ago)

Quote:

fuzzysig said:
we bought a multi box crib set few years ago. thinking we have to order the other pieces to convert it to bed. turns out they are part of multibox set. Costco failed to mention. they helped us load it up.
is there any laws that we can use to maybe get a refund, the company doesn't even make the set anymore.
usually when theres a multi box set a retailer like best buy makes sure we got the whole set. I used to work at best buy and they make sure we know to check for that. but my wife was getting it and apparently nobody noticed 2 missing boxes.



You likely have no recourse at this point.  You have two major hurdles in your way:

1. Statute of limitations:  At its core, this is a warranty claim, and you're likely past the time to bring that claim.

2. Proof:  After this long, you've basically got your word that you never got the second box.  The opposition is going to ask why you waited so long to mention it.  It's going to be a hard sell in court.


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Invisibledschmidt8
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Re: Ask an attorney [Re: Enlil]
    #21726714 - 05/26/15 09:46 PM (8 years, 8 months ago)

What are you're views on the right to travel vs drivers license?


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InvisibleEnlilMDiscord
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Re: Ask an attorney [Re: dschmidt8]
    #21726767 - 05/26/15 10:01 PM (8 years, 8 months ago)

There is no conflict between the two.  Frankly, this is one of those issues commonly brought up by the "sovereign citizen" ilk, and it's always based on a complete misunderstanding of the law and how it operates.


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Invisiblevandago
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Re: Ask an attorney [Re: Enlil]
    #21729396 - 05/27/15 04:36 PM (8 years, 7 months ago)

Here's the story am I super fucked?

Was drinking last night, didn't seem to drunk.  Apparently I had a seizure at the wheel because I came too in a ditch covered in blood surrounded by paramedics.  Apparently I slammed into a parked car ( thank god it was parked ).....I was so incoherent after the wreck I had no clue what was going on.  I was rushed to the ER which I barely remember, then remember arguing with the cops saying I wasn't drunk ( though I did smell of booze ) and I refused testing.  He said since I refused testing I immediately lose my license for 2 years ( ohio ) and he charged me with OVI and failure to comply or maybe control.

Then it gets blurry again.....I find myself in the middle of the street.....I don't know how I could've walked so far in such short amount of time.  But then more cops surrounded me, picked me up, and dropped me back off at the wreck scene and left.

My wallet was stolen by one of the towing people I think.  Which had all my money and ID and crap. This is also my 2nd DUI ( last one was in oct 2012 ).  I'm feeling like I'm about to be fucking fucked fucked.  I had no insurance :frown:  both cars are totalled.


Edited by vandago (05/27/15 04:55 PM)


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Anonymous #100

Re: Ask an attorney [Re: vandago]
    #21729777 - 05/27/15 06:19 PM (8 years, 7 months ago)

Sounds like you were drunk as SHIT and blacked out LOL


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InvisibleEnlilMDiscord
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Re: Ask an attorney [Re: vandago]
    #21729950 - 05/27/15 07:07 PM (8 years, 7 months ago)

Quote:

Anonymous said:
Here's the story am I super fucked?

Was drinking last night, didn't seem to drunk.  Apparently I had a seizure at the wheel because I came too in a ditch covered in blood surrounded by paramedics.  Apparently I slammed into a parked car ( thank god it was parked ).....I was so incoherent after the wreck I had no clue what was going on.  I was rushed to the ER which I barely remember, then remember arguing with the cops saying I wasn't drunk ( though I did smell of booze ) and I refused testing.  He said since I refused testing I immediately lose my license for 2 years ( ohio ) and he charged me with OVI and failure to comply or maybe control.

Then it gets blurry again.....I find myself in the middle of the street.....I don't know how I could've walked so far in such short amount of time.  But then more cops surrounded me, picked me up, and dropped me back off at the wreck scene and left.

My wallet was stolen by one of the towing people I think.  Which had all my money and ID and crap. This is also my 2nd DUI ( last one was in oct 2012 ).  I'm feeling like I'm about to be fucking fucked fucked.  I had no insurance :frown:  both cars are totalled.



Yeah, you're in a bad situation.  Forget your license for now, since that's a lost cause.  You're going to be sued for the damage to the car, and you're going to be prosecuted for the DUI.  The best you can hope for is to cut a good deal.


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Invisiblevandago
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Re: Ask an attorney [Re: Enlil]
    #21730741 - 05/27/15 11:38 PM (8 years, 7 months ago)

I spoke with the person first hand on the car.  He said he has no coverage on underinsured vehicles.  So him and I came to an agreement.  I pay to get his car out of the impound so he can scrap it, then give him enough money for the down payment on a new car, and pay him the rest in installments.  He's being pretty solid.

I figure since BOTH ovi's are car wrecks, I'm probably looking at more then 10 days in jail ( mandatory min ). I'm going back to rehab asap.  I figure if I pay a good chunk of the dudes car off and get into rehab before the pre trial I could possibly beat it.  I was also withdrawaling from benzos at the time which is why I think I may have had a seizure, because It was different then most things I am used too when it comes to blacking out.  It was like split second I was gone, I hit the car going 50-60 mph, the car is a cube, my car is fucking trashed, and after I hit him ( I went back to the crime scene ) I did a doughnut around his car and went nose dive into a ditch, so I was unconscious for sure.  leaned to the right and just fucking annhilated everything while driving in circles.  So I made an appointment to get an EEG and an MRI and see if there is any issues in my brain that would be causing a lot of other symptoms if fucked I've been having. 

If I get the EEG and they find out I had a seizure or something wrong, would that be grounds to fight the OVI?


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InvisibleEnlilMDiscord
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Re: Ask an attorney [Re: vandago]
    #21731133 - 05/28/15 03:03 AM (8 years, 7 months ago)

Maybe, but it's going to depend on how strong that evidence is...ie...how good your expert witness is at convincing a jury not only that the accident was caused by a seizure, but that you were also not driving under the influence.  It's an uphill fight.

Frankly, if you're planning on going to trial, you had better have a strong case.  What you've told us so far is pretty damning, though.


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InvisibleBuck513

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Re: Ask an attorney [Re: vandago]
    #21731147 - 05/28/15 03:24 AM (8 years, 7 months ago)

Quote:

vandago said:
I spoke with the person first hand on the car.  He said he has no coverage on underinsured vehicles.  So him and I came to an agreement.  I pay to get his car out of the impound so he can scrap it, then give him enough money for the down payment on a new car, and pay him the rest in installments.  He's being pretty solid.

I figure since BOTH ovi's are car wrecks, I'm probably looking at more then 10 days in jail ( mandatory min ). I'm going back to rehab asap.  I figure if I pay a good chunk of the dudes car off and get into rehab before the pre trial I could possibly beat it.  I was also withdrawaling from benzos at the time which is why I think I may have had a seizure, because It was different then most things I am used too when it comes to blacking out.  It was like split second I was gone, I hit the car going 50-60 mph, the car is a cube, my car is fucking trashed, and after I hit him ( I went back to the crime scene ) I did a doughnut around his car and went nose dive into a ditch, so I was unconscious for sure.  leaned to the right and just fucking annhilated everything while driving in circles.  So I made an appointment to get an EEG and an MRI and see if there is any issues in my brain that would be causing a lot of other symptoms if fucked I've been having. 

If I get the EEG and they find out I had a seizure or something wrong, would that be grounds to fight the OVI?



I suggest giving up alcohol. Just be thankful you're alive and didn't end up like these people


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