• Re: Real life Law & Order

    From moviePig@3:633/280.2 to All on Tue Aug 19 01:55:03 2025
    On 8/17/2025 7:11 PM, Melissa Hollingsworth wrote:
    Verily, in article <107tjmn$2kfbk$1@dont-email.me>, did
    nobody@nowhere.com deliver unto us this message:

    On 8/17/2025 5:11 PM, shawn wrote:

    At some point you think they would be able to call her on it. After
    you have pulled the same trick multiple times it shouldn't be a
    defense.

    She's a quaff-law...

    LOL.

    (I feared it was too obscure for anyone to get...)



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  • From anim8rfsk@3:633/280.2 to All on Tue Aug 19 08:50:37 2025
    shawn <nanoflower@notforg.m.a.i.l.com> wrote:
    On Sun, 17 Aug 2025 14:06:11 -0700, anim8rfsk <anim8rfsk@cox.net>
    wrote:

    BTR1701 <atropos@mac.com> wrote:
    On Aug 17, 2025 at 1:30:37 PM PDT, "shawn" <nanoflower@notforg.m.a.i.l.com> >>> wrote:


    It's why Halle Berry famously walked across the street to a bar and started
    drinking when she got into a car wreck. When the cops got there and she blew
    over the legal limit, the state couldn't prove the alcohol she drank was >>>>> before she crashed or after she crashed.

    Supposedly, she’s pulled that like half a dozen times. The most famous case
    it came out she done it four times in a different state before that one.

    At some point you think they would be able to call her on it. After
    you have pulled the same trick multiple times it shouldn't be a
    defense.

    As I recall, they couldn’t get her on it because the previous times were in
    a different jurisdiction.


    --
    The last thing I want to do is hurt you, but it is still on my list.

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  • From Pluted Pup@3:633/280.2 to All on Thu Aug 21 15:09:52 2025
    On 8/17/25 2:11 PM, shawn wrote:
    On Sun, 17 Aug 2025 14:06:11 -0700, anim8rfsk <anim8rfsk@cox.net>
    wrote:

    BTR1701 <atropos@mac.com> wrote:
    On Aug 17, 2025 at 1:30:37 PM PDT, "shawn" <nanoflower@notforg.m.a.i.l.com> >>> wrote:


    It's why Halle Berry famously walked across the street to a bar and started
    drinking when she got into a car wreck. When the cops got there and she blew
    over the legal limit, the state couldn't prove the alcohol she drank was >>>>> before she crashed or after she crashed.

    Supposedly, she’s pulled that like half a dozen times. The most famous case
    it came out she done it four times in a different state before that one.

    At some point you think they would be able to call her on it. After
    you have pulled the same trick multiple times it shouldn't be a
    defense.


    If it's a valid defense it doesn't matter how many times it's used,
    it's still valid.



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  • From Pluted Pup@3:633/280.2 to All on Thu Aug 21 15:21:28 2025
    On 8/17/25 12:00 PM, Adam H. Kerman wrote:
    Real life prosecutor goes to court with less evidence than Price
    typically presents on an episode of Law & Order

    https://www.youtube.com/watch?v=QQINClZopt0

    Truly shitty arrest. Noncom officer from Ft. Knox is driving a vehicle
    that completely breaks down. He's on the side of the road for a very
    long time. Hours after a celebration of his promotion, cop arrests him
    for drunk driving because he was given a gift of a bottle of alchohol,
    and drank some after the break down, then fell asleep.


    I heard from someone who said he was sent home after being
    cited for trespassing during a natural emergency and went home
    and got drunk at home and then the cops came and arrested
    him for drunk driving. But maybe what he said wasn't true.


    Why did the prosecution prefer charges? In her opening remarks, she emphasizes that none of her witnesses are witnesses to drunken behavior
    but the jury is free to infer from the absense of evidence that he must
    have been driving drunk before his vehicle broke down.

    How did this survive the probable cause hearing?


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  • From The Horny Goat@3:633/280.2 to All on Mon Sep 1 10:29:47 2025
    On Sun, 17 Aug 2025 15:53:29 -0400, Rhino
    <no_offline_contact@example.com> wrote:

    Until then, I always thought you had to have actually been DRIVING drunk
    to catch a drunk driving charge. I never would have imagined that
    sleeping on the side of the road with alcohol in your system was enough
    to sustain a drunk driving charge. Then again, maybe they reasoned that
    if he was sleeping drunk at the side of the road, he must have driven
    drunk to get to the spot where he was sleeping.

    I once heard of an impaired charge when the PASSENGER was over the
    limit and a witness had seen the driver door open but couldn't say
    whether anybody had actually gotten out of the car. I think charges
    were stayed but am not sure.

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  • From The Horny Goat@3:633/280.2 to All on Mon Sep 1 10:32:47 2025
    On Sun, 17 Aug 2025 20:23:29 -0000 (UTC), BTR1701 <atropos@mac.com>
    wrote:

    Sometimes it doesn't even have to be wheels. I heard of one case of a guy >being charged with DUI for riding a horse while drunk. I seem to remember him >beating the charge because the horse has a mind of its own and will avoid >collisions on its own regardless of the idiotic naked ape on its back.

    That happened all the time in the pre-automotive age. And in that era
    nobody was charged when under the influence.

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  • From Rhino@3:633/280.2 to All on Mon Sep 1 11:45:55 2025
    On 2025-08-31 8:29 PM, The Horny Goat wrote:
    On Sun, 17 Aug 2025 15:53:29 -0400, Rhino
    <no_offline_contact@example.com> wrote:

    Until then, I always thought you had to have actually been DRIVING drunk
    to catch a drunk driving charge. I never would have imagined that
    sleeping on the side of the road with alcohol in your system was enough
    to sustain a drunk driving charge. Then again, maybe they reasoned that
    if he was sleeping drunk at the side of the road, he must have driven
    drunk to get to the spot where he was sleeping.

    I once heard of an impaired charge when the PASSENGER was over the
    limit and a witness had seen the driver door open but couldn't say
    whether anybody had actually gotten out of the car. I think charges
    were stayed but am not sure.

    I could see the passenger being charged if the officer believed that the passenger had been the driver but the two switched places after they'd
    been lit up by the cop. Otherwise, that's preposterous. If it became
    known that people were getting charged and convicted for carrying
    drunken passengers, that would send a clear signal that would massively discourage the practice of having a designated driver. That, in turn,
    would cause a lot more drunk driving charges - and serious accidents -
    as drunks drove themselves home. That's about as counter-productive a
    policy as I can imagine.

    --
    Rhino

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  • From Adam H. Kerman@3:633/280.2 to All on Mon Sep 1 16:07:00 2025
    The Horny Goat <lcraver@home.ca> wrote:
    Sun, 17 Aug 2025 19:00:54 -0000 (UTC), Adam H. Kerman <ahk@chinet.com>:

    Why did the prosecution prefer charges? In her opening remarks, she >>emphasizes that none of her witnesses are witnesses to drunken behavior
    but the jury is free to infer from the absense of evidence that he must >>have been driving drunk before his vehicle broke down.

    In Canada a plea that he hadn't touched a drop until AFTER his car had
    broken down would be considered "reasonable doubt" - unless of course
    his blood alcohol was in the stratosphere when tested. I'm talking .07
    - .12 as opposed to > .30

    Sigh

    Yes, an expert witness could testify how quickly alchohol is
    metabolized. That means fuck all if the prosecutor has no evidence of
    drunk driving.

    We have a drunk in a broken-down vehicle. That's all. Drunk while
    sitting in a disabled vehicle is not a crime.

    You are completely missing the point.

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  • From anim8rfsk@3:633/10 to All on Mon Sep 1 23:07:55 2025
    Adam H. Kerman <ahk@chinet.com> wrote:
    The Horny Goat <lcraver@home.ca> wrote:
    Sun, 17 Aug 2025 19:00:54 -0000 (UTC), Adam H. Kerman <ahk@chinet.com>:

    Why did the prosecution prefer charges? In her opening remarks, she
    emphasizes that none of her witnesses are witnesses to drunken behavior
    but the jury is free to infer from the absense of evidence that he must
    have been driving drunk before his vehicle broke down.

    In Canada a plea that he hadn't touched a drop until AFTER his car had
    broken down would be considered "reasonable doubt" - unless of course
    his blood alcohol was in the stratosphere when tested. I'm talking .07
    - .12 as opposed to > .30

    Sigh

    Yes, an expert witness could testify how quickly alchohol is
    metabolized. That means fuck all if the prosecutor has no evidence of
    drunk driving.

    We have a drunk in a broken-down vehicle. That's all. Drunk while
    sitting in a disabled vehicle is not a crime.

    I watched something last week where the cop said that the girlfriend being
    in a car in the driveway to cool off after a fight was considered drunk
    driving even though she didnrCOt drive anywhere and they dragged her off to jail.



    You are completely missing the point.

    --
    The last thing I want to do is hurt you, but it is still on my list.

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  • From BTR1701@3:633/10 to All on Tue Sep 2 17:23:24 2025
    On Sep 1, 2025 at 11:07:55 PM PDT, "anim8rfsk" <anim8rfsk@cox.net> wrote:

    Adam H. Kerman <ahk@chinet.com> wrote:
    The Horny Goat <lcraver@home.ca> wrote:
    Sun, 17 Aug 2025 19:00:54 -0000 (UTC), Adam H. Kerman <ahk@chinet.com>:

    Why did the prosecution prefer charges? In her opening remarks, she
    emphasizes that none of her witnesses are witnesses to drunken behavior >>>> but the jury is free to infer from the absense of evidence that he must >>>> have been driving drunk before his vehicle broke down.

    In Canada a plea that he hadn't touched a drop until AFTER his car had
    broken down would be considered "reasonable doubt" - unless of course
    his blood alcohol was in the stratosphere when tested. I'm talking .07
    - .12 as opposed to > .30

    Sigh

    Yes, an expert witness could testify how quickly alchohol is
    metabolized. That means fuck all if the prosecutor has no evidence of
    drunk driving.

    We have a drunk in a broken-down vehicle. That's all. Drunk while
    sitting in a disabled vehicle is not a crime.

    I watched something last week where the cop said that the girlfriend being
    in a car in the driveway to cool off after a fight was considered drunk driving even though she didnrCOt drive anywhere and they dragged her off to jail.

    I just watched a body-cam video on the YouTubes where a guy ran out of gas and pushed his car into a nearby gas station lot but the store was closed and he couldn't fill up till it opened, so he sat there and had a few beers and listened to music while he waited.

    Cops came along and you guessed it, hooked him up for drunk driving because he was in the driver's seat and the keys were in the ignition. But surprise! He ended up beating the charge at his bench trial. The judge found that since the car was out of gas, he had no ability to drive it, so the normal rules didn't apply. The prosecution tried to argue that it was only a matter of time before the store opened and he put gas in the car, at which point he would have
    driven away, but the judge said that chain of events was too tenuous and
    remote to sustain the charge, and there was no way to determine if he'd still be intoxicated hours into the future.

    So happy ending.



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  • From Adam H. Kerman@3:633/10 to All on Tue Sep 2 17:39:42 2025
    BTR1701 <atropos@mac.com> wrote:
    On Sep 1, 2025 at 11:07:55 PM PDT, anim8rfsk <anim8rfsk@cox.net> wrote:
    Adam H. Kerman <ahk@chinet.com> wrote:
    The Horny Goat <lcraver@home.ca> wrote:
    Sun, 17 Aug 2025 19:00:54 -0000 (UTC), Adam H. Kerman <ahk@chinet.com>:

    Why did the prosecution prefer charges? In her opening remarks, she >>>>>emphasizes that none of her witnesses are witnesses to drunken behavior >>>>>but the jury is free to infer from the absense of evidence that he must >>>>>have been driving drunk before his vehicle broke down.

    In Canada a plea that he hadn't touched a drop until AFTER his car had >>>>broken down would be considered "reasonable doubt" - unless of course >>>>his blood alcohol was in the stratosphere when tested. I'm talking .07 >>>>- .12 as opposed to > .30

    Sigh

    Yes, an expert witness could testify how quickly alchohol is
    metabolized. That means fuck all if the prosecutor has no evidence of >>>drunk driving.

    We have a drunk in a broken-down vehicle. That's all. Drunk while
    sitting in a disabled vehicle is not a crime.

    I watched something last week where the cop said that the girlfriend being >>in a car in the driveway to cool off after a fight was considered drunk >>driving even though she didnrCOt drive anywhere and they dragged her off to >>jail.

    I just watched a body-cam video on the YouTubes where a guy ran out of gas and >pushed his car into a nearby gas station lot but the store was closed and he >couldn't fill up till it opened, so he sat there and had a few beers and >listened to music while he waited.

    Cops came along and you guessed it, hooked him up for drunk driving because he >was in the driver's seat and the keys were in the ignition. But surprise! He >ended up beating the charge at his bench trial. The judge found that since the >car was out of gas, he had no ability to drive it, so the normal rules didn't >apply. The prosecution tried to argue that it was only a matter of time before >the store opened and he put gas in the car, at which point he would have >driven away, but the judge said that chain of events was too tenuous and >remote to sustain the charge, and there was no way to determine if he'd still >be intoxicated hours into the future.

    So happy ending.

    I'm tired of these stories. Does someone have a story in which a police
    officer encountered someone possibly in trouble, checked to make sure he
    was okay, they had a polite encounter, the cop wasn't attempting to
    perform a warrantless search, and everybody went on his way?

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  • From BTR1701@3:633/10 to All on Tue Sep 2 17:44:40 2025
    On Sep 2, 2025 at 10:39:42 AM PDT, ""Adam H. Kerman"" <ahk@chinet.com> wrote:

    BTR1701 <atropos@mac.com> wrote:
    On Sep 1, 2025 at 11:07:55 PM PDT, anim8rfsk <anim8rfsk@cox.net> wrote:
    Adam H. Kerman <ahk@chinet.com> wrote:
    The Horny Goat <lcraver@home.ca> wrote:
    Sun, 17 Aug 2025 19:00:54 -0000 (UTC), Adam H. Kerman <ahk@chinet.com>:

    Why did the prosecution prefer charges? In her opening remarks, she >>>>>> emphasizes that none of her witnesses are witnesses to drunken behavior >>>>>> but the jury is free to infer from the absense of evidence that he must >>>>>> have been driving drunk before his vehicle broke down.

    In Canada a plea that he hadn't touched a drop until AFTER his car had >>>>> broken down would be considered "reasonable doubt" - unless of course >>>>> his blood alcohol was in the stratosphere when tested. I'm talking .07 >>>>> - .12 as opposed to > .30

    Sigh

    Yes, an expert witness could testify how quickly alchohol is
    metabolized. That means fuck all if the prosecutor has no evidence of
    drunk driving.

    We have a drunk in a broken-down vehicle. That's all. Drunk while
    sitting in a disabled vehicle is not a crime.

    I watched something last week where the cop said that the girlfriend being >>> in a car in the driveway to cool off after a fight was considered drunk
    driving even though she didnrCOt drive anywhere and they dragged her off to >>> jail.

    I just watched a body-cam video on the YouTubes where a guy ran out of gas >> and
    pushed his car into a nearby gas station lot but the store was closed and he >> couldn't fill up till it opened, so he sat there and had a few beers and
    listened to music while he waited.

    Cops came along and you guessed it, hooked him up for drunk driving because >> he
    was in the driver's seat and the keys were in the ignition. But surprise! He >> ended up beating the charge at his bench trial. The judge found that since >> the
    car was out of gas, he had no ability to drive it, so the normal rules didn't
    apply. The prosecution tried to argue that it was only a matter of time
    before
    the store opened and he put gas in the car, at which point he would have
    driven away, but the judge said that chain of events was too tenuous and
    remote to sustain the charge, and there was no way to determine if he'd still
    be intoxicated hours into the future.

    So happy ending.

    I'm tired of these stories. Does someone have a story in which a police officer encountered someone possibly in trouble, checked to make sure he
    was okay, they had a polite encounter, the cop wasn't attempting to
    perform a warrantless search, and everybody went on his way?

    Probably happens hundreds of thousands of times a day across the country but since nothing controversial happened, it doesn't make the news and no one puts the body cam footage on YouTube because it won't get any clicks.



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  • From anim8rfsk@3:633/10 to All on Tue Sep 2 10:58:17 2025
    BTR1701 <atropos@mac.com> wrote:
    On Sep 1, 2025 at 11:07:55 PM PDT, "anim8rfsk" <anim8rfsk@cox.net> wrote:

    Adam H. Kerman <ahk@chinet.com> wrote:
    The Horny Goat <lcraver@home.ca> wrote:
    Sun, 17 Aug 2025 19:00:54 -0000 (UTC), Adam H. Kerman <ahk@chinet.com>: >>>
    Why did the prosecution prefer charges? In her opening remarks, she
    emphasizes that none of her witnesses are witnesses to drunken behavior >>>>> but the jury is free to infer from the absense of evidence that he must >>>>> have been driving drunk before his vehicle broke down.

    In Canada a plea that he hadn't touched a drop until AFTER his car had >>>> broken down would be considered "reasonable doubt" - unless of course
    his blood alcohol was in the stratosphere when tested. I'm talking .07 >>>> - .12 as opposed to > .30

    Sigh

    Yes, an expert witness could testify how quickly alchohol is
    metabolized. That means fuck all if the prosecutor has no evidence of
    drunk driving.

    We have a drunk in a broken-down vehicle. That's all. Drunk while
    sitting in a disabled vehicle is not a crime.

    I watched something last week where the cop said that the girlfriend being >> in a car in the driveway to cool off after a fight was considered drunk
    driving even though she didnrCOt drive anywhere and they dragged her off to >> jail.

    I just watched a body-cam video on the YouTubes where a guy ran out of gas and
    pushed his car into a nearby gas station lot but the store was closed and he couldn't fill up till it opened, so he sat there and had a few beers and listened to music while he waited.

    Cops came along and you guessed it, hooked him up for drunk driving because he
    was in the driver's seat and the keys were in the ignition. But surprise! He ended up beating the charge at his bench trial. The judge found that since the
    car was out of gas, he had no ability to drive it, so the normal rules didn't apply. The prosecution tried to argue that it was only a matter of time before
    the store opened and he put gas in the car, at which point he would have driven away, but the judge said that chain of events was too tenuous and remote to sustain the charge, and there was no way to determine if he'd still be intoxicated hours into the future.

    So happy ending.

    Yeah, this was a body cam video. She was in the passenger seat, but the
    keys were in the car so they said she could have changed seats and started
    it up and gone drunk driving so they hit her with the charge. Very
    minority report.

    Now I should point out that she absolutely needed to be locked away.
    --
    The last thing I want to do is hurt you, but it is still on my list.

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  • From The True Melissa@3:633/10 to All on Tue Sep 2 13:00:34 2025
    Verily, in article <1097a4u$l0sr$2@dont-email.me>, did ahk@chinet.com
    deliver unto us this message:
    I'm tired of these stories. Does someone have a story in which a police officer encountered someone possibly in trouble, checked to make sure he
    was okay, they had a polite encounter, the cop wasn't attempting to
    perform a warrantless search, and everybody went on his way?


    Yes, but the cops were Canadian. I was once pulled over in Canada
    because the cops wondered why I was driving so slowly. They learned that
    I was simply a lost traveller seeking my campground, they accepted that,
    and my passenger and I went on our way. He didn't even shine his
    flashlight all around the car, just talked to me.

    US cops, by contrast, seem always on the hunt for something to cite at
    least.
    --
    Trustworthy words are not pretty;
    Pretty words are not trustworthy.

    -Lao-Tzu spoke those pretty words.

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