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41 - 60 of 73 Comments Last updated Mar 7, 2013
One

Evansville, IN

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#43
Mar 2, 2013
 
lol wrote:
<quoted text>
I wouldn't necessarily be so sure if I were you. It is unconstitutional to just pull someone over. It's called "profiling" and completely illegal. On tickets the officer writes his explanation as to why they pulled you over. Ex: I observed says vehicle going 55 in a 45 on states street. Although officer are likely to he away with it DOESN'T mean it's legal. Whoever has this issue please come back and keep is posted on the end result.
Profiling is,near impossible to prove, and what you said is not entirely accurate, but that is not the issue here so I will not get into it.

Your previous example with the gun also makes no sense. It's not illegal to have a gun in your car if you are 18. So of course that would be dropped. Has nothing to do the traffic charge.
TTC

Evansville, IN

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#44
Mar 2, 2013
 
I dont go to court on this till the end of the month.
lol

Gilbertsville, KY

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#45
Mar 2, 2013
 
One wrote:
<quoted text>Profiling is,near impossible to prove, and what you said is not entirely accurate, but that is not the issue here so I will not get into it.

Your previous example with the gun also makes no sense. It's not illegal to have a gun in your car if you are 18. So of course that would be dropped. Has nothing to do the traffic charge.
Ok! I don't know all if the details because it was NOT my charge but ... I do know what I HEARD the judge say. A that was ... You must be charged with what you were pulled over for to be charged with another violation. PERIOD!
You're no damn lawyer what makes you think everyone is going to take what you have to say as gospel?
Profiling is profiling and how in the hell would you know how easy it is or not to prove. I hate out house lawyers such as yourself.
lol

Gilbertsville, KY

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#46
Mar 2, 2013
 
TTC wrote:
I dont go to court on this till the end of the month.
Keep us posted! I'm curious.
One

Evansville, IN

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#47
Mar 2, 2013
 
lol wrote:
<quoted text>
Ok! I don't know all if the details because it was NOT my charge but ... I do know what I HEARD the judge say. A that was ... You must be charged with what you were pulled over for to be charged with another violation. PERIOD!
You're no damn lawyer what makes you think everyone is going to take what you have to say as gospel?
Profiling is profiling and how in the hell would you know how easy it is or not to prove. I hate out house lawyers such as yourself.
I don't care if you believe me or not.. The post was not an attack on you. Believe whatever you want.

The guy came here with a question looking for an answer..Im trying to tell him the answer, as I see it. You can disagree with me, that is fine. But you give an example of case, that you admit you know nothing about. The details of such case do not make sense. Are you asking him to take your word as "gospel"? No. And neither am I. I'm telling him what I think, same as you.

The reason profiling is difficult to prove is because cops only need "reasonable suspicion" to pull you over. In court this translates to- whatever they want.. I have already been over this. It's a very subjective argument and therefor difficult to prove.. I do not need to pas the BAR to understand that, and neither should you.

The OP has already said he will fight the ticket, and I applaud that. EPD oversteps their authority constantly, a check to the system every now and then is good. Win or lose. And I wish him luck. I look forward to hearing the outcome, as I'm sure you do.

I am not attacking him or you, I'm giving my expectations of the outcome. Your opinion differs, fine. You and I are at least giving coherent responses to an actual problem, which is difficult enough to come by around here. I am not forcing you to believe anything, I am only telling you why a do not agree with you.
One

Evansville, IN

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#48
Mar 2, 2013
 
lol wrote:
<quoted text>
Ok! I don't know all if the details because it was NOT my charge but ... I do know what I HEARD the judge say. A that was ... You must be charged with what you were pulled over for to be charged with another violation. PERIOD!
You're no damn lawyer what makes you think everyone is going to take what you have to say as gospel?
Profiling is profiling and how in the hell would you know how easy it is or not to prove. I hate out house lawyers such as yourself.
And think about your claim this way...say a neighbor calls the police and says they hear some one robbing the house next door. The police show up, and nothing is stolen but 2 people are dead. Well, then they couldn't charge anyone with murder because they showed up for a robbery not a murder.....see how that is insane?

The reason they pull you over does not have to be what they charge you with.
lol

Gilbertsville, KY

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#49
Mar 2, 2013
 
One wrote:
<quoted text>I don't care if you believe me or not.. The post was not an attack on you. Believe whatever you want.

The guy came here with a question looking for an answer..Im trying to tell him the answer, as I see it. You can disagree with me, that is fine. But you give an example of case, that you admit you know nothing about. The details of such case do not make sense. Are you asking him to take your word as "gospel"? No. And neither am I. I'm telling him what I think, same as you.

The reason profiling is difficult to prove is because cops only need "reasonable suspicion" to pull you over. In court this translates to- whatever they want.. I have already been over this. It's a very subjective argument and therefor difficult to prove.. I do not need to pas the BAR to understand that, and neither should you.

The OP has already said he will fight the ticket, and I applaud that. EPD oversteps their authority constantly, a check to the system every now and then is good. Win or lose. And I wish him luck. I look forward to hearing the outcome, as I'm sure you do.

I am not attacking him or you, I'm giving my expectations of the outcome. Your opinion differs, fine. You and I are at least giving coherent responses to an actual problem, which is difficult enough to come by around here. I am not forcing you to believe anything, I am only telling you why a do not agree with you.
Fair enough. Yes I admit that I don't know all of the details of the case HOWEVER, I do know what I heard the judge say. And that was, " in order for this gun charge to stick , you must first be charged with the violation you were pulled over for. Since you were NOT charged with that violation, I have no choice but to throw your gun charge out. Consider yourself lucky young man that the police officer didn't do what the law requires him to do." I only know and am stating what I know I heard with my own ears. Have a good day.
lol

Gilbertsville, KY

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#50
Mar 2, 2013
 
One wrote:
<quoted text>And think about your claim this way...say a neighbor calls the police and says they hear some one robbing the house next door. The police show up, and nothing is stolen but 2 people are dead. Well, then they couldn't charge anyone with murder because they showed up for a robbery not a murder.....see how that is insane?

The reason they pull you over does not have to be what they charge you with.
You're comparing apples to oranges with that example. We are talking about traffic violations that lead to other charges.
Think about it like this, how many people do you know that have gotten DUI's that haven't ALSO got a speeding ticket or no seat belt or failure to stop at stop sign or whatever. They CHARGE them with the reason they pulled them over also.
One

Evansville, IN

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#51
Mar 2, 2013
 
lol wrote:
<quoted text>
You're comparing apples to oranges with that example. We are talking about traffic violations that lead to other charges.
Think about it like this, how many people do you know that have gotten DUI's that haven't ALSO got a speeding ticket or no seat belt or failure to stop at stop sign or whatever. They CHARGE them with the reason they pulled them over also.
Wrong..I have 1 DUI from years ago. That was the only charge. They pulled me over because they said I was past the stop line at an intersection...I never saw that charge.

In your example case it is possible that the judge declared the search that found the gun illegal, if consent was not given. During a traffic stop if you are placed under arrest, police do not need consent to search. But to be under arrest there has to be a charge. With out a charge the guy would only have been "detained" and not technically under arrest. They would have needed consent to search for the gun.

You are right though, my example was somewhat off point

But there is thing called the 2nd amendment..just having a gun in your car is not illegal.

And again what they pull you over for does not HAVE to be what they charge you with. The OP has not mentioned anything about a search. The detail we are missing is, how did the cop know you were drinking? Were there open containers? Field subriety Test? Did he ask you and you said yes? With out a breathalyzer there had to have been something.....you leave this detail out though, so I assume you have a weak case.
lol

Evansville, IN

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#52
Mar 2, 2013
 
One wrote:
<quoted text>Wrong..I have 1 DUI from years ago. That was the only charge. They pulled me over because they said I was past the stop line at an intersection...I never saw that charge.

In your example case it is possible that the judge declared the search that found the gun illegal, if consent was not given. During a traffic stop if you are placed under arrest, police do not need consent to search. But to be under arrest there has to be a charge. With out a charge the guy would only have been "detained" and not technically under arrest. They would have needed consent to search for the gun.

You are right though, my example was somewhat off point

But there is thing called the 2nd amendment..just having a gun in your car is not illegal.

And again what they pull you over for does not HAVE to be what they charge you with. The OP has not mentioned anything about a search. The detail we are missing is, how did the cop know you were drinking? Were there open containers? Field subriety Test? Did he ask you and you said yes? With out a breathalyzer there had to have been something.....you leave this detail out though, so I assume you have a weak case.
The judges words were " you must be charged with what you were pulled over for to get this additional charge". He didn't say they searched you illegally. And if you weren't charged with crossing over the line or whatever than you are the ONLY case I have heard that hasn't. Maybe with your case the "crossing the line" or whatever charge was dismissed when you actually went to court and that is why you were never convicted of it. Or maybe the officer didn't do what he was suppose to do either.:)

I'm not claiming to be an expert but I do know my fair share about the law. And I definitely know what I heard the judge say.
One

Evansville, IN

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#53
Mar 2, 2013
 
lol wrote:
<quoted text>
The judges words were " you must be charged with what you were pulled over for to get this additional charge". He didn't say they searched you illegally. And if you weren't charged with crossing over the line or whatever than you are the ONLY case I have heard that hasn't. Maybe with your case the "crossing the line" or whatever charge was dismissed when you actually went to court and that is why you were never convicted of it. Or maybe the officer didn't do what he was suppose to do either.:)
I'm not claiming to be an expert but I do know my fair share about the law. And I definitely know what I heard the judge say.
Well then all we can do is wait and see...we will go round and round with this. I believe our views have been well established at this point.

I would still love to know how the officer determined OP was in fact drinking. To me this is where the case will be won or lost..
lol

Evansville, IN

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#54
Mar 2, 2013
 
One wrote:
<quoted text>Well then all we can do is wait and see...we will go round and round with this. I believe our views have been well established at this point.

I would still love to know how the officer determined OP was in fact drinking. To me this is where the case will be won or lost..
Agree! My point is a loophole really!
Sarah

New York, NY

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#55
Mar 2, 2013
 
I'm not involved in this debate, I was just reading through this, but I actually have been charged with a DUI in 2010, and didn't get another charge. He said I changed lanes with no signal, but no other charge..only omvwi. No warning or anything.. Man. I wish I would've known that, or my attorney, cause I could beat that crap.
WTF

United States

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#56
Mar 3, 2013
 
Sarah wrote:
I'm not involved in this debate, I was just reading through this, but I actually have been charged with a DUI in 2010, and didn't get another charge. He said I changed lanes with no signal, but no other charge..only omvwi. No warning or anything.. Man. I wish I would've known that, or my attorney, cause I could beat that crap.
Beat it? How about owning up your mistake. Maybe instead of trying to "beat it" you should be grateful you didn't cause a wreck and kill someone thus landing you in prison for vehicular. Homicide.
One

Evansville, IN

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#57
Mar 3, 2013
 
Sarah wrote:
I'm not involved in this debate, I was just reading through this, but I actually have been charged with a DUI in 2010, and didn't get another charge. He said I changed lanes with no signal, but no other charge..only omvwi. No warning or anything.. Man. I wish I would've known that, or my attorney, cause I could beat that crap.
Well....that's debatable...but we've beat that to death already.
One

Evansville, IN

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#58
Mar 3, 2013
 
WTF wrote:
<quoted text>
Beat it? How about owning up your mistake. Maybe instead of trying to "beat it" you should be grateful you didn't cause a wreck and kill someone thus landing you in prison for vehicular. Homicide.
Thanks for your insightful input...no one is arguing that a DUI is ok... I got 1 and hadn't had a drink for 7 hrs. Blew .09. They ran me down to the station lights on at 100 mph so it wouldn't drop before I took the test downtown( the one that counts). was I right? No..no one is saying that.

Try not to fall off that high horse..it's a long way down.
be real!!

Evansville, IN

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#59
Mar 3, 2013
 
One wrote:
<quoted text>Thanks for your insightful input...no one is arguing that a DUI is ok... I got 1 and hadn't had a drink for 7 hrs. Blew .09. They ran me down to the station lights on at 100 mph so it wouldn't drop before I took the test downtown( the one that counts). was I right? No..no one is saying that.

Try not to fall off that high horse..it's a long way down.
Right I am sure they drive you down there at 100 mph right!!!!!! Grow up.
One

Evansville, IN

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#60
Mar 3, 2013
 
[QUOTE who="be real!!"]<quoted text>
Right I am sure they drive you down there at 100 mph right!!!!!! Grow up.[/QUOTE]

It was an obvious exaggeration..you idiot...and had nothing to do with my point.
be real!!

Evansville, IN

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#61
Mar 3, 2013
 
One wrote:
[QUOTE who="be real!!"]<quoted text>
Right I am sure they drive you down there at 100 mph right!!!!!! Grow up. "

It was an obvious exaggeration..you idiot...and had nothing to do with my point.
I had everything to do with the " point" of that lie idiot.
One

Evansville, IN

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#62
Mar 3, 2013
 
[QUOTE who="be real!!"]<quoted text>
I had everything to do with the " point" of that lie idiot.[/QUOTE]

*Sigh*.....no...the point was no one is arguing that a DUI is ok, regardless of the circumstances...people screw up...sometimes the cops do also.
We are not debating if a DUI or a minor consumption is right or wrong..as that is pretty obvious.

Have you read ANY of the prior posts? Can you even read at all?

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