Manslaughter Charge
Question Mark
#21 Aug 16, 2012
Jedi wrote:
<quoted text>
Bood should have been collected by officers when Taylar was at the hospital. Plus, it does not matter if Andreaka was intoxicated or not, it is the duty of the driver to safely operate a vehicle. It is not illegal for a passenger to be intoxicated inside a vehicle, as long as they remain a passenger.
Officers do not draw blood. Medical staff members draw blood.

Not illegal to be intoxicated inside a vehicle? What about public intoxication? Minor in posession of alcohol?
Andy -

Houston, TX

#22 Aug 22, 2012
There are witnesses of the wreck. Don't believe everything you read. Trashing someone w/o knowing the facts and providing false witness statements to the District Attorney is perjury. Threatening someone to provide false testimony to the DA is also punishable. So you best get your story correct before trial or you will be in jail as well.
LawLess

Cypress, TX

#23 Aug 23, 2012
Question Mark, where did you get your law degree?

No, it is not illegal to be intoxicated inside a vehicle and as long as you stay in the vehicle until the driver gets you to your destination, you are not in public.

I don't remember anyone mentioning any alcohol found in the car. So, they were not in possession of alcohol.

Your law degree is now revoked.
Do not pass go. Do not collect $200.
You will stay in the drunk tank until you sleep it off.
Question Mark

Pasadena, TX

#24 Aug 23, 2012
LawLess wrote:
Question Mark, where did you get your law degree?
No, it is not illegal to be intoxicated inside a vehicle and as long as you stay in the vehicle until the driver gets you to your destination, you are not in public.
I don't remember anyone mentioning any alcohol found in the car. So, they were not in possession of alcohol.
Your law degree is now revoked.
Do not pass go. Do not collect $200.
You will stay in the drunk tank until you sleep it off.
If you must know, I do not have a law degree. I do however have a BA in Criminal Justice from Sam Houston State University and over 12 years in law enforcement.

Now, several states including Texas have ruled that a private car in a public place is considered public with regards to public intoxication. This applies to the driver and passengers alike.

As far as the Minor in Posession charge, a minor can be charged if they posess alcohol in their bloodstream. As such, a minor posessing alcohol in treir bloodstream in a vehicle is in fact illegal. With proper suspicion, all that it takes is a warrant to search the minor's blood for the evidence.

I won't stoop to the level that you did in closing your post. Have a safe night.
Lawdy

Cypress, TX

#25 Aug 23, 2012
Question Mark wrote:
<quoted text>
If you must know, I do not have a law degree. I do however have a BA in Criminal Justice from Sam Houston State University and over 12 years in law enforcement.
Now, several states including Texas have ruled that a private car in a public place is considered public with regards to public intoxication. This applies to the driver and passengers alike.
As far as the Minor in Posession charge, a minor can be charged if they posess alcohol in their bloodstream. As such, a minor posessing alcohol in treir bloodstream in a vehicle is in fact illegal. With proper suspicion, all that it takes is a warrant to search the minor's blood for the evidence.
I won't stoop to the level that you did in closing your post. Have a safe night.
So, now you're saying that if someone is drunk and gets someone to drive them home and the driver gets pulled over because they had a tail light out, the cop can arrest the passenger for public intoxication?

I'm also concerned with your claim that you have a BA from Sam Houston State University and can't even spell possession.

It might be understandable that you have many cases tossed out. Too many cops have the attitude of just arrest them and let the DA and lawyers sort it out.
Jedi

Pasadena, TX

#26 Aug 24, 2012
Question Mark wrote:
<quoted text>
If you must know, I do not have a law degree. I do however have a BA in Criminal Justice from Sam Houston State University and over 12 years in law enforcement.
Now, several states including Texas have ruled that a private car in a public place is considered public with regards to public intoxication. This applies to the driver and passengers alike.
As far as the Minor in Posession charge, a minor can be charged if they posess alcohol in their bloodstream. As such, a minor posessing alcohol in treir bloodstream in a vehicle is in fact illegal. With proper suspicion, all that it takes is a warrant to search the minor's blood for the evidence.
I won't stoop to the level that you did in closing your post. Have a safe night.
While you are correct if you follow the letter of the law, I know very, very few officers who would arrest a person for public intoxication if they were a passenger, as long as the driver was not intoxicated. The only time I have seen an intoxicated passenger arrested is when the driver is arrested, or the passenger pisses off the officer (P.O.P.). I have seen close to 98% of these types of cases dismissed in court.

Last time I checked, Texas does not recognize "internal possession" in any type of alcohol violation. In fact, do you really believe a judge would sign a blood draw search warrant for a minor in possession case? Which is a class C misdemeanor. I think not.
Question Mark

Pasadena, TX

#27 Aug 24, 2012
Lawdy wrote:
<quoted text>So, now you're saying that if someone is drunk and gets someone to drive them home and the driver gets pulled over because they had a tail light out, the cop can arrest the passenger for public intoxication?
I'm also concerned with your claim that you have a BA from Sam Houston State University and can't even spell possession.
It might be understandable that you have many cases tossed out. Too many cops have the attitude of just arrest them and let the DA and lawyers sort it out.
If the intoxicated individual can sit there and shut his/her mouth while the officer conducts their business, it's rare that the officer would charge them with PI.
I'm so sorry for my misspelling. I'm not perfect, and Topix doesn't have spellcheck.
I assure you that I have NEVER had a single case tossed out. I agreee with you that "Too many cops have the attitude of just arrest them and let the DA and lawyers sort it out". The vast majority of officers are not this way, and even one is too many.
Question Mark

Pasadena, TX

#28 Aug 24, 2012
Jedi wrote:
<quoted text>
While you are correct if you follow the letter of the law, I know very, very few officers who would arrest a person for public intoxication if they were a passenger, as long as the driver was not intoxicated. The only time I have seen an intoxicated passenger arrested is when the driver is arrested, or the passenger pisses off the officer (P.O.P.). I have seen close to 98% of these types of cases dismissed in court.
Last time I checked, Texas does not recognize "internal possession" in any type of alcohol violation. In fact, do you really believe a judge would sign a blood draw search warrant for a minor in possession case? Which is a class C misdemeanor. I think not.
At no time did I state that every person that has had a drink and is a passenger in a car that gets pulled over will be charged with PI. If they are respectful, there will typically be no problem. Can they be charged? Yes they can. This all started because of your comment that "It is not illegal for a passenger to be intoxicated inside a vehicle, as long as they remain a passenger". By your own words above, you have seen intoxicated passengers arrested. Also according to you, I am correct according to the letter of the law. So why are you still talking about this?
Regarding internal possession, I'd suggest that you check again. It is rare that a warrant is issued to draw blood but it does happen; most often when the smell of alcohol is present. Whether obtained through the use of a warrant, or a passsenger voluntarily submits to a breath, urine, or blood test, they can be charged, tried, and convicted for MIP based on internal possession in the state of Texas.
LameBlame

United States

#29 Aug 26, 2012
Question Mark wrote:
If the intoxicated individual can sit there and shut his/her mouth while the officer conducts their business, it's rare that the officer would charge them with PI.
I'm so sorry for my misspelling. I'm not perfect, and Topix doesn't have spellcheck.
I assure you that I have NEVER had a single case tossed out. I agreee with you that "Too many cops have the attitude of just arrest them and let the DA and lawyers sort it out". The vast majority of officers are not this way, and even one is too many.
Come on now. If you've never had a case tossed out, then you either have not made many arrests or you aren't a cop. After all, you just admitted that you're not perfect.

By the way, there are only two e's in agree.
I don't know what they teach in college these days, but agree and possess are intermediate level words, not college level. That means they fall into the median 12K words most know upon HS graduation. College level education supposedly expands that vocabulary to about 17K words.

I wonder how it might look to a DA or a judge when they read an officers report that is riddle with such errors and the officer explains that they didn't have spell check. Would that cause a credibility issue?
Its easy to find out

Pasadena, TX

#30 Aug 26, 2012
Do not worry question mark. It is very easy for someone to find a spelling error and point it out. You see people like LameBlame need a foot hold to insult people. The easiest way is to attack spelling errors. I am sure everyone in the world checks their spelling when posting on a blog...not! It's idiotic to compare a blog to a police report and attempt to make a correlation based on spelling errors. For example the easiest thing for me to make fun of is 'LameBlames' name shouldn't their be a space between those two words, maybe a hyphen? See how easy this is , it's stooping to the level of a child. Now since I didn't run this through spell check go ahead LameBlame make fun of my spelling.
Muffy

Pearland, TX

#31 Aug 29, 2012
Correcting spelling and grammer proves one doesn't have an argument.

“I don't believe in mathematics”

Since: Aug 08

Cresson, TX

#32 Aug 29, 2012
Doesn't your browser underline grammer in red. That means it's misspelled. Right-click on the misspelled word and you'll see the correct spelling. What's so hard about that?
just sayin

Deer Park, TX

#33 Aug 29, 2012
Hezekiah wrote:
Doesn't your browser underline grammer in red. That means it's misspelled. Right-click on the misspelled word and you'll see the correct spelling. What's so hard about that?
No, my doesn't.....wish it did.....

just sayin...
Andy

Deer Park, TX

#34 Aug 29, 2012
Today at a evidence hearing the medical records from the hospital were submitted for Taylar, Andreaka and Ashely. Taylar had no drugs or alcohol in her system. Ashley and Andreaka both had drugs and alcohol in their system. Andreaka passed out and may have overdosed. Ashely also had drugs and alcohol her system. Ashley has a record of providing false information to police in New Braunfels was submitted.
Evidence may show Ashley was driving because her palm and finger prints are all over the steering wheel.
Question Mark

Pasadena, TX

#35 Aug 29, 2012
Hezekiah wrote:
Doesn't your browser underline grammer in red. That means it's misspelled. Right-click on the misspelled word and you'll see the correct spelling. What's so hard about that?
Really? While telling us how easy it is, you spell the word grammar incorrectly? Doesn't YOUR browser underline GRAMMER in red? That means it's misspelled.
Missy

United States

#36 Aug 29, 2012
Question Mark wrote:
<quoted text>
Really? While telling us how easy it is, you spell the word grammar incorrectly? Doesn't YOUR browser underline GRAMMER in red? That means it's misspelled.
According to Muffy, you don't have an argument.

So, did Muffy intentionally misspell grammar or is Muffy just another illiterate?

I believe Hezekiah was using Muffy's spelling to demonstrate the misspelling of the word.

Now, if your browser doesn't have spell check, you either need to update your browser, change the settings or use one of the online spell checkers, so you don't appear to be completely illiterate. Especially if you claim to have a college education.
Haha

Pasadena, TX

#37 Aug 29, 2012
Post 35 is funny yet true. Many on here are quick to criticize others before looking at themselves in the mirror. If only people weren't anonymous on here .
Haha

Pasadena, TX

#38 Aug 29, 2012
Post 36

Inserting many commas doesn't always make a run on sentence proper. Update your settings, use spell check or blah blah blah as your post mentions. So you talk about college education, did you forget to take technology courses? Not all people post on topix using a desktop or laptop. There are other forms of technology such as iPads and cell phones. So to finish my post in a similar fashion to yours ...research before posting so you don't 'appear to be' completely stupid.

Oh I didn't spell check, please lower yourself yet again to a lower level so you may criticize and make fun of me too.

Thank!
ticked

United States

#39 Aug 29, 2012
Haha wrote:
Post 35 is funny yet true. Many on here are quick to criticize others before looking at themselves in the mirror. If only people weren't anonymous on here .
I see that you're anonymous on here. Perhaps you see why anonymity is good. Otherwise everyone would know who you are and how dumb you really are. I wonder if you read Missy's post before commenting. I think she has a good point.
qqq

Deer Park, TX

#40 Aug 29, 2012
Andy wrote:
Today at a evidence hearing the medical records from the hospital were submitted for Taylar, Andreaka and Ashely. Taylar had no drugs or alcohol in her system. Ashley and Andreaka both had drugs and alcohol in their system. Andreaka passed out and may have overdosed. Ashely also had drugs and alcohol her system. Ashley has a record of providing false information to police in New Braunfels was submitted.
Evidence may show Ashley was driving because her palm and finger prints are all over the steering wheel.
What drugs were in their system?

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