“John 3:16”

Since: Sep 09

George County, MS. USA

#21 Jun 20, 2013
confused n lucedale wrote:
<quoted text>
This is a boxing ring for letters and numbers...lol...I couldn't find an answer anywhere so I came here... And then it hit me that so do smart "aces".... Thanks for trying to answer a puzzling question about my and my sons situation... We will find out on July 8th court date... Will keep you all posted, maybe?
I was commenting on that 'judge it' feature they have on here, calling it a toy. I wasn't referring to your post.
confused n lucedale

Hattiesburg, MS

#22 Jun 20, 2013
I SHOULD KNOW wrote:
Also, if he is not disputing the actual charge, then the court is not the appropriate venue to question the physical arrest or the tow. You should bring these concerns directly to the agency involved, as they are matters of policy and procedure--not a criminal matter.
I was just telling everything step by step... I only wanted to know if this is normal procedure for this type of violation and is it mandatory for an officer to read your rights on every arrest...because this officer did not....I don't know the laws and the ones I do know may have changed... I am only wanting information... If I was looking to fight the charges or anything else i sure would not be on here... And BTW.... The officers was at a gas station when they were asked if they were gonna do anything by onlookers then decided to go make the traffic stop and on the way to the jail after arresting my son they stopped back at the station to pick up coffee and cigarettes they already purchased ... Just putting all out there... Thanks for the info "I should know" I appreciate any info
confused n lucedale

Hattiesburg, MS

#23 Jun 20, 2013
The_SCOOP wrote:
<quoted text>Sorry if you thought I was referring to you. That particular post was for TEEL.
No problem :)
granny

Hattiesburg, MS

#24 Jun 20, 2013
thats lucedale for you the cops are a bunch of smartasses and dont know sh--- the bigest crooks around
Nice

Lucedale, MS

#25 Jun 21, 2013
charlie wrote:
<quoted text> at the risk of sounding stupid what doe GFL mean
I believe it means 'get a f'ing life', could be wrong....

“John 3:16”

Since: Sep 09

George County, MS. USA

#26 Jun 21, 2013
confused n lucedale wrote:
<quoted text>
I was just telling everything step by step... I only wanted to know if this is normal procedure for this type of violation and is it mandatory for an officer to read your rights on every arrest...because this officer did not....I don't know the laws and the ones I do know may have changed... I am only wanting information... If I was looking to fight the charges or anything else i sure would not be on here... And BTW.... The officers was at a gas station when they were asked if they were gonna do anything by onlookers then decided to go make the traffic stop and on the way to the jail after arresting my son they stopped back at the station to pick up coffee and cigarettes they already purchased ... Just putting all out there... Thanks for the info "I should know" I appreciate any info
I do know reading ones' rights is only used when they are arrested around here.

“John 3:16”

Since: Sep 09

George County, MS. USA

#27 Jun 21, 2013
If the officer did not read him his rights upon arrest, that could be used against him.

Since: Jun 12

Lucedale

#28 Jun 21, 2013
Honestly, confused n lucedale, this all seems fairly normal to me. The officer after issuing a field sobriety likely thought they might be intoxicated by something else. Since you can be arrested for any offense, it's likely he arrested them for that reason, giving them a detox period and getting them off the road. The officers also do not have to read your Miranda Rights unless you are being questioned and the information is used against you in a court of law.

Did they give the officers permission to search them and issue them a field sobriety?
Just Me

Pascagoula, MS

#29 Jun 21, 2013
The_SCOOP wrote:
Maybe Just Me can give us some information, being he is the all knowing cop on here.
Jealousy is a terrible thing.

“John 3:16”

Since: Sep 09

George County, MS. USA

#30 Jun 21, 2013
Just Me wrote:
<quoted text>
Jealousy is a terrible thing.
Yeah, but you will get over it with proper counseling. We won't hold that against you.

“John 3:16”

Since: Sep 09

George County, MS. USA

#31 Jun 21, 2013
johnomoran3 wrote:
Honestly, confused n lucedale, this all seems fairly normal to me. The officer after issuing a field sobriety likely thought they might be intoxicated by something else. Since you can be arrested for any offense, it's likely he arrested them for that reason, giving them a detox period and getting them off the road. The officers also do not have to read your Miranda Rights unless you are being questioned and the information is used against you in a court of law.
Did they give the officers permission to search them and issue them a field sobriety?
true-- You can be arrested without being read your Miranda Rights.

The Miranda rights do not protect you from being arrested, only from incriminating yourself during questioning. All police need to legally arrest a person is "probable cause" -- an adequate reason based on facts and events to believe the person has committed a crime.

Police are required to "Read him his (Miranda) rights," only before interrogating a suspect. While failure to do so may cause any subsequent statements to be thrown out of court, the arrest may still be legal and valid.

Also without reading the Miranda rights, police are allowed to ask routine questions like name, address, date of birth, and Social Security number necessary to establishing a person's identity. Police can also administer alcohol and drug tests without warning, but persons being tested may refuse to answer questions during the tests.
confused n lucedale

Hattiesburg, MS

#32 Jun 21, 2013
johnomoran3 wrote:
Honestly, confused n lucedale, this all seems fairly normal to me. The officer after issuing a field sobriety likely thought they might be intoxicated by something else. Since you can be arrested for any offense, it's likely he arrested them for that reason, giving them a detox period and getting them off the road. The officers also do not have to read your Miranda Rights unless you are being questioned and the information is used against you in a court of law.

Did they give the officers permission to search them and issue them a field sobriety?
My son said nothing... He did not even question why he was being arrested... He was thinking it but said nothing... My son only received a ticket for careless driving... Nothing else of impairment or intoxication...nothing.... They arrested him took him to the jail let him call me to come sign a 1000.00 bond (to make sure he shows up for court) gave us the court date and a copy of the ticket and then let me take him home...this all happened from 7:11am to 7:45 am.... No detox....they said his eyes were dilated so I am guessing that give them cause to search the vehicle and do the field sobriety test..if they have cause they don't need permission from anyone I am guessing. They found nothing and he passed the field test. But they still arrested him
confused n lucedale

Hattiesburg, MS

#33 Jun 21, 2013
confused n lucedale wrote:
<quoted text>My son said nothing... He did not even question why he was being arrested... He was thinking it but said nothing... My son only received a ticket for careless driving... Nothing else of impairment or intoxication...nothing.... They arrested him took him to the jail let him call me to come sign a 1000.00 bond (to make sure he shows up for court) gave us the court date and a copy of the ticket and then let me take him home...this all happened from 7:11am to 7:45 am.... No detox....they said his eyes were dilated so I am guessing that give them cause to search the vehicle and do the field sobriety test..if they have cause they don't need permission from anyone I am guessing. They found nothing and he passed the field test. But they still arrested him
And....he just got off work at 7am...he just worked from 10:30 pm to 7am night shift... His eyes were dilated because he was scared and confused and surprised....my eyes get dilated every time I drive airport blvd in mobile

“John 3:16”

Since: Sep 09

George County, MS. USA

#34 Jun 21, 2013
confused n lucedale wrote:
<quoted text>
And....he just got off work at 7am...he just worked from 10:30 pm to 7am night shift... His eyes were dilated because he was scared and confused and surprised....my eyes get dilated every time I drive airport blvd in mobile
Tell the judge all of this and ,if possible, back it up with medical papers or doctors statements.
confused n lucedale

Hattiesburg, MS

#35 Jun 21, 2013
The_SCOOP wrote:
<quoted text>Tell the judge all of this and ,if possible, back it up with medical papers or doctors statements.
I am only answering questions that are asked on here... I know now that (well I hope I do) it don't matter what citation you get in the city of lucedale, it is followed by arrest to insure lucedale gets more than the max for careless driving ticket which is 50.00.... I and my son are not fighting anything... I was just wondering why he was arrested on his first offense ever and gave no reason to be arrested (never has done drugs or drinks, I know because be lives at home and has never been out on a date because he said he don't want the drama of dating) I know that fighting anything that has to do with any local authority will get you a bad name so I will just hope and pray that my son doesn't go 1 mile over the speed limit in lucedale because he might get arrested.. I am more than confused with what lucedale thinks is a cause for arrest.... I give up... Or I need to change my last name to a well known name to see if that has a better result in living in this town

Since: Jun 12

Lucedale

#36 Jun 21, 2013
confused n lucedale, I would try to pick 3 topics that help your case preferably MS Statutes, that you can help your son fight his case with.

1. You want to attack the charge of Careless driving, and the officers evidence, not the officer.

I would focus on his lack of evidence and witnesses,(its likely he has neither). Your son and the police officer in the court are equals, both citizens, and your son has the benefit of being a defendant.(not always that way in reality, but in perfect freedom)

2. I would also ask for a copy of the police/sheriffs report and identify ideas or conclusions the officer may have drawn from opinion. Its not against the law for your son to call directly and ask for, however, to my knowledge they are not obligated to provide you with it.
(Careless driving is an opinion charge and can be easily beaten so you are in luck)

3. I would if you can say honestly also mention that your sons 4th amendment rights were violated and that if he were questioned for instance asked why were you swerving etc without being read his miranda rights that his 5th was violated.

3a. If your son has an outstanding drivers record I would mention that proving character only if his character is at some point attacked.
Its likely you can get much better topics from the police report or evidence the officer submitted.
I would at the end, if the judge makes a decision and you win, tell the Court your costs that have been placed against you and ask them to consider reimbursment of those costs.

Everything in Justice Court will be presented in a very informal, conversational manner, so I wouldn't be worried.

Its important to have a folder or file together to conceive your thoughts make at least 4 copies, one for the judge, the prosecution, yourself, and an extra or 2 for you and your son.

Print and highlight rules, and codes, that help your case, cite them and do your best to make an argument revolving around them, offer them to the judge and prosecution when you get a chance. It should be fairly easy since the only witness is likely a sole police officer who has no evidence against you other than his statement.

Rule 602 may be something that can help you not real sure. Understanding lawyerspeak is not my strongest area.

http://courts.ms.gov/rules/msrulesofcourt/rul...

However, I'm not a lawyer, and this is not really legal advice rather my opinion.

Since: Apr 09

Location hidden

#37 Jun 22, 2013
Wtf? Last night my sone was stop by the county dont know who it was but told my son he had a charge on him from 2009 at the city for phone harassment by a Rena Havard this came up before and we called the city and it was not my son now again last night the cop told my son he better take care of it by monday or if he sees him again he will go to jail well i got news for you Mr cop i spoke with Ms Nora just a minute ago at the city his name was run ans ss# he has nothing on him so i like to know where your info came from but i will speak to Dean monday ISK you know me maybe you can tell me
confused n lucedale

Hattiesburg, MS

#38 Jun 22, 2013
_N0_N33D_T0_T33L_ wrote:
Wtf? Last night my sone was stop by the county dont know who it was but told my son he had a charge on him from 2009 at the city for phone harassment by a Rena Havard this came up before and we called the city and it was not my son now again last night the cop told my son he better take care of it by monday or if he sees him again he will go to jail well i got news for you Mr cop i spoke with Ms Nora just a minute ago at the city his name was run ans ss# he has nothing on him so i like to know where your info came from but i will speak to Dean monday ISK you know me maybe you can tell me
Wow... It is getting bad... Before the cop said anything he should have done what you done by checking first

Since: Apr 09

Location hidden

#39 Jun 23, 2013
_N0_N33D_T0_T33L_ wrote:
Wtf? Last night my sone was stop by the county dont know who it was but told my son he had a charge on him from 2009 at the city for phone harassment by a Rena Havard this came up before and we called the city and it was not my son now again last night the cop told my son he better take care of it by monday or if he sees him again he will go to jail well i got news for you Mr cop i spoke with Ms Nora just a minute ago at the city his name was run ans ss# he has nothing on him so i like to know where your info came from but i will speak to Dean monday ISK you know me maybe you can tell me
Our School systems will be more up to date than our Sherriff dept database. Let's volunteer to go through and delete some old files for them, lol. I'll let you call Shona n ask her.

Since: Apr 09

Location hidden

#40 Jun 23, 2013
confused n lucedale wrote:
<quoted text>
Wow... It is getting bad... Before the cop said anything he should have done what you done by checking first
I apologize but didn't you state that they towed his car? Can you tell me where they took his vehicle?

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