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YALT: Should I get a laywer? (Booze related)

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YALT: Should I get a laywer? (Booze related)

Old 10-05-11, 02:03 PM
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Re: YALT: Should I get a laywer? (Booze related)

You guys are all making too big of a deal out of this. I got a DP my freshman year of college, its a class 4 misdemeanor in VA, the lowest possible "crime" you can commit. I just mailed in my fine and called it a day; it hasn't effected any part of my life since, including job searches and background checks.
Old 10-05-11, 04:23 PM
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Re: YALT: Should I get a laywer? (Booze related)

My bro-in-law had one. Wasn't a big deal. Until he was laid off, out of work a couple of months, and finally had a new job lined up. He forgot to disclose it on his application, and lost the job because it turned up on his background check. Granted, it wasn't the offense that cost him the job, but rather forgetting to disclose it, but all the same.
Old 10-05-11, 04:52 PM
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Re: YALT: Should I get a laywer? (Booze related)

A "laywer?" Looks like you need to lay off the booze, rummy...
Old 10-05-11, 09:04 PM
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Re: YALT: Should I get a laywer? (Booze related)

Moral of the story: Get yourself an E-Z Pass. If you had one, you wouldn't have had to deal with Toll Booth Willy. Though you might still be driving around lost in Indiana.
Old 10-05-11, 09:31 PM
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Re: YALT: Should I get a laywer? (Booze related)

Originally Posted by Tommy_Harn View Post
Moral of the story: Get yourself an E-Z Pass. If you had one, you wouldn't have had to deal with Toll Booth Willy. Though you might still be driving around lost in Indiana.
Is that... is that really the moral you came away with here?
Old 10-05-11, 09:41 PM
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Re: YALT: Should I get a laywer? (Booze related)

Originally Posted by CaptainMarvel View Post
Is that... is that really the moral you came away with here?
If it's between that or laying off the Death Race 2000 style antics...
Old 10-07-11, 11:44 PM
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Re: YALT: Should I get a laywer? (Booze related)

Originally Posted by jmu878 View Post
I got a DP my freshman year of college...
Uhm...well....that's not something to go yelling from the rooftops!
Old 10-08-11, 12:37 AM
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Re: YALT: Should I get a laywer? (Booze related)

Originally Posted by Tommy_Harn View Post
Moral of the story: Get yourself an E-Z Pass. If you had one, you wouldn't have had to deal with Toll Booth Willy. Though you might still be driving around lost in Indiana.
Even then... going through a toll without paying <<<< getting called up for suspicion of driving intoxicated.
Old 10-08-11, 04:49 PM
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Re: YALT: Should I get a laywer? (Booze related)

Originally Posted by pedagogue View Post
Uhm...well....that's not something to go yelling from the rooftops!
Old 10-08-11, 06:30 PM
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Re: YALT: Should I get a laywer? (Booze related)

I was surprised to see the large number sites that use the same misspelling as the op's on a google search for Laywer.
Old 10-08-11, 07:50 PM
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Re: YALT: Should I get a laywer? (Booze related)

Originally Posted by whotony View Post
I was surprised to see the large number sites that use the same misspelling as the op's on a google search for Laywer.
All boozehounds.
Old 10-08-11, 08:29 PM
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Re: YALT: Should I get a laywer? (Booze related)

Originally Posted by pedagogue View Post
Uhm...well....that's not something to go yelling from the rooftops!
Well played sir!
Old 10-08-11, 08:55 PM
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Re: YALT: Should I get a laywer? (Booze related)

Originally Posted by d2cheer View Post
First off the cops did not see him drive. Second as you also pointed out he was not behind the wheel when they arrived. I will let you figure out the rest.
You're right, because there's no one to put him behind the wheel...except the toll booth operator.
Old 10-08-11, 09:06 PM
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Re: YALT: Should I get a laywer? (Booze related)

Originally Posted by kstublen View Post
You're right, because there's no one to put him behind the wheel...except the toll booth operator.
Which is great for the question of whether the officer has Probable Cause, but does nothing to address the question of whether an officer in Indiana is empowered to make an arrest for a misdemeanor he himself didn't witness.
Old 10-09-11, 02:01 PM
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Re: YALT: Should I get a laywer? (Booze related)

Originally Posted by CaptainMarvel View Post
Which is great for the question of whether the officer has Probable Cause, but does nothing to address the question of whether an officer in Indiana is empowered to make an arrest for a misdemeanor he himself didn't witness.
I'm assuming you're saying that the officer didn't arrest the OP for DUI because the officer didn't see the OP behind the wheel, and wouldn't have been able to make a warrantless arrest? If that assumption is incorrect, please tell me.

If it's not, then this should clear up any confusion:

IC 35-33-1: Chapter 1. Arrest

IC 35-33-1-1: Law enforcement officer; federal enforcement officer

Sec. 1. (a) A law enforcement officer may arrest a person when the officer has:

(3) probable cause to believe the person has violated the provisions of...IC 9-30-5...

IC 9-30-5: Chapter 5. Operating a Vehicle While Intoxicated
EDIT: I'm assuming you're not talking about his arrest for Public Intoxication, since his not being behind the wheel when the officer first encountered him would seem irrelevant for that charge.

Last edited by kstublen; 10-09-11 at 02:09 PM.
Old 10-09-11, 02:34 PM
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Re: YALT: Should I get a laywer? (Booze related)

Originally Posted by kstublen View Post
I'm assuming you're saying that the officer didn't arrest the OP for DUI because the officer didn't see the OP behind the wheel, and wouldn't have been able to make a warrantless arrest? If that assumption is incorrect, please tell me.

If it's not, then this should clear up any confusion:



EDIT: I'm assuming you're not talking about his arrest for Public Intoxication, since his not being behind the wheel when the officer first encountered him would seem irrelevant for that charge.
No, that was my question. As I posted back in post 60-something, some states don't allow officers to make such an arrest (mine included). I don't know Indiana law, but from what you posted, it appears as if Indiana officers can.
Old 10-09-11, 03:41 PM
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Re: YALT: Should I get a laywer? (Booze related)

Originally Posted by CaptainMarvel View Post
No, that was my question. As I posted back in post 60-something, some states don't allow officers to make such an arrest (mine included). I don't know Indiana law, but from what you posted, it appears as if Indiana officers can.
I'm confused. Your state really does not allow you to arrest someone for DUI when they have been stopped at a toll booth, are obviously drunk, their car is there, and a toll booth employee is there who witnessed them driving just minutes earlier? Wow, what does it take to get probable cause?
Old 10-09-11, 04:28 PM
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Re: YALT: Should I get a laywer? (Booze related)

Originally Posted by LurkerDan View Post
I'm confused. Your state really does not allow you to arrest someone for DUI when they have been stopped at a toll booth, are obviously drunk, their car is there, and a toll booth employee is there who witnessed them driving just minutes earlier? Wow, what does it take to get probable cause?
You are confused. It's not an issue of probable cause. I posted a partial explanation here: http://forum.dvdtalk.com/10948566-post69.html

It's a very common rule in criminal law that officers may not make a warrantless arrest for a misdemeanor that occurred outside of their presence. I'm not sure what the actual statistics are, but I'd venture to guess that's actually the default rule in most of the country.

Many areas have carved out specific exceptions to this rule, while keeping the rule itself intact. In my state (Alabama), there are (to my knowledge) four misdemeanors that an officer can make a warrantless arrest for, even if he didn't witness it: domestic violence, shoplifting, violation of a protection order, and DUI where an accident occurred. These exceptions are carved out by statute. Other states have carved out different exceptions: from what kstublen posted, Indiana has the same general rule but allows an arrest for DUI even without an accident involved.

That's entirely different from probable cause. Say you walk up to me and confess, "One week ago, I drove DUI at this date and time. Here's a sample of my blood drawn then. Here's a video tape. Here's three witness statements. Take me to jail." I'd have ample probable cause, but I wouldn't be able to arrest you without a warrant simply for procedural issues. I could, however, go to a magistrate, get a warrant, and come arrest you.

With that said: best practice is making the DUI if you can make it, but there's often very good, practical reasons for why you might charge somebody for Public Intoxication (or something similar) that have nothing to do with laziness. Just as one example, the average DUI takes me roughly three to four hours to complete, once you factor in drive time to our jail, observation period before taking a breath sample, and all the extra paperwork (driver's license forms, breathalyzer forms, etc.). I've seen them take 5-6 hours, if you have to go to a hospital to get blood drawn. The average Public Intoxication arrest may only take around an hour. If you're short handed on a busy shift, it may very well make more sense to do the PI and get back in service.
Old 10-09-11, 08:40 PM
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Re: YALT: Should I get a laywer? (Booze related)

Yeah, normally the misdemeanor must occur in the officer's presence for a warantless arrest for a misdemeanor, but there are exceptions, as has previously been mentioned. I imagine most states have an exception for DUI, only because it is a situation where the legislature wouldn't want the police to have to let people go that could end up killing someone. Although I suppose you're right, they could always charge them with something like public intoxication or disorderly intoxication to prevent them from leaving and then worry about a DUI case later, if at all.

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