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I'm our test case

mustangkiller

Regular Member
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Sep 15, 2009
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300
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It seems they are either gonna drop the issue or they're waiting for the right time to spring this on me. Im not sure which. I haven't heard anything about it in quite a while now. I'll keep you posted.
 

mustangkiller

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Sep 15, 2009
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Just when I think it's a dead issue..... The defective I mean detective who is making a big stink over this called me today and wants me to come in for an interview. Lmao, this should be interesting. I'll post up later if I'm not in jail.
 

mustangkiller

Regular Member
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Sep 15, 2009
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46.035 it is. Things are still "under investigation" at this point. Nothing has been filed with the courts yet.
 

We-the-People

Regular Member
Joined
Aug 13, 2009
Messages
2,221
Location
White City, Oregon, USA
Just when I think it's a dead issue..... The defective I mean detective who is making a big stink over this called me today and wants me to come in for an interview. Lmao, this should be interesting. I'll post up later if I'm not in jail.

NEVER TALK TO THE POLICE. Nothing you say can exonerate you, but it can incarcerate you!!!!

http://video.search.yahoo.com/video/play?p=dont%20talk%20to%20the%20police&tnr=21&vid=4962401466515570&turl=http%3A%2F%2Fts3.mm.bing.net%2Fvideos%2Fthumbnail.aspx%3Fq%3D4962401466515570%26id%3Da7c8f863d2a293e75b651a470930636d%26bid%3DHeAufG6SMZ3jvg%26bn%3DThumb%26url%3Dhttp%253a%252f%252fwww.youtube.com%252fwatch%253fv%253d6wXkI4t7nuc&rurl=http%3A%2F%2Fwww.youtube.com%2Fwatch%3Fv%3D6wXkI4t7nuc&sigr=11ai19f2d&newfp=1&tit=Dont+Talk+to+Police
 

mustangkiller

Regular Member
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Sep 15, 2009
Messages
300
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My interview went thusly, do you always carry you chp? No, only when I cc. Can I make a copy? No im not ccing so I dont have it today. Contact Utah, they'll help you. Ok, I need the serial numbers off the guns you carried into the pd. First, under advisement of council I won't be giving you serial numbers to anything. Second, I can neither confirm nor deny that I was carrying any firearms. He then asked me ten times ten different ways if I was carrying any guns. All ten times I said next question. He was not amused. He then said that I didn't need to confirm anything I said good, you should be able to do that on your own. He said he already did. I asked then why am I here? Again, he was not amused. I however was barely able to contain myself. They might try to enhance it because of where I was carrying. Its all on video with multiple witnesses so I can't deny I did what they say I did but what I did was make a pit stop enroute to a lawful activity. The law doesn't say no pit stops allowed. It doesn't even elude to it. It was fun and I look forward to seeing this thing play out. I'll keep ya posted. Anyone have case law that shows the law only restricts our activities and doesn't grant permission? Or is that supposed to be common knowledge?
 

mustangkiller

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Sep 15, 2009
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Rush, I couldn't agree more. And all future interviews will have my attny present. It seems to me they are no longer messing around. They mean business
 

rushcreek2

Regular Member
Joined
Jun 27, 2010
Messages
909
Location
Colorado Springs. CO
Ditto - And I suspect the presence of the "Don't MESS with TEXAS" mindset being a bit irritated by that pesky UTAH permit element also fluttering around in this picture.

In pursuit of respect reciprocity , I will have little more to say on this matter on this open forum. You may be so disposed as well? PM is good.

As a matter of fact I am going to get my "scrub brush" out right now.
 

Glock9mmOldStyle

Campaign Veteran
Joined
Apr 21, 2010
Messages
2,038
Location
Taylor, Wayne County, Michigan, USA
It appears you have been singled out for "example" by someone in your PD's command structure. Be prepared for a spaghetti fest as they will attempt to fling things at the wall to see what might stick. Also posting here can be used against you. I know of one case in my area where a years worth of posts were printed off (out of context of course) in a attempt to discredit the OCer.

Giving up civil rights for security is a certain way to lose both! :eek:
 

MKEgal

Regular Member
Joined
Jan 8, 2010
Messages
4,383
Location
in front of my computer, WI
mustangkiller said:
Anyone have case law that shows the law only restricts our activities and doesn't grant permission? Or is that supposed to be common knowledge?
It's common knowledge to everyone except cops & DA's.
That's just the way our legal system is set up. What isn't prohibited is permitted.
 

Gator5713

Lone Star Veteran
Joined
Sep 28, 2008
Messages
591
Location
Aggieland, Texas, USA
A fair analogy to this law enforcement "short-cut across your lawn" might be if the State tried to apply the DUI standard applicable to a driver holding a Class A (CDL) driver license when actually operating a commercial vehicle - despite the fact that the driver was operating a pickup at the time.

Actually (FWIW)... (at least in this state) they do hold CDL holders to the applicable DWI standards no matter what vehicle we are in... As well as charging points against our CDL (which non CDL holders are not subject to) regardless if the infraction happened in a commercial or a personal vehicle.
 

rushcreek2

Regular Member
Joined
Jun 27, 2010
Messages
909
Location
Colorado Springs. CO
Actually (FWIW)... (at least in this state) they do hold CDL holders to the applicable DWI standards no matter what vehicle we are in... As well as charging points against our CDL (which non CDL holders are not subject to) regardless if the infraction happened in a commercial or a personal vehicle.

____________________
I "parked" my Texas Class A CDL when I moved to Colorado in 2006. Are you saying that the commercial driver .04 DUI blood alcohol level is applied to a person with a CDL even when not operating a commercial vehicle rather than .08 ?
 
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rushcreek2

Regular Member
Joined
Jun 27, 2010
Messages
909
Location
Colorado Springs. CO
This is just a wee- bit off the topic so not to belabor this tidbit - I held a Class A Texas CDL from 1980 -2006 , and clocked in 23 years operating 18 wheelers, and during that period of time the DUI limit while I was operating a commercial vehicle was .04. ANY BLOOD ALCOHOL LEVEL would result in the driver being placed out of service.

A CDL driver who is not operating a commercial vehicle at the time -the CDL driving record applies regardless of the class of vehicle driven, but that is different than the legal DUI level.
 
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mustangkiller

Regular Member
Joined
Sep 15, 2009
Messages
300
Location
, ,
I'm sure a couple people are wondering so...... There was some sort of delay in getting the case filed with the court. The C.A's clerk is saying she'll have it filed at the end of the month. She made it sound like the delay is that she is over worked and she just hasn't gotten to it yet. She files them in the order she got them.
 

Ravendove

Regular Member
Joined
Dec 30, 2010
Messages
24
Location
Richardson
Good luck. I check in every few days just to see how this is going and I'm rooting for you. I wish I could help but I've honestly got nothing. Keep us posted, though. Hopefully this goes well for you.
 

mustangkiller

Regular Member
Joined
Sep 15, 2009
Messages
300
Location
, ,
Got the call yesterday morning. The case is filed and the warrant for my arrest should be active Monday. I do have a question though. Do I have to be processed at the jail and get bailed out or can an this move forward and only have me report to jail if I'm found guilty?
 

KBCraig

Regular Member
Joined
Aug 7, 2007
Messages
4,885
Location
Granite State of Mind
Got the call yesterday morning. The case is filed and the warrant for my arrest should be active Monday. I do have a question though. Do I have to be processed at the jail and get bailed out or can an this move forward and only have me report to jail if I'm found guilty?

This will be up to the magistrate. PC 46.035 is a Class A misdemeanor, so the punishment range is up to 1 year in jail and/or up to a $4,000 fine. They certainly can put you in jail pending bail or bail bond. If you've been fully cooperative, available, have strong ties to the community and aren't a flight risk.

The Code of Criminal Procedures Chapter 17 covers bail, and 17.15 says:

Art. 17.15. RULES FOR FIXING AMOUNT OF BAIL. The amount of bail to be required in any case is to be regulated by the court, judge, magistrate or officer taking the bail; they are to be governed in the exercise of this discretion by the Constitution and by the following rules:
1. The bail shall be sufficiently high to give reasonable assurance that the undertaking will be complied with.
2. The power to require bail is not to be so used as to make it an instrument of oppression.
3. The nature of the offense and the circumstances under which it was committed are to be considered.
4. The ability to make bail is to be regarded, and proof may be taken upon this point.
5. The future safety of a victim of the alleged offense and the community shall be considered.


Edit to add: Also, there's this. If you can't make bail and they aren't ready to start the trial within 30 days, they must either reduce the bail amount or release you on personal bond (same as when you sign a traffic ticket promising to appear).

Art. 17.151. RELEASE BECAUSE OF DELAY.
Sec. 1. A defendant who is detained in jail pending trial of an accusation against him must be released either on personal bond or by reducing the amount of bail required, if the state is not ready for trial of the criminal action for which he is being detained within:
(2) 30 days from the commencement of his detention if he is accused of a misdemeanor punishable by a sentence of imprisonment in jail for more than 180 days;
 
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