When the Judge Took the Cop’s Side, I Fought Back

My client was arrested at a roadblock, and if he's convicted, he could lose his job. We found a silver bullet that will save him in court, but the judge still rules against us! How am I going to save my client?
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[@DownWithBureaucracy]

TWO violations on part of the police and still found guilty? That judge needs to be disbarred

[@ItsMe-pr6fo]

Funny how when you follow their own rules the police/judges will move the goal posts to still be in the "right"

[@kxht]

The scariest thing in this whole story is the judges inclination to convict because a personal can appeal a bad ruling. How many people got railroaded and remain convicted because they couldn't afford an appeal? There is an institutional lack of accountability of the police in this case. This is the definition of a broken system.

[@RT-gv6us]

Very well done. I live in Oregon and a number of years ago our state legislature voted in a law that prohibits Police from conducting sobriety checkpoints. To be honest I feel it should be that way in all 50 states.

[@suedenim9208]

The part I'm still puzzled about is how determining if a driver is drunk requires checking the license and registration of a driver who was stopped at rando and not based on probable cause.

[@carolinec2073]

5:30

[@roadrunner3867]

As others have said, the rule book means nothing if they can rewrite it in the courtroom. American Justice is becoming an oxymoron.

[@bleebu5448]

Recent stats on DUI checkpoints show that there are far more arrests and tickets written for lack of documentation, suspended DL's etc. than for DUI, Many DUI check points result in 0 DUI's, but dozens of tickets and arrests for documentation, warrants, equipment violations, DL problems. These are becoming de facto "papers please" stops, not sobriety check points.

[@ivermectin1908]

The real question is this. Since a court ruled it an unconstitutional stop, did every other defendant get their case or conviction thrown out? If not, they ALL need to file for it and then file a lawsuit for malicious prosecution when the prosecutor knew it was an unconstitutional stop.

[@furyofbongos]

"Don't talk to the police." Probably the very best advice a lawyer can possibly give.

[@jesusgavemeaids]

Here In WV I was arrested - to my surprise, convicted - of DUI even after passing the breath test with ALL ZEROS. & the breath test was literally the only test they did.

[@The78vikings]

I miss these segments!! Keep 'em coming sooner!! I know you're a practicing attorney but the help you provide nationwide is a true and valuable service to us all. Best Wishes!!

[@Mintstar_Oceanpop]

While I congratulate you on your win in court, it is sad that authorities can just change their written language to avoid legitimate defenses of the Constitution.

[@aaronjoby]

You definitely had a judge who deals with these officers on a daily basis. As far as I’m concerned, the first judge was quick to convict.

[@kdw75]

It always seemed illegal to me since they are stopping people without cause, so even if they found the person drunk or a body in the back seat, those should not be able to be used in court.

[@stevepettersen3283]

Court cases can be decided on details, sometime small. My favorite DUI/DWI nit pic is when newscasters and even the police misstate the legal limit for Blood Alcohol Content (BAC). In Washington state it is 0.08% BAC. Yet many simply refer to it as ".8". I've told a police officer I knew years ago that .8 is incorrect. He wanted to argue it. I told him that if a person had a BAC of .8 he/she likely would be dead from alcohol poisoning. I get the eyeball roll like I'm being picky but respond "Isn't that what you do every time you're on duty"?

[@kdavis1492]

My girlfriend got stopped for a headlight out. A Sargent and 4 trainee cops. She got 5 searches, 5 breathalyzers, and 1 blood test. She blew .01. I was amazed she blew sober. They didn't ticket her. She also had an ounce of pot and a couple of prescription pills. Pills that weren't hers, but she has prescriptions for one or more of almost the same medicines. But waited almost 2 years to charge her. In court the D.A. claimed some paperwork was lost. Just so happened, I saved the copy of her breathalyzer they gave her. The line for the consent to a blood test was blank. Whole case was screwy. At one point they tried to charge her fees for house arrest. But she was never put on house arrest. Using my copy of the breathalyzer report, her public defender got her off all charges.

[@brian-my7ym]

Let's be honest here, with civil asset forfeiture and qualified immunity, the only thing really surprising about this case is that they didn't drag the guy out of the car on the premise of smelling weed beat him and then take his wallet and impound his car to keep it. Modern day highwaymen

[@PALM311]

I love when the people that are supposed to uphold the laws actually make up laws instead.

[@Dr.M.VincentCurley]

Did the prosecution call a ferret from the side of the road to testify too? TWO gaping holes and the judge allows it to continue, I'm disgusted. I'm assuming that this was a jury trial instead of a bench trial at least?