# Is this legal? **URL:** \ **Category:** In My Humble Opinion\ **Created:** [March 28, 2013, 6:29am UTC](https://boards.straightdope.com/t/is-this-legal/654160 "2013-03-28T06:29:34Z")\ **Posts on this page:** 20\ **Page:** 9
**Author:** ![cochrane](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/cochrane/32/10441_2.png) [@cochrane](https://boards.straightdope.com/u/cochrane)\ **Post date:** [April 7, 2013, 9:14am UTC](https://boards.straightdope.com/t/is-this-legal/654160/161 "2013-04-07T09:14:11Z")
Every time I see this thread, I’m reminded of Palpatine from The Phantom Menace. “My Lord, is that legal?” “I will make it legal.” ---
**Author:** ![ChickenLegs](https://avatars.discourse-cdn.com/v4/letter/c/ecc23a/32.png) [@ChickenLegs](https://boards.straightdope.com/u/ChickenLegs)\ **Post date:** [April 7, 2013, 3:07pm UTC](https://boards.straightdope.com/t/is-this-legal/654160/162 "2013-04-07T15:07:53Z")
> [@Saraya](#): > > If the story checks out, and he was on his premises, in his own vehicle then despite whatever local laws MAY apply, the state would have a hard time getting anything serious to stick. > > I’d find a travesty against liberty if you’d be charged for sitting in your car having a beer. They tried to get this guy for sitting in truck that wouldn’t even run. [http://www.heraldtribune.com/article/20110807/ARTICLE/110809650?p=1&tc=pg](http://www.heraldtribune.com/article/20110807/ARTICLE/110809650?p=1&tc=pg) ---
**Author:** ![ogional](https://avatars.discourse-cdn.com/v4/letter/o/779978/32.png) [@ogional](https://boards.straightdope.com/u/ogional)\ **Post date:** [April 8, 2013, 3:47am UTC](https://boards.straightdope.com/t/is-this-legal/654160/163 "2013-04-08T03:47:24Z")
> [@Martin\_Hyde](#): > > Certainly possible. I was speculating perhaps he bought it at Wal-Mart where he works since he mentions driving _to Wal-Mart_ to buy his beer at 8:45 and later mentions he works at Wal-Mart. It’s possible it’s a different Wal-Mart and the one he works at doesn’t sell beer. But if his coworker supposedly saw him walk out of the building with beer at 7:30 it would make more sense that he bought it where he works. > > It’s also strange a coworker would make the assumption that someone buying beer = someone driving drunk. I buy beer all the time and it typically leads to me placing it in my refrigerator at home…some people apparently need to chug it in their driveway but to each their own. The walmart I work at does sell beer. I went home and realized I wanted beer for the day. So I went back to buy beer at 8:45am. I did not carry a case of beer out at 7:30 am I was off property and at my apartment by 7:30am. Its just an old habit I got. I can’t have a smoke unless I’m listening to some kind of music. ---
**Author:** ![Furious\_Marmot](https://avatars.discourse-cdn.com/v4/letter/f/dfb087/32.png) [@Furious\_Marmot](https://boards.straightdope.com/u/Furious_Marmot)\ **Post date:** [April 8, 2013, 4:00pm UTC](https://boards.straightdope.com/t/is-this-legal/654160/164 "2013-04-08T16:00:51Z")
> [@ogional](#): > > I can’t have a smoke unless I’m listening to some kind of music. Does the court recognize the inability to smoke without music as a defense against DUI in your area? You may want to check with your lawyer on that one. Or your uncle, or your former coworkers, whichever. ---
**Author:** ![DrFidelius](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/drfidelius/32/3447_2.png) [@DrFidelius](https://boards.straightdope.com/u/DrFidelius)\ **Post date:** [April 8, 2013, 4:30pm UTC](https://boards.straightdope.com/t/is-this-legal/654160/165 "2013-04-08T16:30:25Z")
> [@Furious\_Marmot](#): > > Does the court recognize the inability to smoke without music as a defense against DUI in your area? You may want to check with your lawyer on that one. Or your uncle, or your former coworkers, whichever. It might be an ADA issue. ---
**Author:** ![ogional](https://avatars.discourse-cdn.com/v4/letter/o/779978/32.png) [@ogional](https://boards.straightdope.com/u/ogional)\ **Post date:** [April 8, 2013, 8:06pm UTC](https://boards.straightdope.com/t/is-this-legal/654160/166 "2013-04-08T20:06:12Z")
That is where aspergers comes in. I tend to repeat my self because I think in patterns. so ya it could be a very good defense. I talked to my lawyers office the receptionists told me that he filed for a deposition instead of motion to suppress and continuance so I don’t know exactly whats going on and if a deposition is a good thing. ---
**Author:** ![Furious\_Marmot](https://avatars.discourse-cdn.com/v4/letter/f/dfb087/32.png) [@Furious\_Marmot](https://boards.straightdope.com/u/Furious_Marmot)\ **Post date:** [April 8, 2013, 8:40pm UTC](https://boards.straightdope.com/t/is-this-legal/654160/167 "2013-04-08T20:40:53Z")
> [@ogional](#): > > That is where aspergers comes in. I tend to repeat my self because I think in patterns. so ya it could be a very good defense. I talked to my lawyers office the receptionists told me that he filed for a deposition instead of motion to suppress and continuance so I don’t know exactly whats going on and if a deposition is a good thing. Does the court recognize Asperger’s as a defense against DUI in your area? You may want to check with your lawyer on that one. Or his receptionist, or your uncle, or your former coworkers, whichever. If it is a defense, do you need a diagnosis from a doctor? Or can your lawyer, his receptionist, your uncle, or your former coworkers diagnose it? ---
**Author:** ![ogional](https://avatars.discourse-cdn.com/v4/letter/o/779978/32.png) [@ogional](https://boards.straightdope.com/u/ogional)\ **Post date:** [April 8, 2013, 9:34pm UTC](https://boards.straightdope.com/t/is-this-legal/654160/168 "2013-04-08T21:34:24Z")
> [@Furious\_Marmot](#): > > Does the court recognize Asperger’s as a defense against DUI in your area? You may want to check with your lawyer on that one. Or his receptionist, or your uncle, or your former coworkers, whichever. > > If it is a defense, do you need a diagnosis from a doctor? Or can your lawyer, his receptionist, your uncle, or your former coworkers diagnose it? I don’t know. They did for pocs w/o script I told them I had Aspergers I like to collect weird objects. I had a script for what i was arrested for. So the state was thinking about dropping the charges because I had a script but they said the script was too old for them to take. Then they came back around and said that I shouldn’t have my charges dropped because of my disabilities. It’d be unfair to the rest of the people that committed crimes or they’d have to drop charges for everyone else. I just had a shitty lawyer then. ---
**Author:** ![Loach](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/loach/32/350_2.png) [@Loach](https://boards.straightdope.com/u/Loach)\ **Post date:** [April 8, 2013, 10:19pm UTC](https://boards.straightdope.com/t/is-this-legal/654160/169 "2013-04-08T22:19:36Z")
> [@Furious\_Marmot](#): > > Does the court recognize Asperger’s as a defense against DUI in your area? You may want to check with your lawyer on that one. Or his receptionist, or your uncle, or your former coworkers, whichever. > > If it is a defense, do you need a diagnosis from a doctor? Or can your lawyer, his receptionist, your uncle, or your former coworkers diagnose it? How would it be a defense? Just curious about your thought process here. ---
**Author:** ![Furious\_Marmot](https://avatars.discourse-cdn.com/v4/letter/f/dfb087/32.png) [@Furious\_Marmot](https://boards.straightdope.com/u/Furious_Marmot)\ **Post date:** [April 8, 2013, 11:02pm UTC](https://boards.straightdope.com/t/is-this-legal/654160/170 "2013-04-08T23:02:13Z")
> [@Loach](#): > > How would it be a defense? Just curious about your thought process here. Shit if I know. I’m not the one claiming it is. I am also not a lawyer, nor anybody’s lawyer, nor the OP’s lawyer. And I’m sure as heck not giving out legal advice. He seems to have plenty of people in real life to do that. As far as I can tell, the OP thinks his smoking habits have some bearing on the DUI charge. I said what amounted to “Check with one of the parties you have said are giving you legal advice: lawyer, uncle, coworkers, receptionist.” He then comes back with something about Asperger’s as a defense, so I more or less repeat myself: “Check with one of the parties you have said are giving you legal advice: lawyer, uncle, coworkers, receptionist.” The followup to that one was completely unintelligible to me. ---
**Author:** ![Loach](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/loach/32/350_2.png) [@Loach](https://boards.straightdope.com/u/Loach)\ **Post date:** [April 9, 2013, 12:03pm UTC](https://boards.straightdope.com/t/is-this-legal/654160/171 "2013-04-09T12:03:52Z")
> [@Furious\_Marmot](#): > > Shit if I know. I’m not the one claiming it is. I am also not a lawyer, nor anybody’s lawyer, nor the OP’s lawyer. And I’m sure as heck not giving out legal advice. He seems to have plenty of people in real life to do that. > > As far as I can tell, the OP thinks his smoking habits have some bearing on the DUI charge. I said what amounted to “Check with one of the parties you have said are giving you legal advice: lawyer, uncle, coworkers, receptionist.” > > He then comes back with something about Asperger’s as a defense, so I more or less repeat myself: “Check with one of the parties you have said are giving you legal advice: lawyer, uncle, coworkers, receptionist.” > > The followup to that one was completely unintelligible to me. You obviously know nothing of our legal system. All legal questions should go through Walmart. Stay informed people! ---
**Author:** ![ogional](https://avatars.discourse-cdn.com/v4/letter/o/779978/32.png) [@ogional](https://boards.straightdope.com/u/ogional)\ **Post date:** [April 9, 2013, 12:13pm UTC](https://boards.straightdope.com/t/is-this-legal/654160/172 "2013-04-09T12:13:32Z")
My lawyer filed for a deposition instead of a motion to suppress. So It’d take longer to find out what the hell is happening. Fucking lawyer. ---
**Author:** ![Loach](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/loach/32/350_2.png) [@Loach](https://boards.straightdope.com/u/Loach)\ **Post date:** [April 9, 2013, 12:25pm UTC](https://boards.straightdope.com/t/is-this-legal/654160/173 "2013-04-09T12:25:12Z")
> [@ogional](#): > > My lawyer filed for a deposition instead of a motion to suppress. So It’d take longer to find out what the hell is happening. Fucking lawyer. I have no idea what that means. A deposition is out of court oral testimony. A motion to suppress is a request to the judge to have certain evidence thrown out, usually because it was obtained improperly. Apples and oranges. Your statement does not make sense. Nothing that you have written seems to show that any evidence was obtained improperly. A motion to suppress does not appear to have any chance of working. Unless you are somehow leaving things out. ---
**Author:** ![ogional](https://avatars.discourse-cdn.com/v4/letter/o/779978/32.png) [@ogional](https://boards.straightdope.com/u/ogional)\ **Post date:** [April 9, 2013, 3:02pm UTC](https://boards.straightdope.com/t/is-this-legal/654160/174 "2013-04-09T15:02:06Z")
> [@Loach](#): > > I have no idea what that means. > > A deposition is out of court oral testimony. > > A motion to suppress is a request to the judge to have certain evidence thrown out, usually because it was obtained improperly. > > Apples and oranges. Your statement does not make sense. Nothing that you have written seems to show that any evidence was obtained improperly. A motion to suppress does not appear to have any chance of working. Unless you are somehow leaving things out. Cops can not pull you over based on a tip or anonymous tip. That is not probable cause to pull you over. It’d violate your fourth amendment If a cop does. That is how my lawyer is going to file for a motion to suppress the stop. ---
**Author:** ![Shodan](https://avatars.discourse-cdn.com/v4/letter/s/9f8e36/32.png) [@Shodan](https://boards.straightdope.com/u/Shodan)\ **Post date:** [April 9, 2013, 3:24pm UTC](https://boards.straightdope.com/t/is-this-legal/654160/175 "2013-04-09T15:24:44Z")
Cops do not need probable cause to “pull you over”. They need probable cause to arrest you. First you said your lawyer was filing for a “deposition” instead of a “motion to suppress”. Now you claim he is filing a motion to suppress. You need to listen a lot more closely to what your lawyer says. Regards, Shodan ---
**Author:** ![GrandWino](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/grandwino/32/67_2.png) [@GrandWino](https://boards.straightdope.com/u/GrandWino)\ **Post date:** [April 9, 2013, 3:31pm UTC](https://boards.straightdope.com/t/is-this-legal/654160/176 "2013-04-09T15:31:31Z")
> [@ogional](#): > > Cops can not pull you over based on a tip or anonymous tip. That is not probable cause to pull you over. It’d violate your fourth amendment If a cop does. That is how my lawyer is going to file for a motion to suppress the stop. Is seeing a guy pounding beer in his car at 9:30 in the morning not probable cause? And there’s no way Asperger’s will be any kind of defense. If you’re able enough to receive a driver’s license, you should be able to follow the rules of the road. ---
**Author:** ![lawbuff](https://avatars.discourse-cdn.com/v4/letter/l/13edae/32.png) [@lawbuff](https://boards.straightdope.com/u/lawbuff)\ **Post date:** [April 9, 2013, 4:19pm UTC](https://boards.straightdope.com/t/is-this-legal/654160/177 "2013-04-09T16:19:50Z")
> [@ogional](#): > > Cops can not pull you over based on a tip or anonymous tip. That is not probable cause to pull you over. It’d violate your fourth amendment If a cop does. That is how my lawyer is going to file for a motion to suppress the stop. did you read my post, #92; An anonymous tip “may” provide the basis for an investigative detention, more commonly known as a Terry stop., see Florida v. J.L. The facts are important on what the officer had in his mind for the “totality of the circumstances”. ---
**Author:** ![Loach](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/loach/32/350_2.png) [@Loach](https://boards.straightdope.com/u/Loach)\ **Post date:** [April 9, 2013, 5:35pm UTC](https://boards.straightdope.com/t/is-this-legal/654160/178 "2013-04-09T17:35:50Z")
> [@ogional](#): > > Cops can not pull you over based on a tip or anonymous tip. That is not probable cause to pull you over. It’d violate your fourth amendment If a cop does. That is how my lawyer is going to file for a motion to suppress the stop. I’ve done it from time to time over the course of 15 years. Not grounds for suppression. Try again. ---
**Author:** ![ogional](https://avatars.discourse-cdn.com/v4/letter/o/779978/32.png) [@ogional](https://boards.straightdope.com/u/ogional)\ **Post date:** [April 11, 2013, 10:43pm UTC](https://boards.straightdope.com/t/is-this-legal/654160/179 "2013-04-11T22:43:51Z")
Went to court. State agreed they don’t care if xanax is in my system as long as i have a valid prescription for it. They said there is no need for trial, subpenas, or depositions. Lawyer said he will have it thrown out. The judge came back around and talked about my pocs w/o script charge. He said wait a second this doesn’t make sense and said I shouldn’t be charged for pocs w/o script If I had a script then and got a script now. So my lawyer had to go back and talk to the state for the felony charge. He came back and said that he just didn’t want to back door the state attorney and mess up my case. He said the Pocs w/o script will get dropped. ---
**Author:** ![ogional](https://avatars.discourse-cdn.com/v4/letter/o/779978/32.png) [@ogional](https://boards.straightdope.com/u/ogional)\ **Post date:** [April 11, 2013, 11:23pm UTC](https://boards.straightdope.com/t/is-this-legal/654160/180 "2013-04-11T23:23:14Z")
forgot to add aspergers can be used in any crime as a defense even RAPE. [Previous page](https://boards.straightdope.com/t/is-this-legal/654160.md?page=8) [Next page](https://boards.straightdope.com/t/is-this-legal/654160.md?page=10)