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.”
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
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.
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.
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?
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.
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.
You obviously know nothing of our legal system. All legal questions should go through Walmart. Stay informed people!
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.
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.
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
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.
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”.
I’ve done it from time to time over the course of 15 years. Not grounds for suppression. Try again.
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.
forgot to add aspergers can be used in any crime as a defense even RAPE.