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Old 04-15-2013, 09:23 PM  
MrMaxwell
Too lazy to set a custom title
 
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Join Date: Jul 2005
Posts: 10,057
Quote:
Originally Posted by baddog View Post


Maxwell, take a wet reckless, you will not beat this.



You can take this with as many grains of salt as you desire, but I am willing to bet that I have spent more time in courtrooms than everyone in this thread combined; if that is your defense just go an hope the cop doesn't show up. If he does, offer to do a plea for a wet reckless. You will convict yourself the moment you start speaking in your defense. If you want to stand a chance, start off by writing a list of questions that you will ask the cop. You want the cop to tell your story, your questioning should make up your testimony. You testify after the prosecution rests; you will have the opportunity to cross-examine the cop, take advantage of it. They are not used to it.

When the cop testifies for the state, pay attention to if he answered one of you questions or not as you can't ask the same question more than once. If he says something you disagree with, write it down, and ask for clarification.



What was the vehicle code section(s) you were cited under?




I understand that it would probably be suicide to represent myself .. I'm just very frustrated

Questioning the officer is the key to any coherent defense- I am surprised that anyone here managed to know that.. I always did think you were pretty intelligent, there. Even if you ARE a beer snob

Any coherent lawyer could help me with this case, I am sure of it. I have video of me parking smoothly and perfectly parallel to the shoulder line and audio of the officer admitting that I did well on the field test even though it was very very cold outside and trucks were passing us at 60+mph. I was freezing to death with noisy traffic behind me and shivering and I still passed his tests.

THEN- I asked if I was fucked if I refused to take the FST - and that is where it got real interesting. After he said a bit about what would be done to me for a refusal charge, I told him "I'll just take it" meaning I would take the refusal charge ... he went and got the machine as if I didn't have a choice. I didn't want to take the test because I know those machines are insane, but, I was pretty sure I was fucked if I didn't.

The officer was pretty friendly and didn't hate me, even on the way to the station, he seemed like he felt bad about taking me in. I believe that he knew I wasn't drunk. They ALWAYS show up though, here. Always.

Original Charge - Statute

KSA Number: 08.1567.e
KSA Text: Driving under influence of alcohol or drugs; 2nd conviction
Chapter: 08 Degree: MDA
Level Class: Misdemeanor Offense Class: Misdemeanor Class A
Attempted Conspiracy Solicitation:
Felony or Misdemeanor: M Drug or Non-Drug: Non Drug
Person or not: Undefined Reporting Group: CHAPTER 8
Statute Revision: 201107 Section: 1567
Sub-Section 1: e Sub-Section 2:
Sub-Section 3: Sub-Section 4:



PS: There is no wet reckless here.. there's also no hardship exemption for the admin / license side of it. They end you here.

Last edited by MrMaxwell; 04-15-2013 at 09:25 PM..
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