~DUI

[Ken Tarver]

.WILL LET YOU KNOW HOW IT TURNS OUT
Started this post back in January, had more to say at the time but was advised to NOT say too much, THANKS YOU. So I edited the post down to almost nothing.

Had been to lunch with 6 friends in Hernando, MS on January 14.
I rode the Valk.

Been to court 3 times, Feb 19, Mar 19, and today April 2.

You CAN beat a DUI, all you need are some technicalities, like a zero breathalyzer and a negative urinalysis drug test.
Jan 14. On the scene, the cop just is hammering me over what I had to drink, asking over and over, then telling me I had been drinking and had Vodka in my water at lunch. Arrested, placed in cuffs and taken to station. After passing the breathalyzer he starts on me about being on "something" RX pills, whatever he can think of, then says I'm experimenting with marijuana. Taken to the county jail and held for 6 1/2 hours. Went for drug test next morning

The DUI charge was dismissed today.

Feb 19, the cop did not show for court, so my case was postponed, he was subpoenaed for the next court date.
A friend of mine goes to church with the dui supervisor, he tells my friend the cop was supposed to call him to the scene. At some point in time the cop ask the supervisor how he would have handled it, super says he would have cut me loose at the scene.

March 19, in court again, waiting my turn, cop shows for court so he and attys go to the back room for "hell I don't know" a consultation of some sort? Any way  after awhile my lawyer comes out and says they (police) have a video (the reason for the initial stop, "being close to the curb and moving in the lane. OK....so case postponed again so my atty can see the video. TV station was there for the story, the chief asked the camera man why he was there. He was really pissed when he found out it was on my case, said "that was already supposed to be settled and thrown out per the mayor!"

Today, April 2 back in court, cop there, prosecutor, my atty go to the back room again, to see the video. My atty comes out and tells me there is no video, they thought there was video but now somehow there isn't. I've a sneaking suspicion there was video but it showed nothing I did wrong and the prosecutor told the cop he was an idiot, the video makes us look bad and guilty of being stupid.
This cop is so incompetent, he can't even keep the correct copies of the citation for himself, and gives me the wrong copies. In my book, such lack of attention to detail would disqualify him from being in law enforcement. I may be somewhat biased, but would fire his ass.

So DUI charge was dismissed and I pleaded "no contest" to the careless and paid a fine.

Yeah go ahead and say it, you would have done this and this and this and would now do this and that.
Well, I tell ya, I am worn down about all this crap and at this point just want to get on with what use to be my little simple life of being Semi-retired, own a part time business now, schedule my work to when I want to. Ride my bikes, enjoy life with the wife and friends and play with the grand kids.....just maybe after some peace of mind time, I will pursue some retribution.

This had been my 1st and only time to ever be arrested, jailed, and in court on any charges.
Have always been a supporter of obeying the law (well maybe some speeding, gotta get in the wind some) and supporter of police and respected the job they do in low paying positions. Hell this cop was hired 2 1/2 years ago at 12.50 an hour (looked it up on the city's website minutes of city council meeting).

But when reading or watching the news and some of the stories about abuses of law enforcement, one begins to question what the real purpose of police depts. and sheriff depts is now days. It's more like the are just revenue enhancement tools for the cities and counties, and the state. You know the slogan on police cars..."to serve and protect?" Substitute "stick 'em up and gimme your wallet".

To all you LEO types out there, I don't suspect ALL are like this guy, surely he is in the minority we hope. The nation does seem to be coming closer to a "police state". "Show me your papers"

Perhaps, this is just one bad apple in the barrel? Maybe an overly aggressive, arrogant, rogue cop?....or maybe an attitude of corruption coming from "downtown" to bring in the money to the town coffers.

HOPE TO SEE/MEET MANY OF YOU AT INZANE

Ken

[Bighead]

How the hell can he get you for DUI when you passed his breathalyzer? I know where Hernandez is been through there I guess it is the small town way of making money.
When you win this case you need to slap a law suite on the city,county and personally the officer if he can call himself that.
And I am not the use happy type and personally think way too much of it happens but in this case even if you don't get anything out of it you will make them spend some of your tax money to defend themselves.

[Fritz The Cat]

Welcome to Obama's police state America. Just as in NAZI Germany, the gutter has come to power.

[Rams]

May I ask the stated reason you were initially pulled over?   I've never been stopped that I wasn't informed, just curious.

[BamaDrifter64]

Driving under the influence can be alcohol or drugs.  I don't know MS law, but if he thought you were under the influence of something and your driving was affected, even though he can't prove it in court, he'll arrest you for DUI just to get you off the street.  Seen it done here in AL many times.

Dave

[saab9k]

How the hell can he get you for DUI when you passed his breathalyzer? I know where Hernandez is been through there I guess it is the small town way of making money.
When you win this case you need to slap a law suite on the city,county and personally the officer if he can call himself that.
And I am not the use happy type and personally think way too much of it happens but in this case even if you don't get anything out of it you will make them spend some of your tax money to defend themselves.

This is MS, cops are not very educated. Up south of Memphis is pretty bad for writing tickets.

Know, live 90 miles south.

[BF]

What the hell did they put in that baloney?

[Ken Tarver]

where you at saab, you going to Inzane?

[Chaosandconfusion]

I live in Florida and I hear that the more north I go the far south it gets.

[Serk]

Ugh, that doesn't sound good... Who'd you piss off? 

[Jess from VA]

Ken, we have several VRCC attorneys who are closer to your area of the country, but I would be happy to talk with you about this case.  Not on the forum, and you should not write anything on the forum you don't want the prosecutor or judge to read (yes, highly unlikely, but ......). 

I have sent you a PM. 

Call me if you want.

[fudgie]

Wow!   Yea why did he stop you initinally? I think you will become the mayor real soon.  Get a good lawyer, hell even a bad one might win your case.

[Ken Tarver]

fudgie & rams~  he said I was close to the curb when pulling out of driveway of restaurant, and moved in the lane after getting onto the street.

bamadrifter~ note. had negative drug test next morning


Ken

[donaldcc]

Ken, we have several VRCC attorneys who are closer to your area of the country, but I would be happy to talk with you about this case.  Not on the forum, and you should not write anything on the forum you don't want the prosecutor or judge to read (yes, highly unlikely, but ......). 

I have sent you a PM. 

Call me if you want.

I agree with Jess.  don't be blabbing on forum.  express your displeasure and anger in court.  consulting an attorney you trust is good advice.  I suspect that trying to extract $$$ from city or county (whoever employed LEO) will be frustrating, futile and expensive.

have charges dismissed and move on would be my advice.

[donaldcc]

Welcome to Obama's police state America. Just as in NAZI Germany, the gutter has come to power.

 how the heck do you get Obama's name in this Fritz?  just wondering that maybe don't like him so feel you need to throw in a dig regardless of the subject of the post.

by the way, Romney won the electoral votes in Mississippi in 2012.

[BamaDrifter64]

As a former prosecutor, I can tell you that trying to do anything other than get the charges dismissed will be futile.  A breath test of .08 or more just makes you legally intoxicated by alcohol.  A negative breath test doesn't make you innocent of DUI by itself.  Much more involved, but to try to make a civil case out of it, unless there are extenuating factors, will just move money from your pocket to your lawyer's pocket.  Your attorney will tell you more.

Dave

[Gavin_Sons]

So you guys are saying any pig can pull you over at any time and charge you with DWI? I dont think so, I would sue the police department and the city. Thats why I hate cops. If you passed his test then you should have been on your way home soon after. Not in the back of his car under arrest. Get a lawyer and sue their asses off and get your charges dropped. They screwed with your life, now it is time to screw with theirs. Also make sure the arresting officer has to resign and say he was wrong. 

[fudgie]

I'm with Gavin. 

If charges are dropped and nothing done to the PD or officer, then they are free to do it again because they nothing will happen to them. Once you hurt them where it counts they will remember.

Happens all the time in OC States where the LEO's enforce 'opinions' and not the laws.

Dont let this go easily, imho.

[Fritz The Cat]

So you guys are saying any pig can pull you over at any time and charge you with DWI? I dont think so, I would sue the police department and the city. Thats why I hate cops. If you passed his test then you should have been on your way home soon after. Not in the back of his car under arrest. Get a lawyer and sue their asses off and get your charges dropped. They screwed with your life, now it is time to screw with theirs. Also make sure the arresting officer has to resign and say he was wrong. 

This.

How bad does abuse of police authority have to get before the fine Americans wake up???

[Skinhead]

You need Jeffery Fieger (sp?).  The guyis a shiest-er, but he can smell money.

[Hooter]

All this should be on a cruiser video?? Just as a bit of information: A PBT (portable breath test) does not seal the deal in a DUI. If there was no PBT used and a regular breath test was administered at the jail and it came up 000s, that merely means no alcohol in the system and is a whole other ball game. I don't know of an officer that doesn't carry a PBT?  The street used PBT is just part of the investigation and another tool used in determining whats going on. Any street breath test is used in association with dexterity test and other on scene testing to decide if someone is under the influence of something.
 

[dreamaker]

.WILL LET YOU KNOW HOW IT TURNS OUT

I went through it many, many years ago and my butt still hasn't healed. The biggest ream job was from my insurance company. I said they would never nail me again so I quit drinking. So I wish you good luck and hope things work out for you.

[musclehead]

Welcome to Obama's police state America. Just as in NAZI Germany, the gutter has come to power.

 how the heck do you get Obama's name in this Fritz?  just wondering that maybe don't like him so feel you need to throw in a dig regardless of the subject of the post.

by the way, Romney won the electoral votes in Mississippi in 2012.

I remember someone got a hang nail back in '04 and blamed it on Bush 

[Art708]

All the talk about suing sounds good when someone else is telling one to sue. I wonder if those who advocate a lawsuit want to contribute to the probably thousands of dollars a suit will cost.....lawyers and lawsuits are not cheap. I think that I'd get the charges dismissed and be satisfied.

[mike4sho]

So you guys are saying any pig can pull you over at any time and charge you with DWI? I dont think so, I would sue the police department and the city. Thats why I hate cops. If you passed his test then you should have been on your way home soon after. Not in the back of his car under arrest. Get a lawyer and sue their asses off and get your charges dropped. They screwed with your life, now it is time to screw with theirs. Also make sure the arresting officer has to resign and say he was wrong. 

Pigs eh.  Well hope you don't ever need one because even though you hate them they will do what they are sworn to do and that's help you.  Grow up and don't act like a fool with name calling.  Pathetic.

[R J]

So you guys are saying any pig can pull you over at any time and charge you with DWI? I dont think so, I would sue the police department and the city. Thats why I hate cops. If you passed his test then you should have been on your way home soon after. Not in the back of his car under arrest. Get a lawyer and sue their asses off and get your charges dropped. They screwed with your life, now it is time to screw with theirs. Also make sure the arresting officer has to resign and say he was wrong. 

Gavin, just because there are a couple of bad apples in the LEO's doesn't mean we are all pigs.

However I will say, when I was working, if you leveled with me and gave a little support for my job, you would of gotten a lot of help from me.    You lie to me and call me a pig, you will definitely go to jail in cuffs.

So my good man, next time please engage you brain before ya open your pie hole.

Thank you.      Retired CHP motor officer.

[BamaDrifter64]

So you guys are saying any pig can pull you over at any time and charge you with DWI? I dont think so, I would sue the police department and the city. Thats why I hate cops. If you passed his test then you should have been on your way home soon after. Not in the back of his car under arrest. Get a lawyer and sue their asses off and get your charges dropped. They screwed with your life, now it is time to screw with theirs. Also make sure the arresting officer has to resign and say he was wrong.  

I've got a law degree and 20 years of legal experience to back up what I'm saying...and you've got....?

Dave

[R J]

So you guys are saying any pig can pull you over at any time and charge you with DWI? I dont think so, I would sue the police department and the city. Thats why I hate cops. If you passed his test then you should have been on your way home soon after. Not in the back of his car under arrest. Get a lawyer and sue their asses off and get your charges dropped. They screwed with your life, now it is time to screw with theirs. Also make sure the arresting officer has to resign and say he was wrong.  

I've got a law degree and 20 years of legal experience to back up what I'm saying...and you've got....?

Dave

32 years on the CHP force.   Went from Recruit to Captain when I retired.

[BamaDrifter64]

So you guys are saying any pig can pull you over at any time and charge you with DWI? I dont think so, I would sue the police department and the city. Thats why I hate cops. If you passed his test then you should have been on your way home soon after. Not in the back of his car under arrest. Get a lawyer and sue their asses off and get your charges dropped. They screwed with your life, now it is time to screw with theirs. Also make sure the arresting officer has to resign and say he was wrong.  

I've got a law degree and 20 years of legal experience to back up what I'm saying...and you've got....?

Dave

32 years on the CHP force.   Went from Recruit to Captain when I retired.

I believe every word you're saying, R J...wasn't directed at you!

Dave

[Hooter]

So you guys are saying any pig can pull you over at any time and charge you with DWI? I dont think so, I would sue the police department and the city. Thats why I hate cops. If you passed his test then you should have been on your way home soon after. Not in the back of his car under arrest. Get a lawyer and sue their asses off and get your charges dropped. They screwed with your life, now it is time to screw with theirs. Also make sure the arresting officer has to resign and say he was wrong.  

I've got a law degree and 20 years of legal experience to back up what I'm saying...and you've got....?

Dave

32 years on the CHP force.   Went from Recruit to Captain when I retired.

   Hmmmm, Pig, I remember being called one of those. After 28 years I got used to being called most anything, BUT THAT. Not unlike you, it usually ended in someone getting a ride. I treated people like I wanted to be treated until the line was crossed. There was an old saying back in the day to people that hated LEOs: "Next time you or one of your family are in TROUBLE, call a hippie. Don't know who they would call today, maybe a tweaker or something?
   You wouldn't be able to walk the streets in your own home town, drive a car or ride a bike, or even go to the grocery store etc: if there were no LEOs. Don't like LEOs is usually a statement made by someone that screwed up and got caught. But they had to blame someone. It has never mattered who you are or what kind of trouble you or your family are in, I never knew a LEO that wouldn't do his job and try to make things right. Officers even die for stupidity!

[Jess from VA]

All the facts are not in (here), and are not probably going to be in here anytime soon.

The facts that are in, are all in his favor.

No one who was ever a rookie at anything failed to make mistakes, that's why they are called rookies.  

So everybody just step back and take a few breaths.

Ken is a smart guy, and is acting in his own bests interests.  Wish him well.

[GiG]

So you guys are saying any pig can pull you over at any time and charge you with DWI? I dont think so, I would sue the police department and the city. Thats why I hate cops. If you passed his test then you should have been on your way home soon after. Not in the back of his car under arrest. Get a lawyer and sue their asses off and get your charges dropped. They screwed with your life, now it is time to screw with theirs. Also make sure the arresting officer has to resign and say he was wrong.

Gavin:
There is no "Passing" the test. It is a sucker bet, fixed to lure in the suckers, just like at the carnival. What do you think think the outcome will be when you are told to stand on one foot ~indefinitely~ while wearing steel-toed riding boots?

They don't make any their quotas for municipal income if they  let you go on your way. You can look Barney Fife square in the eye and say your ABCs front to back standing on your head, walk heeel to toe, and do the eyeball/pencil thing, but it don't matter. Ask him "How am I doing?" Ask him what is the criteria to "PASS", but they ain't gonna tell you OR let you walk. Once they got you in the system, you are gonna PAY!    

Remember, they are here to "Serve and Protect!"  

[Gavin_Sons]

RJ, I believe you were a great officer and it is not the officers like you I dislike. You are right about the few bad apples giving all of you a bad name. I have a few friends that are great officers just because they stay out of the politics and actually do their job. I do not trust any officer until he/she proves to me they can be trusted and talk to me like a human being. Im sorry if I offended anyone here but that is just the way I am.

Bama drifter, I dont care what degree and how many years you have at being this or that. This is my opinion and only mine. Just another one of those things when someone dosent agree with you they get attacked. Go ahead and attact all you want. I just hope you guys realize this was just my opinion and I stand behind it 100%.

[fudgie]

Gavin:
There is no "Passing" the test. It is a sucker bet, fixed to lure in the suckers, just like at the carnival. What do you think think the outcome will be when you are told to stand on one foot ~indefinitely~ while wearing steel-toed riding boots?

They don't make any their quotas for municipal income if they  let you go on your way. You can look Barney Fife square in the eye and say your ABCs front to back standing on your head, walk heeel to toe, and do the eyeball/pencil thing, but it don't matter. Ask him "How am I doing?" Ask him what is the criteria to "PASS", but they ain't gonna tell you OR let you walk. Once they got you in the system, you are gonna PAY!    

Remember, they are here to "Serve and Protect!"  

Geez Jig, are you still bitter cause Officer Sturgis asked what you were drinking?   

[fudgie]

RJ, I believe you were a great officer and it is not the officers like you I dislike. You are right about the few bad apples giving all of you a bad name. I have a few friends that are great officers just because they stay out of the politics and actually do their job. I do not trust any officer until he/she proves to me they can be trusted and talk to me like a human being. Im sorry if I offended anyone here but that is just the way I am.

Bama drifter, I dont care what degree and how many years you have at being this or that. This is my opinion and only mine. Just another one of those things when someone dosent agree with you they get attacked. Go ahead and attact all you want. I just hope you guys realize this was just my opinion and I stand behind it 100%.

You pig! 

[BamaDrifter64]

Bama drifter, I dont care what degree and how many years you have at being this or that. This is my opinion and only mine. Just another one of those things when someone dosent agree with you they get attacked. Go ahead and attact all you want. I just hope you guys realize this was just my opinion and I stand behind it 100%.

Didn't see where I attacked you, Gavin.  Looks like you do know more than me....

Dave

[GiG]

Geez Jig, are you still bitter cause Officer Sturgis asked what you were drinking?

   
You woulda thunk it was the BUST OF THE CENTURY!
All over a cup of ice water on the damn sidewalk!    
Reminds me of a handful of VRCC folks that are SO CONCERNED with what I have to drink...

[old2soon]

When I rolled on my ride today the Missouri Highway Patrol had a license and insurance check point set up. Couldn't find the insurance card in my wallet and had to pull over to the side to get the long form out of my saddle bag. The gal that showed up just as I was getting my paper work out started screaming at the officer's that she had WAY more IMPORTANT things to do than effing around with them.  As I was cranking up to leave they were directing her to the side AND the troopers looked way LESS than happy.  The only real hassel's I've endured while trucking happened in rural Mississippi. Don't know what that say's but that's what happened. RIDE SAFE.

[Ken Tarver]

I can assure you all, I have not a hesitant bone in me to take this to the mat.

Ken

[Oss]

I think I better take DDT up on his offer of an escort thru Ms on my way home
from GOTF     

Sorry to hear of your trouble.

Gig ?  drinking water in Sturgis   ?