Today was interesting. I got a supoena for a DOL hearing for a DUI I did back in February. The interesting thing about the justice system is how slow it goes. The supoena was over the phone and was scheduled for 11am today. I was a bit nervous about it. I had printed off the report because I didn't even remember the case. Well I got a call from a DOL officer and she confrenced me in with the defendant's attorney. Let the fun begin. Keep in mind I did this DUI stop like 2 months ago. This is why writing a good report is so important. They always say to write reports for the future not the present. This is mostly because you will never remember these small details that the defense claims is so important.
So I'm talking with the guy and of course he makes me look like a total idiot. He picks all the minute details (that really have nothing to do with the case) that I didn't include in the report and asks me everything about them. I said "I don't recall" probably 100 times today. I hate defense attorneys. He spent 10 minutes having me describe the BAC datamaster room (the place where you give the official breath test). I'll give you just a brief idea of how these lawyers work. When you get your license you sign something called an implied consent for DUI. Basically this means that you have the right to refuse to blow into the machine but by doing so you forfit your license for a year. Well when you are in the room with the guy you have to "observe them" for 15 minutes before beginning the test. This is called the observation period.
Well the lawyer today was asking me about that time period. I told him that I had observed the driver the entire time (which is required by law). Well then he asked me if after reading him his rights (for the second time also required by law) if he asked for a lawyer. I said yes. Did you provide him with an opportunity to call a lawyer......yes I did. How did you do this. I called a defense attorney (several available at 2am and there is a list you call from in the room). I gave him my work cell phone to talk to the driver. Like any good lawyer he told the guy to refuse to answer any questions and just blow into the machine.
Well on the phone today the lawyer started harping on the fact that while I gave him an observation (as required) I didn't allow a private room for his client to talk to his attorney. How am I supposed to do that if I have to observe them at all times for that 15 minute observation period? Loopholes......on and on it went. He asked me to recite some of the field sobriety test instructions over the phone VERBATIM he kept stressing. Well there is no way I was gonna fall for that so I kept stressing that I give the same instructions every time but I'm not sure if the EXACT wording is the same. Seriously lame.
Anyway......I could go on and on but its just dumb. Its no wonder why alot of guys dont like doing DUI's. This state is ridiculous in their defense attorney loopholes. Its like you want to scream to them....well hope its not you that your client plows into after drinking all night.
On my Friday I worked some speed enforcement at a school zone. I had no idea that the penalties were so stiff for school zones and they are uncontestable. You have to pay no matter what. I had never worked one of those before so me and my partner tore it up. We wrote like 15 tickets in 45 mintues. We were nice though and only wrote the people for doing 5 over but most of the people were doing at least 12 or 14 over...the penalty on that is almost 500 bucks...yowser! It was pretty fun but man my partner (who is a traffic guy by trade) could scratch out about 3 tickets for every one of mine.
I had one stop on a gal who had the most interesting middle name. There is no way it was not made up or changed on purpose to it....unfortunately I don't name names on here and I so wish that I could because it was sooooo funny.
Had a few Code runs (lights and sirens) last week that were really fun. I'm getting alot more comfortable with them and it feels alot more natural, I'm not as stressed out about them now so you are able to drive better when that happens. The best part is most of them did not involve any paperwork after so thats good. NO paper no problem.
Well I'm running into that same problem because the wife just got home and she needs the computer so I'm gonna have to cut this one short. More later guys. Hopefully when I get back on nights in another couple weeks I'll have some better stuff.
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