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Lack of Evidence


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#1 siggly

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Posted 16 July 2013 - 07:01 PM

I am currently fighting a DUI.  The Breathalyzer was thrown out by the state of kansas due to the Police officers not being certified to give one.  I filed a motion of discovery releasing the video of me being arrested.  In the video one of the police officers is seen stealing money from me.  Also both officers admit to not being certified to give a sobriety test.  For an hour in the video i am telling the officers that their line is not straight enough for me to walk safely and negotiating terms for me to give them a breath test.  I have asked the judge to dismiss the case due to lack of evidence this was denied.  I turned down their plea.  And asked to go to trial.  I am representing myself.  Is there anyway to get the video thrown out?  And do I have any chance to beat this with out an attorney?



#2 adjusterjack

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Posted 16 July 2013 - 07:29 PM

 I am representing myself.  

 

Incredibly bad idea.

 

 Is there anyway to get the video thrown out?  

 

The judge already ruled against you on the dismissal.

 

I think you won't make out any better on the video.

 

Besides, I can't imagine why it should be. It wasn't illegal to make it. It shows exactly what happened. Based on your side of the story I would think it would be to your advantage to keep it in.

 

And do I have any chance to beat this with out an attorney?

 

Snowball's chance in you know where.

 

The consequences of getting convicted are astronomically unpleasant and will f--- up your life for many years to come.

 

Hire yourself a DUI lawyer or you are toast.


Warning: Legal issues are complicated. Explanations and comments here are simplified and might not fully explain the ramifications of your particular issue. I am not a lawyer. I do not give legal advice. I make comments based on my knowledge and experience. I guarantee nothing. If you act on my comments without the advice of an attorney, you do so at your own risk.


#3 Tax_Counsel

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Posted 16 July 2013 - 08:27 PM

Is there anyway to get the video thrown out? 

 

Nothing you've said here suggests any reason for suppressing the video. Indeed, there likely isn't any reason for the court to suppress it, though of course I don't have all the facts and haven not seen the video myself so I can't give you a definite answer on that.

 

If you appear to be intoxicated on the video, it may indeed hurt you. Otherwise, from what you've said, it may help you. So, why is that you want the video suppressed?

 

 

 

 And do I have any chance to beat this with out an attorney?

 

I don't know because (1) I don't have all the facts of the case and (2) I don't know how well you know the law, court rules, how to select a jury, how to present the case to jury, how to get evidence admitted, when to make proper objections, etc. If you are not very familiar with the things I listed in (2), then your chances are not going to be nearly as good as if you had an attorney, assuming you have a good defense you can assert at trial. Spend the money and get a DUI attorney. If you can avoid conviction or lessen the consequences of this, it will be money well spent.



#4 Guest_FindLaw_Amir_*

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Posted 17 July 2013 - 11:22 AM

To learn more about this subject matter, you may want to visit the DUI Law Center and read DUI Charges as a good resource. If you need further clarification on your specific case, you may want to consult with a local DUI Lawyer.



#5 siggly

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Posted 17 July 2013 - 06:46 PM

Thank you for your responses.  Also I was wondering if i could and how to get a change of venue?  The judge was my fathers attorney and they had a bad falling out also he was a prosecuting attorney several years ago on another case against me I obtained his home phone number and called him having a conference call with one of the witnesses in the case the witness admitted to him that he had lied in his statement he was fairly upset that I had called being that it was a felony case also said that he did not care whether or not the witness had lied and that he had enough evidence to convict me without his testimony and had a desire to see me in jail.  Also the prosecuting attorney on my present case was a court appointed attorney for me in the past and i fired her in court due to incompetence upsetting quite abit.



#6 Fallen

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Posted 18 July 2013 - 12:26 PM

No one on a message board will be walking you through how to seek a change of venue -- as to whether it could happen, in theory, anything is possible.  Chances are you're barking up the wrong tree.

I would hope that you have sought a jury trial. 

Certainly, you should be reminding the judge of what I'm sure are the default rules of judicial conduct with regard to his OBLIGATION to disqualify himself without even being requested to do so (as it relates to the falling out with your father).

It is unclear why you engaged in ex parte discussion with the judge, or why the judge allowed it.  Given KS is a one-party consent state for recording, I hope you recorded the phone call.

 

If you file a motion for him to recuse himself and he denies it, can't know from here whether you're in a position to file an interlocutory appeal.

 

Seems to me you're being foolish to not at least consult with an attorney or two on the discrete topics you raise, if not full representation.


I'll echo PG's advisory "warning" with a twist: (Many) legal issues are complicated. Explanations and comments here might not fully identify or explain the ramifications of your particular problem. I do not give legal advice as such (and such is impermissible here at any rate). Comments are based on personal knowledge and experience and legal info gleaned over a quarter century, and every state has differing laws on and avenues to address most topics.  If you need legal advice, you need to consult (and pay) a professional so that you may have someone to hold accountable.  Acting on personal and informational advice from a stranger on the internet is a bad idea -- at least not without your own thorough due dilience/research and confirmation as it applies to your situation.  :)


#7 Fallen

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Posted 18 July 2013 - 12:28 PM

... and if you didn't record the phone call with the judge -- he must be high or delusional to have said what he did in that call, if he indeed did -- I might call again and ask him "How on earth can you rationalize what you said a couple of weeks ago about wanting to see me punished and you don't care whether I did what I'm accused of?"  I'd want to see if a leading question or two will produce anything that amounts to an admission that he said X.

 

If the video shows what you say it did, and you have a jury trial, I should think it may help more than hurt.


I'll echo PG's advisory "warning" with a twist: (Many) legal issues are complicated. Explanations and comments here might not fully identify or explain the ramifications of your particular problem. I do not give legal advice as such (and such is impermissible here at any rate). Comments are based on personal knowledge and experience and legal info gleaned over a quarter century, and every state has differing laws on and avenues to address most topics.  If you need legal advice, you need to consult (and pay) a professional so that you may have someone to hold accountable.  Acting on personal and informational advice from a stranger on the internet is a bad idea -- at least not without your own thorough due dilience/research and confirmation as it applies to your situation.  :)


#8 TheGeneral_KD

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Posted 26 July 2013 - 08:25 PM

Thank you for your responses.  Also I was wondering if i could and how to get a change of venue?  The judge was my fathers attorney and they had a bad falling out also he was a prosecuting attorney several years ago on another case against me I obtained his home phone number and called him having a conference call with one of the witnesses in the case the witness admitted to him that he had lied in his statement he was fairly upset that I had called being that it was a felony case also said that he did not care whether or not the witness had lied and that he had enough evidence to convict me without his testimony and had a desire to see me in jail.  Also the prosecuting attorney on my present case was a court appointed attorney for me in the past and i fired her in court due to incompetence upsetting quite abit.

 

Alright, I'm not trying to be a prick, but in your post you have zero periods between "the judge" and "in jail", wherein you have typed about five sentences. It makes it incredibly hard to read and comprehend. If punctuation is more than you can handle, then you're going to get eaten alive in a courtroom. Again, I'm not trying to be rude or judgmental, I just don't want you to get hit by a figurative freight train. Somehow, some way, get a lawyer.

You have no grounds to suppress the video, but if it's beneficial to you like you say, let them introduce it. Why wouldn't you? But the lawyer that you desperately need to hire will take care of that.






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