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by WildBill
Sat Mar 05, 2011 4:18 pm
Forum: General Texas CHL Discussion
Topic: case law for "intoxcated" limit while CC
Replies: 62
Views: 10825

Re: case law for "intoxcated" limit while CC

boba wrote:
sjfcontrol wrote:smarmy isn't exactly the term I was reaching for, but at least it IS a word! (unlike swarmily) :mrgreen:
The right word might violate a few forum rules.
What I really meant to say was "swarmingly". :cool:
by WildBill
Sat Mar 05, 2011 9:43 am
Forum: General Texas CHL Discussion
Topic: case law for "intoxcated" limit while CC
Replies: 62
Views: 10825

Re: case law for "intoxcated" limit while CC

sjfcontrol wrote:
WildBill wrote:
sjfcontrol wrote:Ignoring the issue of medical problem v.s. intoxication -- they asked her to step out on her porch, then arrested her for public intoxication. Isn't that entrapment? They asked her to step outside just so they could get her in a "public" place (still on her own property), to make it illegal so they could arrest. Seems pretty smarmy to me. :mad5
No, it's not entrapment, but I believe that this happens often in this type of situation.
Why not? They are asking the person to do something illegal, then arresting them for it. What's missing?
Asking someone to go outside isn't illegal. If they ordered her to go out, maybe. Maybe one of the LEOs or lawyers can give you a better answer. I just know that this isn't the first time this has happened. I believe it is standard practice.

P.S. I am not sure exactly what "smarmy" means, but I will concede that they acted swarmily. ;-)
by WildBill
Sat Mar 05, 2011 9:03 am
Forum: General Texas CHL Discussion
Topic: case law for "intoxcated" limit while CC
Replies: 62
Views: 10825

Re: case law for "intoxcated" limit while CC

sjfcontrol wrote:Ignoring the issue of medical problem v.s. intoxication -- they asked her to step out on her porch, then arrested her for public intoxication. Isn't that entrapment? They asked her to step outside just so they could get her in a "public" place (still on her own property), to make it illegal so they could arrest. Seems pretty smarmy to me. :mad5
No, it's not entrapment, but I believe that this happens often in this type of situation.
by WildBill
Fri Mar 04, 2011 11:23 pm
Forum: General Texas CHL Discussion
Topic: case law for "intoxcated" limit while CC
Replies: 62
Views: 10825

Re: case law for "intoxcated" limit while CC

This story is about a woman arrested for PI after her son tried to explain her medical condition before that took her to jail.
“The officer told me to sit down and if I said one more word that I was going to be arrested," her son said.

He said he tried to show police his mother's medical records that show she goes to speech therapy.

“And I got arrested for that," he said of his attempt.
http://www.khou.com/home/Stroke-victim- ... 05243.html" onclick="window.open(this.href);return false;
by WildBill
Fri Feb 11, 2011 3:41 pm
Forum: General Texas CHL Discussion
Topic: case law for "intoxcated" limit while CC
Replies: 62
Views: 10825

Re: case law for "intoxcated" limit while CC

Keith B wrote:
sjfcontrol wrote:
Keith B wrote:And of course, not real.
Aww, Keith! Next you'll be telling us there is no Santa Claus, or Tooth Fairy! :cryin
Nope, would never tell you that. It's just that people who are drunk only THINK they can dance this well. ;-)
I think the same goes for SWI [singing while intoxicated]. :mrgreen:
by WildBill
Tue Feb 08, 2011 9:58 am
Forum: General Texas CHL Discussion
Topic: case law for "intoxcated" limit while CC
Replies: 62
Views: 10825

Re: case law for "intoxcated" limit while CC

Kythas wrote:Which is why I don't drink, even though my case of Meniere's is the mildest my doctor has ever seen. My main issues with it are the tinnitus and migraines. Still, I'd never heard of the disease before being diagnosed. Since only about 2% of the population has this disease I'd bet that most cops have never heard of it. I would fully understand if a police officer didn't believe me if I told him I couldn't walk a straight line due to an inner ear disease.

I stopped drinking years ago mainly because I have no desire to wear silver bracelets. I'm not big on jewelry, you see.
One of the most famous cases of Meniere's is astronaut Alan Shepard who was grounded for 5 years until he had surgery.
by WildBill
Sat Feb 05, 2011 7:16 pm
Forum: General Texas CHL Discussion
Topic: case law for "intoxcated" limit while CC
Replies: 62
Views: 10825

Re: case law for "intoxcated" limit while CC

HankB wrote:Much testimony and cross examination, but somewhere along the line, the defendent removed his glass eye and held it up for all to see, while his lawyer asked the officer "Did THIS eye look drunk to you as well? Do you need to see it more closely?" (takes eye from defendent and approaches officer) "Would you please demonstrate how you determined he was drunk by looking at this eye?"

Amused jury. Upset judge. Angry prosecutor. Red-faced officer.

Acquittal.
This is the stuff of movies. ;-)

I have a similar story, but not so dramatic. I had a friend who contracted polio when he was a child and spent a year in an iron-lung. Because of his polio, one leg was shorter than the other and he spend the rest of his life having to wear a brace. He called it his "peg leg".

One night he was driving and got pulled over by the police for suspected "DUI". Of course, with one leg shorter than the other, he couldn't walk a straight line if his life depended on it, so he was arrested. He tried to explain his situation to the officer, but he wouldn't listen. I wasn't there, but I can imagine that Joe wasn't the most co-operative suspect.

Anyway, he had to hire a lawyer. His lawyer got a letter from his doctor and sent it to the DA, who eventually dropped the charges so he didn't have to go to trial.

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