Ced 911 Call: 'They are beating a black kid'

[halsteadfrost]

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[cochamps]

^ (see Jive Turkey post)
Having served on several juries, I can only say "amen". I have seen several jurors who I truly don't think would be smart enough to come in out of the rain.

 

[Big Horn]

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If your answer was that refusing a breath test shows that you might have been over a 0.080 g/210l, fine, you have just violated the oath required of every juror and the court's charge as nothing therein asks whether you think the defendant was over 0.080.
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hmmm, not so much. either element is sufficient for a DWI conviction, intoxicated to the point where one's physical/mental faculties are lost OR BAC of 0.08 or higher.

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Yes, so much. Ok, Sooner, I will type this slowly so that you will understand.

Where there is no breath test, you cannot be found guilty of having over a 0.080 because there is no evidence of it. In fact, that option will not even be in the jury charge or the complaint and information.

In a BTR (breath test refusal) case, the jury charge only authorizes a conviction if the jury is convinced beyond a reasonalble doubt that the defendant lost his/her mental or physical faculties due to alcohol, etc.

 

[Schlieffen Plan]

"Hey Dad, I am afraid my cellphone battery won't last long enough to describe the incident to the 911 operator so I will describe the exact same incident to you. Also, tell 911 there are cops beating up a black kid, be sure they know to send more cops."

I am glad Cedric isn't picking his women for their brain power.

 

[GuadaHorn]

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[Ramathorn]

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[Austin180]

Check your TDL manual. I believe the underlying legal reasoning that none of the Constitutional protections we like to think we have apply to driving (or boating) is because driving in Texas is defined as a privilege, not a right.

Pls weigh in, attys.

 

[PipFunatUT]

wow boating out there seems like hell... no wonder i never had any friends wanting to go boating while i was in school at UT... we always get plastered out on the boats where i am from

 

[Austin180]

I recall the LCRA patrols began around 1973 when I grad'd UT and moved to CA. I haven't boated on Lake Travis since then.