AR, How would you defend this guy?

H

huskernumerouno

All-American
G.I. man arrested on fourth DUI charge in 5 weeks

By The Associated Press

Monday, Feb 25, 2008 - 09:57:50 am CST

GRAND ISLAND — A man who had been arrested three times in four weeks on suspicion of driving under the influence has been arrested again — his fourth DUI arrest in five weeks.

Michael Van Boening of Grand Island was arrested by a Nebraska state trooper early Sunday morning in York County near Interstate 80.

A York County sheriff’s department spokeswoman said Monday that the 23-year-old Van Boening remained in York County jail. Van Boening’s first DUI arrest was Jan. 20 in Grand Island. His baby daughter was in the car, so he also was charged with felony child abuse.

His second DUI arrest came Feb. 2, also in Grand Island. His third DUI arrest occurred on Feb. 10 in Hamilton County.

THIS IS ABSOLUTLEY CRAZY :bang :bang :bang

 
huskernumerouno said:
G.I. man arrested on fourth DUI charge in 5 weeksBy The Associated Press

Monday, Feb 25, 2008 - 09:57:50 am CST

GRAND ISLAND — A man who had been arrested three times in four weeks on suspicion of driving under the influence has been arrested again — his fourth DUI arrest in five weeks.

Michael Van Boening of Grand Island was arrested by a Nebraska state trooper early Sunday morning in York County near Interstate 80.

A York County sheriff's department spokeswoman said Monday that the 23-year-old Van Boening remained in York County jail. Van Boening's first DUI arrest was Jan. 20 in Grand Island. His baby daughter was in the car, so he also was charged with felony child abuse.

His second DUI arrest came Feb. 2, also in Grand Island. His third DUI arrest occurred on Feb. 10 in Hamilton County.

THIS IS ABSOLUTLEY CRAZY :bang :bang :bang
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There aint much any lawyer could do at this point. The only thing the lawyer could possibly accomplish is a plea bargain?!! :dunno

 
:angry:

Don't let him back on the streets, ever. He is an uncontroled lethal weapon that obviously doesn't care about his safety or the safety of anyone else.

>>>T_O_B

 
I heard on the radio recently a guy who had just accomplished his 19th DUI or something like that . . . this guy might be on par to beat him.

 
I was at a party last year and one of the attendees was a lawyer that did alot of work defending DUI clients. He said that he had a few clients that had been arrested twice in the same day! They'd get arrested in the afternoon, get out on bail, go drinking some more and get arrested again that night! CRAZY!!!

 
And pot is illegal. Maybe prohibition and tobacco prohibition should be instituted. I don't smoke the gaunja mon but it seems to be less lethal than Etoh and tobacco. And think of all that excise tax money we are missing out on. Plus more people would be coming into my jail and would create an extremely good job security program for me(as if there aren't enough perps already :) ). :koolaid2: I'd rather my son be out on patrol arresting some mellowed out potmeister than some liquid courage buttmunch. :cheers

GBR

 
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I arrested a guy for OWI a few weeks ago and he had just gotten and OWI 3 days earlier. He still had the paper driver's license on him. I don't think that case is going to make it to trial.

 
Makes you gentleman in law enforcement feel helpless. I can imagine your blood pressure going through the roof. Here you are trying to make a difference, and you have all these repeat DUI offenders (many times at that) back on the street. :dunno

All I can say is do the best job you can under a screwed up legal system. :angry:

 
Spartness said:
Makes you gentleman in law enforcement feel helpless. I can imagine your blood pressure going through the roof. Here you are trying to make a difference, and you have all these repeat DUI offenders (many times at that) back on the street. :dunno
All I can say is do the best job you can under a screwed up legal system. :angry:
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Two years ago the Texas State Legislature finally pulled their heads out of their asses and made DWI with a child under the age of 16 a felony. I nailed a few of these sh#t bags in my day. When it comes to endangering children in any form, the state of Texas will hammer your a$$ against the wall!

 
Easy. Take it to trial. Raise the spectre that the police have targeted this guy out of some kind of malice. Look for every little detail that can be used to argue that the cops hate the guy. Argue to the jury that the reason for probable cause is to ensure that a police state can't arise, and that if they don't send a message now, they place society on a slippery slope to everyone being targeted just because the police don't like the way they look, the way they talk, etc.

That'll be $15,000 for the consultation, by the way, Uno...

 
okay, let me pose a question to AR and BRI...

I read something (yes I know, don't believe everything you read on the internet) about just refusing the tests they try and give you. Refuse the field test and then the breathalyzer when you get to the station. Then they have no proof that you were over the limit.

I'm guessing there is some sort of way police deal with certain people who try this, but it got me wondering if it was true. I mean, if there is no tangible proof you can't charge them with it can you? At least not as far as to take away their license?

Or is this a case where you just strap the guy down and draw blood out of him to test?

Don't worry, I wouldn't have the balls to ever try it :)

 
AR Husker Fan said:
Easy. Take it to trial. Raise the spectre that the police have targeted this guy out of some kind of malice. Look for every little detail that can be used to argue that the cops hate the guy. Argue to the jury that the reason for probable cause is to ensure that a police state can't arise, and that if they don't send a message now, they place society on a slippery slope to everyone being targeted just because the police don't like the way they look, the way they talk, etc.
That'll be $15,000 for the consultation, by the way, Uno...
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Or what they do in my District (Felony) or County (Misdemeanor) court is....the prosecutor will 1245 (merge all the charges together to save the county a lot of money) let the guy plea to 1 DWI, place him on deferred adjudication and send him on his mary way. :steam

 
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bennychico11 said:
okay, let me pose a question to AR and BRI...

I read something (yes I know, don't believe everything you read on the internet) about just refusing the tests they try and give you. Refuse the field test and then the breathalyzer when you get to the station. Then they have no proof that you were over the limit.

I'm guessing there is some sort of way police deal with certain people who try this, but it got me wondering if it was true. I mean, if there is no tangible proof you can't charge them with it can you? At least not as far as to take away their license?

Or is this a case where you just strap the guy down and draw blood out of him to test?

Don't worry, I wouldn't have the balls to ever try it :)
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In Nebraska, and in most states, if the police have probable cause, and you refuse the test, then you are guilty of refusal to submit, which has the same penalty as the DUI, plus you are still subject to the DUI prosecution if it can be proved by some other means.

So generally, you don't want to refuse. I suppose if you've had three DUIs in your past, and no refusals, and you get pulled over and you know your are drunk, you might want to refuse and hope they have no other way to prove you're under the influence, because a first offense refusal would be much, much better than a felony fourth offense DUI.

Best solution is to not drink and drive.

 
AR Husker Fan said:
Easy. Take it to trial. Raise the spectre that the police have targeted this guy out of some kind of malice. Look for every little detail that can be used to argue that the cops hate the guy. Argue to the jury that the reason for probable cause is to ensure that a police state can't arise, and that if they don't send a message now, they place society on a slippery slope to everyone being targeted just because the police don't like the way they look, the way they talk, etc.

That'll be $15,000 for the consultation, by the way, Uno...
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$15,000 for a consult, just think what he would charge for representation

 
First to BRI and all other members of law enforcement who who haqve to deal with these drunken a$$ holes. Thank you from the bottom of my heart for everything that you do, you are not given near enough credit for what you do. Stay alert, don't get caught off guard and stay safe, we need you.

Second, cabs are cheap. We don't care if those of you who drink and drive kill yourselves, its when you kill our loved ones that we too become homicidal. TAKE A F'N CAB HOME YOU STUPID BASTARDS.

Third, if you get caught driving drunk more than once in a life time I have a spot in a Lepor Colony for you to live in. Let the penality fit the crime.

>>>T_O_B, (Just an inch to the right of Ghengis Kahn)

 
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