17 drunk driving cases tossed because of police.

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abbyrugby
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Re: 17 drunk driving cases tossed because of lazy police.

Post by abbyrugby »

Fancy wrote:Which is why the system was fixed.


:dyinglaughing: HA HA HA HA................thanks for the laugh. :dyinglaughing:

If you think lawyers like Paul D are finished fighting the IRP, you've sorrily mistaken. The new and "improved" IRP 2.0 is scheduled to go before the Supreme Court in September 2013.

You can put lipstick on a pig................it's still a pig.
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Fancy
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Re: 17 drunk driving cases tossed because of lazy police.

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Did you read the news report? Do you honestly think the photocopying would still be allowed knowing the charges would get thrown out of court? I don't think so.
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simnut
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Re: 17 drunk driving cases tossed because of lazy police.

Post by simnut »

KL3-Something wrote:It comes down to integrity.



You know you have integrity, we know you have...along with other officers on board here. But how do we know the next officer does? You cannot argue the point that there are officers that DON'T have integrity....therefore the courts and yes....lawyers ......NEED to be involved from the onset of any "allegation" to make sure THAT integrity is in place.
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simnut
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Re: 17 drunk driving cases tossed because of lazy police.

Post by simnut »

FreeRights wrote:
Because in either case, the circumstances are the same, and the alleged drunk drivers got off on a technicality.


It's the technicalities that officers hate.....and in some cases...so do I. But, in some cases...it's those technicalities that are put into place to make sure everything is done right.....and if a technicality is in question, so would the whole case.
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simnut
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Re: 17 drunk driving cases tossed because of lazy police.

Post by simnut »

Fancy wrote:Speculation not fact. J

Not speculation...it has happened...and still happens.

Just because the device certificates were photocopied doesn't mean they weren't working.


But proper procedure was not followed. If this procedure wasn't followed correctly, what else wasn't?

I wouldn't want an officers job for anything in the world. If I thought I had many rules and regulations and work....look at what THEY have to deal with......
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Fancy
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Re: 17 drunk driving cases tossed because of lazy police.

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Not speculation...it has happened...and still happens.
That photocopied documents are used to charge innocent people?
Truths can be backed up by facts - do you have any?
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Fancy
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Re: 17 drunk driving cases tossed because of lazy police.

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Roughly seventeen drunk driving cases have been thrown out after police cut corners by photocopying alcohol breath test calibration forms.


This is the topic and what I am referring to. It's speculation to say those people are innocent.
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simnut
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Re: 17 drunk driving cases tossed because of lazy police.

Post by simnut »

Fancy wrote: That photocopied documents are used to charge innocent people?


No, improper procedures (which are in place for a reason, and which this is ONE of ) cause innocent people to be charged.

Do you think officers are perfect? If you do, then courts to you are a waste of time....why have them. If you don't, you have to see that courts/lawyers are a counter check for us citizens......in mind a required component.
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Fancy
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Re: 17 drunk driving cases tossed because of lazy police.

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This is about improperly photocopying a document and drunk drivers let go - there's a lot of threads already started regarding other police incidents.
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Re: 17 drunk driving cases tossed because of lazy police.

Post by simnut »

Fancy wrote:This is about improperly photocopying a document and drunk drivers let go - there's a lot of threads already started regarding other police incidents.


Improper...there is the key word. Improper means not done the right way.......not according to procedure. I know it is a minor issue, but in the line of police work and civilian lives.....this "procedure" thing is important. It tells us ALL where we stand!
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underscore
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Re: 17 drunk driving cases tossed because of lazy police.

Post by underscore »

Fancy wrote:I didn't read it that way - because the documents were photocopied, the judge deemed the devices unreliable and 17 people who had the 90 day ban were let off the hook.


Right, that's why I'm wondering how unreliable it can be. The 90 day ban is for blowing over 0.08, correct? If the most the device could be out of calibration by is say 0.005 after x missed calibrations, and you blow 0.09, even if the device is out of wack you've still got an illegal amount of alcohol in your system.

abbyrugby wrote:Fruit of the poisonous tree.


Care to clarify what you mean by this?
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Fancy
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Re: 17 drunk driving cases tossed because of lazy police.

Post by Fancy »

There was no indication the devices were actually out of calibration.
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abbyrugby
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Re: 17 drunk driving cases tossed because of lazy police.

Post by abbyrugby »

underscore wrote:
Fruit of the poisonous tree.

Care to clarify what you mean by this?


It's a legal metaphor which seems to be applied here: The logic of the terminology is that if the source of the evidence (the "tree") is tainted, then anything gained from it (the "fruit") is tainted as well.

The calibrations were deemed to be tainted by the OSMV ergo, the cases were tossed.
abbyrugby
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Re: 17 drunk driving cases tossed because of lazy police.

Post by abbyrugby »

Fancy wrote:There was no indication the devices were actually out of calibration.


There was no indication the devices were NOT actually out of calibration either.
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Re: 17 drunk driving cases tossed because of lazy police.

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Unreliable doesn't mean tainted so again that's speculation.
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