I just don’t understand drinking and driving

@Rockhead,

Quote:

deciding that if he didn't turn himself in, that things were gonna get a lot worse...

But if that was his judgment call he was wrong at that point in time.

The way the law seem to be set up at the point he was home he should not had call 911 and just sit tight and not talk to the police or anyone else but his lawyer.

He seems to had gain nothing at all by reporting the accident almost at once and by not calling in he would had make it a far harder task for the state to prove anything.

Damn sad that is how insane our laws and our legal system had become.

2 Replies

@BillRM,

that is, indeed, the view from the dark basement of humanity, bill.

personal responsibility seems a lost cause these days...

1 Reply

@BillRM,

Right BillRM, not calling the police, and remaining a fugitive from justice, really would have improved Swift's situation. Rolling Eyes

It would have given a judge a possible reason to deny him bail.

But, in your sociopathic mind, the most important thing is to try to avoid being caught.

You don't know that he didn't call a lawyer before he called the police--if he even called the police before they tracked him down.

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@Rockhead,

Sorry but from a legal defense view he should had done nothing and if the state does not care about those taking personal responsibility and used such acts only as a means of pilings on more charges and proving more charges the state will get in the end what it deserve.

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@firefly,

Quote:

remaining a fugitive from justice, really would have improved Swift's situation.

Sorry my so call legal expert but he is not at that point a fugitive from anything.

I did not state he should run I stated he should sit tight and let the state prove without his aid that he is guilty of anything.

1 Reply

@BillRM,

cower down and hide is the phrase you are looking for, bill...

1 Reply

@Rockhead,

You can phase it anyway you care to phase it but a citizen had zero obligation to aid the state in putting him in prison.

Remaining silent is the right of everyone looking at the state coming for him and his calling in the accident almost at once was surely the right human thing to do but as in this case the state just use this act again him.

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@firefly,

You mean Firefly bail is not a means to make sure the presume innocent defendant show up for trial but as a means of punishing someone for exercising his legal/constitutional rights to remain silent?

1 Reply

@BillRM,

Quote:

You can phase it anyway you care to phase it but a citizen had zero obligation to aid the state in putting him in prison

Actually we do if we believe that the state is correct that the man is a threat to the collective. The flip side is that we have an obligation to resist the state's efforts if we believe that justice is not being obtained through misdeeds of the state.

1 Reply

@hawkeye10,

Quote:

Actually we do if we believe that the state is correct that the man is a threat to the collective.

I was talking about the defendant rights not to aid in his own prosecution.

The state by charging him with fleeing for going a block or so and calling the accident in is telling all of us the correct and human action will be punish by the state.

I love to know if the driver had a working cell phone with him at the time and if not getting to somewhere that he could call in the accident is the moral thing to do.

1 Reply

@BillRM,

BillRM wrote:

You mean Firefly bail is not a means to make sure the presume innocent defendant show up for trial but as a means of punishing someone for exercising his legal/constitutional rights to remain silent?

There is a movement on from DA's to use bail as a form of punishment, to either resist bail or make the terms so that the individual can not meet them without great difficulty. We saw this clearly with DSK. This is an outrageous abuse of the citizens at the hands of the state, as we have the Constituional right to presumed innocent intil proven guilty, and thus the state does not have the right to keep us in lock-up till trial in most cases. nor to punish us until after they have proven guilt.

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@BillRM,

BillRM wrote:

Quote:
Actually we do if we believe that the state is correct that the man is a threat to the collective.

I was talking about the defendant rights not to aid in his own prosecution.

Oh, in that case you are right. Furthermore it appears that Thom was a fool for doing just that, as the state gives him no credit for the good act, and will use his words against him to the maximum effect possible.

Lesson learned: if you think you might be guilty of a crime do not under any circumstances say anything to the police until you have talked to a lawyer.

1 Reply

@hawkeye10,

Guilty or not guilty it is never never a good idea to talk to the police without legal counsel on hands if there is even a .00001 chance that you might end up being a target of an investigation.

2 Replies

@BillRM,

BillRM wrote:

Guilty or not guilty it is never never a good idea to talk to the police without legal counsel on hands.

It would be very interesting to hear Thom's opinion right now of which was the greater mistake that night, driving drunk or being honest with the police before consulting legal consul.

1 Reply

@hawkeye10,

I also predict that what ever feelings of remorse or regret that he might have had in the days immediately following Barry's death will be tempered with his experience of being abused by the state. If so only those closest to him will know, as any feelings in that regard expressed by Thom will cause the state to turn the screws should the state find out about them.

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@BillRM,

Quote:

Remaining silent is the right of everyone

And just think how many people are wishing you'd exercise that right in this thread. Laughing

1 Reply

@firefly,

Quote:

And just think how many people are wishing you'd exercise that right in this thread.

LOL....................I will even give you a vote up for that.

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@BillRM,

BillRM wrote:

Guilty or not guilty it is never never a good idea to talk to the police without legal counsel on hand
if there is even a .00001 chance that you might end up being a target of an investigation.

Thank u, Bill.
This is a good excuse to re-post these again,
as a public service message:

http://www.youtube.com/watch?v=i8z7NC5sgik

http://www.youtube.com/watch?v=08fZQWjDVKE

1 Reply

We thought this was a lesson for many in town but tonight we learned someone close to us got a DUI last night. I just don’t get it!

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@OmSigDAVID,

David I had posted those videos a numbers of time myself on this system.

They are great and very interesting indeed.

Thanks for doing so on this thread.

2 Replies

I just don’t understand drinking and driving

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