DUI charge dropped against Tru

[Potomac Griz]

Seriously, he didn't get tazed. This is a victory.

way to go tru! you da man. :thumb:

Was Tru tazed the last time? I thought he wasn't the one who got tazed...

nope both got stun gunned.

So a stun gun was used as well as a taser?! Wow, did they whip out a cattle prod too?

 

[BDizzle]

Damn he got a harsh sentence for a first time DUI that was reduced to a reckless. He should get a better lawyer.

They were probably still miffed about the negotiations and assertions involving the taser incident. "Harsh sentence"? No jail time, a small amount of money to him. Wreckless is much better than a dui, generally, for the future, and for insurance purposes. Resolution of the matter fairly quickly--as opposed to 6 mos. or a year later.

Well let me use a person I know very well as an example that happened a few months ago.

Previously received a DUI 6 years prior. Was on probation for something else. Got pulled over for swerving. Failed the field sobriety tests. Refused a breath test. They got a warrant and took his blood. It came in at .17. His lawyer and the prosecutor agreed to lower it to reckless driving. $300 fine. No jail time. Didn't lose his license. No classes. Wore a SCRAM for a few months.

So while I agree with everything that you said I still think his lawyer could've done a better job comparing to what my friends lawyer did for him. Maybe the quality of Billings lawyers is better.

 

[GrizPony]

Missoula over-charges crimes and fails to be as reasonable on plea bargains compared to everywhere else in the state. They have free interns from the law school so they have more bodies to handle the cases.

 

[getgrizzy]

way to go tru! you da man. :thumb:

Was Tru tazed the last time? I thought he wasn't the one who got tazed...

nope both got stun gunned.

So a stun gun was used as well as a taser?! Wow, did they whip out a cattle prod too?

haha. no. just a taser, i think. the article i'm reading says police "stunned kemp with a taser" and "johnson then was stunned, too." i inserted the word gun. my fault.

 

[Jerry Punch]

Missoula over-charges crimes and fails to be as reasonable on plea bargains compared to everywhere else in the state. They have free interns from the law school so they have more bodies to handle the cases.

This shows that you have zero clue what you are talking about. Both separate government entities are completely inundated with cases. Interns do little to slow anything down. You know what Trumaine could have done if he was really sober? Provided a breath sample. But he didn't and wasted everyone's time and money fighting the case, including his own.

That's why blood draw exists now. It is to prove the life truth that you cannot hide what is in your blood. If you drive drunk, that's on you. Driving isn't a right. It's a privilege. Abusing that privilege has consequences. If you didn't abuse if, like Trumaine says he didn't, then you should be more than capable of showing that you are sober.

 

[GrizPony]

Again Donkey Punch. There are free third year law students that do lots of work for the city and county in Missoula, including court work, and the other counties in Montana don't have those resources. Accordingly, Missoula over-charges based on those free resources. As a result, you can get a better result for almost any charge in almost every other city in Montana than Missoula if you do criminal defense. I don't by the way. So a better result in another city does not mean they are better lawyers. It also makes me wonder if free interns somehow violate the equal protection clause of the Constitution, but I digress. I'm not debating drinking and driving and its relative value to society, but nice non sequitur. You need to stop with your inane bullshit and stay on point.

Trumaine didn't waste his time, he saved himself a shitload of money. He did what was logical given the circumstances for him. Every city and county attorneys office is busy. Would it help or hurt to have free third year law students at your disposal if you were a prosecutor? I think even you can understand what I was saying now can't you?

 

[zengriz]

...if you get tazed by a cop...
...and ask him if it'z set on pussy...
...you're sure to get it second time...

... ...

 

[Jerry Punch]

Again Donkey Punch. There are free third year law students that do lots of work for the city and county in Missoula, including court work, and the other counties in Montana don't have those resources. Accordingly, Missoula over-charges based on those free resources. As a result, you can get a better result for almost any charge in almost every other city in Montana than Missoula if you do criminal defense. I don't by the way. So a better result in another city does not mean they are better lawyers. It also makes me wonder if free interns somehow violate the equal protection clause of the Constitution, but I digress. I'm not debating drinking and driving and its relative value to society, but nice non sequitur. You need to stop with your inane bullshit and stay on point.

Trumaine didn't waste his time, he saved himself a shitload of money. He did what was logical given the circumstances for him. Every city and county attorneys office is busy. Would it help or hurt to have free third year law students at your disposal if you were a prosecutor? I think even you can understand what I was saying now can't you?

I understand, but alas you are missing an important part in your legal analysis. There were no legal interns at the scene of the stop. Further, no law students were there to charge Trumaine with DUI. The cop likely did it. This was all before the Missoula City Attorney or County Attorney got involved. Remember, GrizPony, if you refuse a breathalyzer it can be used as evidence of your intoxication at trial. Trumaine refused. That's the law.

What the prosecutor did was amend the charge because it was likely difficult to prove without a breath sample. Interns can't do that. Only attorneys can.

 

[GrizPony]

Remember that was my first post. They amended the charge because they couldn't prove it. You argued with that point. Glad you were able to come full circle despite your ignorance.

P.S. Under the student practice rule 3rd year law students practice as attorneys and can amend charges. Just one more little thing you don't know.

 

[GrizPony]

Looks like the prosecution didn't have the evidence to meet the burden of proof so they plea bargained. Maybe they did learn something from the JJ trial after all....

It doesn't matter now. With DUI refusal laws in place, Tru will be eligible for a blood draw if he tries this again. A burden of proof for refusal is easily established when a Defendant either does or does not provide a breath sample. Tru did not, and by law, he's opened some doors for future criminal endeavors.\

And by the way, it was the City of Missoula, not the County. Good detective work, GrizPony.

See Donkey Punch this is where I made the claim and you started to fight. Now you agree. Weeeeeeee!

 

[Jerry Punch]

Remember that was my first post. They amended the charge because they couldn't prove it. You argued with that point. Glad you were able to come full circle despite your ignorance.

P.S. Under the student practice rule 3rd year law students practice as attorneys and can amend charges. Just one more little thing you don't know.

Wow. You have no idea how it works in Missoula. Law students cannot sign those documents. Only attorneys can. That's what passing the bar gets you.

Remember when I said that a case is difficult to prove without a breath sample? That's why blood draw laws exist. Trumaine's up next if he chooses to drive drunk. Remember, he had on that night the chance to prove his sobriety and will also have the chance next time. But the County or City's case (different entities, you know) will be made much easier when blood is available. A prior refusal is just as good as a prior DUI for that purpose. Look it up.

You get one freebee under Montana law now. He used his.

 

[Jerry Punch]

Looks like the prosecution didn't have the evidence to meet the burden of proof so they plea bargained. Maybe they did learn something from the JJ trial after all....

It doesn't matter now. With DUI refusal laws in place, Tru will be eligible for a blood draw if he tries this again. A burden of proof for refusal is easily established when a Defendant either does or does not provide a breath sample. Tru did not, and by law, he's opened some doors for future criminal endeavors.\

And by the way, it was the City of Missoula, not the County. Good detective work, GrizPony.

See Donkey Punch this is where I made the claim and you started to fight. Now you agree. Weeeeeeee!

What would they have learned from the JJ trial? That crazy women make stuff up? That applies in DUI cases all the time except when they don't . . .

 

[GrizPony]

Looks like the prosecution didn't have the evidence to meet the burden of proof so they plea bargained. Maybe they did learn something from the JJ trial after all....

It doesn't matter now. With DUI refusal laws in place, Tru will be eligible for a blood draw if he tries this again. A burden of proof for refusal is easily established when a Defendant either does or does not provide a breath sample. Tru did not, and by law, he's opened some doors for future criminal endeavors.\

And by the way, it was the City of Missoula, not the County. Good detective work, GrizPony.

See Donkey Punch this is where I made the claim and you started to fight. Now you agree. Weeeeeeee!

What would they have learned from the JJ trial? That crazy women make stuff up? That applies in DUI cases all the time except when they don't . . .

They learned that if you don't have the evidence, you better plea bargain or drop the charges. That, as a taxpayer, is what I hope they learned. Look up the student practice rule and get back to me. You are wrong.

 

[Copper Griz]

Looks like the prosecution didn't have the evidence to meet the burden of proof so they plea bargained. Maybe they did learn something from the JJ trial after all....

It doesn't matter now. With DUI refusal laws in place, Tru will be eligible for a blood draw if he tries this again. A burden of proof for refusal is easily established when a Defendant either does or does not provide a breath sample. Tru did not, and by law, he's opened some doors for future criminal endeavors.\

And by the way, it was the City of Missoula, not the County. Good detective work, GrizPony.

See Donkey Punch this is where I made the claim and you started to fight. Now you agree. Weeeeeeee!

What would they have learned from the JJ trial? That crazy women make stuff up? That applies in DUI cases all the time except when they don't . . .

Jesus Jerry - give it a rest. Any person with common sense could infer what GP was saying with his post. Apparently you have no common sense. I despise drinking and driving by the way, but nothing pisses me off more than pulling a full night shift and having to testify in court for a case that is a certain loser because the evidence is just not there. Don't waste city or county money and the lawman's time. TJ found a loophole essentially to get off. Shame on him - period.

 

[PTGrizzly]

Hopefully he learns that he shouldn't drink and drive again. He's in the NFL, he can afford a cab.

 

[Copper Griz]

Hopefully he learns that he shouldn't drink and drive again. He's in the NFL, he can afford a cab.

EXACTLY :thumb: :thumb:

 

[argh!]

i'm glad you at least changed your 'name'.

 

[Paul Ryan]

Damn he got a harsh sentence for a first time DUI that was reduced to a reckless. He should get a better lawyer.

They were probably still miffed about the negotiations and assertions involving the taser incident. "Harsh sentence"? No jail time, a small amount of money to him. Wreckless is much better than a dui, generally, for the future, and for insurance purposes. Resolution of the matter fairly quickly--as opposed to 6 mos. or a year later.

Well let me use a person I know very well as an example that happened a few months ago.

Previously received a DUI 6 years prior. Was on probation for something else. Got pulled over for swerving. Failed the field sobriety tests. Refused a breath test. They got a warrant and took his blood. It came in at .17. His lawyer and the prosecutor agreed to lower it to reckless driving. $300 fine. No jail time. Didn't lose his license. No classes. Wore a SCRAM for a few months.

So while I agree with everything that you said I still think his lawyer could've done a better job comparing to what my friends lawyer did for him. Maybe the quality of Billings lawyers is better.

BDizzle - If you want to come down to my office and discuss the details of handling a DUI case I will be glad to sit down with you. I have been handling DUI cases for 20 years, maybe you can give me a few pointers on things I have overlooked after doing over 1000 DUI cases during my years of practice. I have been involved in more that 30 alcohol death cases and many other injury cases, both on the Defense side and families that have hired me that have lost people to drinking and driving. I assume there is a reason these people have hired me and continue to hire me. There is a huge difference between a publicized case and an unpublicized case, and who the Defendant is and what their history is in the criminal justice system, etc. I can rattle off story after story of better deals, but each case is different and unique. There are reasons cases are dismissed, plead out for lesser charges, or go to trial. You have no idea what you are talking about in this case in particular. I normally wouldn't respond to someone like you, because I really don't care what you think or what your theories are, because do to no fault of your own you are unaware of the details of a case and in particular the negotiations and why a resolution occurs in the manner that it does. But what bothers me is with the internet there continues to be a trend of guys that are experts on everything hidden behind a fake name while typing on the computer on their couch in the middle of the night. A guy a like you who sits on the sidelines and Monday morning quarterbacks with no idea what actually goes on, will always be just that "a guy on the sidelines". Have a nice day.

 

[wbtfg]

how cute....Paul Ryan thinks he's player rep.

 

[GrizPony]

how cute....Paul Ryan thinks he's player rep.

No, Paul actually knows what happened in the Tru matter unlike most in this thread. The average citizen has no idea what happens in real life. (i.e. Jerry Punch)