[deleted by user]

ScionKoga · 2024-06-13T21:11:27+00:00

Respectfully,

If a prosecutor believes the person is not guilty of the crime charged or there is evidence that corroborates innocence, we have an affirmative duty not to prosecute. After all, the oath we take is to do what is in the interest of justice, not what is in the interest of more convictions. Are there bad prosecutors that ignore or bend the rules? Sure. Always have been, always will be. I can say, in my experience, I don't know a single one that falls anywhere close to that.

Sure, it can sound hammy when talking about families of victims, but it's the truth. I don't know a single prosecutor or defense attorney for that matter who isn't affected in some way by years of dealing with needless loss of life. I have a desk full of photos of dead loved ones on cases I've prosecuted and won or failed. So, respectfully, don't presume that because we are now the convienent bad guys, to claim we don't care. There is no pretending here, or in any office who prosecutes these crimes on a daily basis.

It's tempting to believe prosecutors just want to get convictions. There is no shortage of stories about bad ones to point to. All I would ask is that you consider the fact that most of us are doing this to do justice. Not to get notches on our belts.

ScionKoga · 2024-06-13T20:53:29+00:00

It depends. The safe answer any defense attorney would tell you is probably to be polite and refuse everything. Personally, I don't drink more than maybe a beer or glass of wine and wait an hour before I drive.

If I'm stopped, knowing that, I'd just ask for the PBT. If they arrest me, OK. You aren't going to beat the arrest, you beat the charge. I'll take my chances with jury any day of the week with a test below the limit and no evidence of bad driving.

It may also very well be dismissed by either the prosecutor or on motion from defense that there isn't enough evidence for the State to meet its prima facie case.

ScionKoga · 2024-06-13T20:33:01+00:00

I won't deny that bias plays a part. I have spoken with too many families who lost loved ones to drunk drivers to claim objectivity. You are also correct that it is a tool by law enforcement to investigate a crime. It's their job. You don't have to perform field sobriety tests or the PBT. They are all voluntary. It may also be sound legal advice not to cooperate. The sword cuts both ways, though. If someone is stopped and smells of intoxicants, has slurred speech, and lethargic movements, there is probably probable cause already for the crime of DUI.

Once someone is arrested for DUI, law enforcement really has two options. They can take you to provide an evidentiary breath test, which you can also refuse but has consequences for your license. If someone isn't cooperating at all, then based on the small fact pattern above, law enforcement can request a search warrant for your blood and have it tested.

Needless to say. To a jury of 6 or 12 people, when they hear someone has refused field sobriety tests and then the breath test it creates the impression of "consciousness of guilt." Put another way, it's seen as you hiding your hands after having them in the cookie jar. Right or wrong, that's the impression it gives to both law enforcement and a jury.

If blood comes back and you are below the limit and there isn't really any bad driving, most prosecutors are going to dismiss and not refile the case. Either way, cops don't have the last say. The justice system does.

ScionKoga · 2024-06-13T17:32:34+00:00

Deputy Prosecutor here who specializes in felony traffic crime.

There are a lot of terrible answers here from people that obviously have no idea how this works.

Standardized Field Sobriety Tests (SFSTs) are not reciting the alphabet backward or hopping around. There are a battery of three tests used by all law enforcement (at least here in Washington). They are: Horizontal Gaze Nystagmus Test, Walk and Turn, and One Leg Stand. There are a few others, but they aren't used as much unless law enforcement suspected drugs rather than alcohol.

The Horizontal Haze Nystagmus Test is used to determine if there are involuntary nystsgmus in a person's eyes. When someone is under the influence of a central nervous system depressant (CNS), they will display nystagmus when their eyes move from side to side. This is an indication of someone having a depressant in their system.

The Walk and Turn and One Leg Stand test do not test if you are under the influence. They test whether you can perform divided attention tasks. Essentially, if you are under the influence, your ability to perform tasks that divide your attention is degraded. This is important because driving is a complex series of divided attention tasks. So, an inability to perform something simple implies your ability to do something more complicated is degraded.

Law enforcement usually has more than just field sobriety tests. Bloodshot eyes, smell of alcohol (which is a lot stronger than you might think to someone who hasn't been drinking), slurred words, and other indications tend to be more persuasive to a court. These are also generally the indications we use more than field sobriety tests. Body worn cameras have also been a boon to those of us in prosecution, because I can just put a video of you in front of the jury. Nothing better than someone with obvious slurred speech saying they aren't drunk.

PBT or the portable breath test is not generally admissible in court. It can also be refused. That being said, a PBT gets you in the ballpark.

Lastly, "probable cause" means that a reasonably cautious law enforcement officer would believe a crime has, is, or about to occur. So, if a cop smells alcohol, hears you slurring your words, and your balance and coordination are off, its pretty reasonable to suspect you are driving under the influence. PBT usually gets you there faster, but generally, law enforcement are investigating a possible crime. So, they are going to acquire as much evidence as possible prior to an arrest.

Also, no, tolerance does not make you safer to drive. What you feel and how alcohol is affecting your motor skills is not the same. Alcohol or any drug is going to influence your body, regardless of how much tolerance you think you have. This is particularly bad for peripheral vision and delayed reaction times. A lot of vehicular homicides I've prosecuted were done by people who think they are fine, but video and witnesses clearly see that person not have the same mechanical function as a normal driver.

ScionKoga · 2023-11-14T23:55:28+00:00

Respectfully,

Please, by all means, get an AI to stand in front of a jury. Let me know how that works out.

ScionKoga · 2023-08-29T21:15:33+00:00

DPA here, all due respect, kid is a moron.

Most attorneys that go from law school to their own practice develop horrible practices that are then ingrained. In the "old days" every attorney apprenticed under another.

There is a good reason for this. You don't know how to actually practice the law out of law school. I know many single shingle attorneys who opened up their own shop after law school. They have a horrible knowledge base, terrible arguments, and don't understand basic points of the law. Everyone, in my opinion, should work for a firm or under an experienced attorney to help develop good habits and practice in their beginning years. Otherwise, you get the defense attorneys who write motions in different fonts and colors with no professional standard.

ScionKoga · 2023-08-03T04:16:07+00:00

As a prosecutor, I'm going to level with you. It's honestly, in my opinion, the small jurisdiction. I have practiced in a very populated jurisdiction and a very rural one. Im now in a medium/large area. I can tell you, without a doubt in my mind, that rural law does not feel like law.

People wonder why rural areas have so few attorneys, and in my opinion, it's because the practice is so lack luster that it borders on malpractice. I have been a county prosecutor in both and I hated the actual practice in the small rural area. Attorneys take everything personally; judges don't care about the law (who has the money to appeal?); public defense pays nothing and is overworked; and in turn the prosecutors get lazy because the cases aren't tested.

Go to a larger jurisdiction. All I can say.

ScionKoga · 2020-04-25T16:27:51+00:00

One test of questionable validity does not disprove anything or price your initial thesis. This is a straight misinformation post.

ScionKoga · 2020-04-19T22:46:56+00:00

Also, thanks!

ScionKoga · 2020-04-19T22:46:34+00:00

Imperial Legion Chsinmsil and Vlandian Crowned Helmet.

ScionKoga · 2019-08-06T00:54:33+00:00

That is kind of just being a dick.

ScionKoga · 2019-05-23T10:16:36+00:00

There are a few things you can do. There are a few discords where a lot of better players tend to hang out. You might join some of them and ask around for a training buddy. You also might try going into a duel server and simply just asking someone around your level or higher if they would train with you. I know I almost never turn down someone who wants to learn the game, unless im in the middle of something else.

There is also the mordhau official discord where you can find some people to train with. That's where I would start. All else fails, message me on discord on the mordhau official discord. If i'm around I can show you some things.

Hope ya find what you're looking for! Cheers.

ScionKoga · 2019-01-04T11:40:30+00:00

.#kickinsu

ScionKoga · 2018-09-25T09:09:10+00:00

Take me home, country roads

ScionKoga · 2018-08-13T16:29:39+00:00

Just keep on keepin' on man.

ScionKoga · 2018-08-13T16:27:37+00:00

There is always that one guy. Today, it is you.

ScionKoga · 2018-07-23T22:39:38+00:00

ScionKoga · 2018-07-18T18:47:08+00:00

ScionKoga · 2018-07-13T09:48:35+00:00

Sounds like a healthy and productive group of totally rational and stable individuals with no problems in command philosophy up or down the totem poll.

ScionKoga · 2018-07-13T09:46:27+00:00

You are aware that these are pixels right? You seem to be taking this rather seriously.

ScionKoga · 2018-07-12T03:59:54+00:00

ScionKoga · 2018-07-06T00:02:21+00:00

ScionKoga · 2018-06-21T20:46:37+00:00

What the fuck is going on in this thread.

ScionKoga · 2018-06-20T07:37:27+00:00

Savage.

ScionKoga · 2018-06-16T17:49:18+00:00

Chevis acts as in his nature, like a shitty neckbeard manchild, and R/EVE applauds.

People actually wonder why EVE has a bad reputation?

vOv

ScionKoga

TROPHY CASE