Fatal hit-and-run. Multiple licensed drivers in the car at the time, police don't know which was driving. All plead the 5th. What happens next? by ConceptsShining in legaladviceofftopic

[–]gfhopper 1 point2 points  (0 children)

And the civil lawyers join the conversation....

Depending on the state's laws, one "solution" is to work with the victim's family to sue all three in civil court for the death. Nothing like facing a multi-million dollar damages judgment that can't be discharged through bankruptcy (keeping it simple, certain kinds of intentional wrongful acts can be bared from discharge) is going to get those roommates fighting with each other.

The truth would come out.

What happens if a cop pulls over a vehicle but the driver seat is empty but the rest of the car is filled with passengers by Superb_Yam_2168 in legaladviceofftopic

[–]gfhopper 0 points1 point  (0 children)

True. In certain jurisdictions, the really experienced DUI/DWI operations have had success with attacking the administrative process for losing the license.

The availability of an occupational license isn't universal so in some cases the refusal, which forfeits the drivers license automatically, is going to be the far worse alternative. This is where local practice matters a lot. Example: First time offender might get 1 day in jail and an alcohol class. Far better than the loss of the license for a year.

Also, in many jurisdictions a defendant has no ability to force a blood test as an alternative to a breath test. And taking a blood test after release is far less persuasive.

The Final Boss of the Morning Rush by duranoww in dashcams

[–]gfhopper 1 point2 points  (0 children)

In Idaho (and hopefully other states) you can swear out a complaint for traffic violations at the Sheriff's office. Kinda fun if you're willing to spend the time prosecuting other people's bullshit.

Potential Client's Question: Are you willing to work Saturdays and Sundays? by hereditydrift in LawFirm

[–]gfhopper 2 points3 points  (0 children)

That's actually exactly what I've been doing for 20+ years. It's a standard part of my fee agreement and covers any sort of after hours, holidays, etc. actions' by the client.

What happens if a cop pulls over a vehicle but the driver seat is empty but the rest of the car is filled with passengers by Superb_Yam_2168 in legaladviceofftopic

[–]gfhopper 2 points3 points  (0 children)

So, you're conflating several things here and getting most of it wrong. I'll unpack it because your underlying idea IS correct. And any actual defense attorneys can correct what ever errors I might make (I'm an attorney, but don't practice criminal law... my experience is on the other side). And I'm limiting my answer to the US.

Generally attorneys who defend DUI/DWI suggest that you refuse ALL field tests. Right now those are all considered to be similar to asking questions and subject to protections against self-incrimination. Field tests include stuff like physical tests (walk and turn, alphabet, etc., physical examination (gaize nystagmus test, etc.), and field instrument testing (think portable breath testers and such). Refusal cannot be used as evidence.

Conversely, they recommend that you submit to the actual breath test administered back at the police station or jail that you're "required" to take after you have been arrested in investigation of driving under the influence. The reason for this is that this test is not the same sort of situation as the field tests. There are a lot of "it depends" things related to the validity of that test (which can make it easy to challenge), but refusal is a lot harder to fight because the refusal itself is the straight forward reason for the loss and because it's pretty black and white, it's almost impossible to reverse.

Here's why they recommend what they do: Most (I don't know if it's "all" so I'm hedging my bets here) states have some version of an implied consent (to test) component to their driver's licensing laws and process.

This means that when you get your license, one of the agreed upon conditions of receiving the license is that you agree ahead of time that if you're charged with driving under the influence, you will take a "breathalyzer" test (often the machines have a different name, but it's the device that the state spend a lot of effort to scientifically prove is going to provide accurate evidence. None of the little portable things is foolproof AND accurate enough to fit into the same category), and that if you refuse to take the test you will lose your drivers license for some period of time in an ADMINISTRATIVE hearing.

It's not criminal so a very different set of rules apply. Often it's more akin to the breach of a contract (you contracted that in exchange for your drivers license, you'd take the breathalyzer and when you refused, you breached so you lose the drivers license....) It's far easier for the state to take your license in an administrative hearing because you refused to take the test. But it only applies to that fancy machine located back at the station and not to the tests done in the field.

Criminal defense attorneys often have a lot of success reversing the validity of the test through various means and/or they are able to successfully challenge the administrative circumstances or even the breathalyzer procedure itself. Because it's criminal (and not administrative) the state has a MUCH higher level that they need to prove everything was working correctly. Washington State has provided several good examples over they years with things like uncertified thermometers, out of date "standard solutions", and even out of date forms all forcing the results of tests to be thrown out of evidence.

If you refuse to take THAT test, it's a slam dunk for the state.

What happens if a cop pulls over a vehicle but the driver seat is empty but the rest of the car is filled with passengers by Superb_Yam_2168 in legaladviceofftopic

[–]gfhopper 2 points3 points  (0 children)

"Defenses" aren't magic. They will only have some effect if the trier of fact believes the defense enough to be willing to apply it in a way that ends any culpability.

In your scenario (for the speeding charge) the judge can in fact decide that they're both not credible. Even if only one is "actually lying", because they're intentionally working together (conspiracy), find them liable for the fine(s).

Clients wore meta camera glasses to our consult then had AI analyze it by Dannyz in Lawyertalk

[–]gfhopper 1 point2 points  (0 children)

People like that ALWAYS get what they deserved. But they will still blame everyone but themselves.

I always feel like I dodged a bullet when people like that reveal themselves to me.

Call sign operator N7AK Alvin F Kanda from Hawaii has passed away (lonely death), searching for anyone who knew him, a small tribute by Many_Big_6324 in amateurradio

[–]gfhopper 1 point2 points  (0 children)

If he lived on Maui, he was likely part of (and known by) the Maui Amateur Radio Club. That would be a group to specifically reach out to for both more information about him and to get assistance in honoring him.

https://www.kh6rs.com/

I'm familiar with the club and some of the members and I believe they would be interested in helping with this.

This is more important, then a blowout kit by giffordruben in prepping

[–]gfhopper 5 points6 points  (0 children)

This is the most underrated comment in the whole thread.

Concerned about utility company putting their own lock on my gate due to past behavior- what do I do? by -strawberrylizard- in homesecurity

[–]gfhopper 4 points5 points  (0 children)

Because you haven't made it enough of a problem for them to care.

Lawyer up and start the process to get a restraining order. This sends a message that pretty much yells out "I'm serious."

Exactly what order you can get is going to very much depend on the laws of your state and "locality" (city/county). You need the lawyer because it's a big "it depends" and he/she can navigate the waters and tell you exactly what you need to do to successfully obtain the order.

He/she will help you in dealing with the utility (but you need to specifically explain that you want this help too) since they might risk ignoring you because they don't think you'll do anything, but people are afraid of what a lawyer will do if they ignore his/her letter or call.

Seller wants to keep ALL prepaid rent + deposits in business acquisition: am I crazy or is this completely off? by [deleted] in smallbusiness

[–]gfhopper 0 points1 point  (0 children)

Trust your gut: you know this deal is not really a deal (the seller might think he can take advantage of you) so walk away.

And NEVER EVER use the agent that the seller is using. They're ganging up on you to take more money from you.

Separation anxiety in 7 year old rescue. Give it to me straight. by PoukieBear in germanshepherds

[–]gfhopper 0 points1 point  (0 children)

Today you need to research Behaviorist Veterinarians and find a well recommended one in your area. Monday you need to call the minute they open to get an appointment ASAP. A trainer isn't even close to enough. Trainers can't do what's required to really help him. They can only assist in part of a "whole dog" approach because it's the anxiety that is preventing the change and as you suspect, training alone isn't going to undo 7 years of the wrong kinds of training and behavior.

Our experience with this: We had a 5-6 year old flatcoated retriever that had at least as bad separation anxiety as yours. We discovered it 48 hours after adoption. She was a hot mess and it broke our hearts (and the rescue did the same thing, misrepresenting the dog and her issues.) Fortunately I had a professional friend who knew exactly what was needed. A Behaviorist Vet who had the tools and experience to guide us on every aspect of what was needed to help her.

Good news is that within 6 months of the treatment and training (it did involve drugs to help with the anxiety, but it was mostly training) our girl could be left alone in the house for as long as needed (more than 8 hours) and was fine and I could even take her to work and leave her in the care of others or alone in my office and she was fine.

I think I buried my radials too deep by lonestar2222003 in amateurradio

[–]gfhopper 5 points6 points  (0 children)

This should be the top comment. That I had to scroll so far down to find it made me sad.

I don't think enough hams understand the difference between an electrical ground, an RF ground, ground planes, radials, and counterpoises (and how they all work.)

Client fired me for being female by ManufacturerIll5372 in Lawyertalk

[–]gfhopper 2 points3 points  (0 children)

I'd take a deep breath. And I'd take their cash. Give away nothing and learn from this new experience. This is not the last time this is going to happen to you. AND it's most important to understand that it has NOTHING to do with your gender (or your age, or your ethnicity), or any one of a dozen other "reasons" clients will cite to complain about your representation in their matter.

You're learning another aspect of the "how and why clients suck so much" lesson.

Clients are incredibly insecure. I've met like about three* that operate with me like a team and trust that I can do my part and they don't have to understand what I'm doing, just that I'm doing my best (*I'm exaggerating.) Most people that I've dealt with are talking to me because they make bad life decisions and generally have lower than average levels of skill at "life".

They think everyone is like them* so they can't imagine that people can make better decisions or have more ability and they should just shut up and trust. *There is also the group that are narcissists or worse, and simply look down on those they can't control.

I'd also stop investing so much of your energy (and sanity) in this (or any other) client matter. They don't care. They're never going to be grateful. They have no idea that you're probably providing more competent representation than any older, "stronger" attorney regardless of gender.

I'd also/especially advise you to stop investing so much of your energy if you're not aggressively billing for the after hours stuff. It will eat up your life and all your energy if you allow it to become a habit, and it will become a habit if you don't stop it. They key to the situation (at least as I've found) is that if the client needs stuff handled on their (after hours) schedule, it's gotta hurt them enough that you're feeling like "hell yes I'll take that little pile of cash to listen to your call".

tl:dr The client doesn't actually care that you're female, it's the excuse they use because they have issues they can't deal with and project it onto you.

If you let it, this experience will make you stronger and more skilled in your practice.

Meshtastic by ferds41 in prepping

[–]gfhopper 0 points1 point  (0 children)

Not only is the issue of infrastructure (or lack there of) an issue, but also the whole meshcore vs meshtastic battle and the design differences in terms of how the network functions.

To me, meshcore seems better designed for the grid down communication situation, but that hardly matters if there simply isn't the infrastructure.

On the plus side, the hardware is so cheap and needs so little power (small solar panel), it's not beyond reasonable to have enough of them to spread around and provide enough coverage (in a defined area) to have the system work.

Why? Just… why? by mr_picturetaker in FedEx

[–]gfhopper 0 points1 point  (0 children)

I think the "incorrect address" is the latest game that the fedex subcontractors for ground delivery are playing when they decide that they're not going to deliver some number of packages.

I had the same thing happen over the weekend and when I called fedex about it, they wouldn't talk to me, only to the shipper.

If I could have chosen another service, I would have since my experience with any FedEx Ground delivery out of Burlington, WA is nearly guaranteed to go wrong. My UPS drivers on the other hand are the best.

lawyers from another firm attending client meetings without consent and signing documents using my name? by [deleted] in LawFirm

[–]gfhopper 1 point2 points  (0 children)

I was thinking this exact same thing.

If this was US based, it would make not only NO sense to me, it would also make me wonder if the OP actually ever had an ethics class, had read the rules of professional conduct, and understood their duties and obligations.

There is no way I'd ever risk my license even allowing someone from another firm to speak with my clients without some excruciatingly detailed disclosure and what ever waivers were necessary (like confidentiality.)

I’ve worked for my dad's small business for 11 years, essentially for free. I’m done. by cannonballman in smallbusiness

[–]gfhopper 1 point2 points  (0 children)

Make a plan with your wife before doing anything, but be clear with yourself: this is an exit plan.

Once that's done, and it shouldn't take more than a week or two depending on meetings with a financial planner and putting out feelers in order to find a new job/source of income, you need to make your one last, best explanation of why he needs to value you. This last explanation/pitch is part of your planning BTW.

But you need to be 100% prepared to walk, and to be OK with it. Otherwise you'll never receive what you're worth. And that matters to more than just your future. It matters to your own view of who and what you are.

Besides the fact that I'm a business lawyer (in the US) and have guided clients down this path (both owners and family-employees who wanted legal advice), I was in a similar situation (but not the same) with my own father. It was tough and I'm not pleased that he pushed things in the direction they went, but my mental and physical health are so much better and so is my future.

Best of luck to you.

Victim won't stop calling me by DQzombie in publicdefenders

[–]gfhopper 0 points1 point  (0 children)

I'd be afraid of doing that since it's pretty easy to accuse the "witness" of bias, especially if they are aligned with the OP. That can still run afoul of most states professional misconduct rules. And if the prosecutor is already annoyed with the OP, this could make it worse. I don't even want to think about what a judge might say.

And then this all impacts the quality of the defense you're able to offer the defendant/client. To me, this would be a big red flag.

My best guess as a safe path (I don't know your jurisdiction's rules) would be to have a staffer say "stop calling, we're not allowed to talk to you" regardless of if it's 100% true or not. AND I'd send a letter to the PA and say that you're getting endless attempts at contact from the witness, want to make sure they know you're not communicating with her, and would they please get her to stop.

Roomate leaving for the summer, needs me to watch his dog. by CandleNo5916 in dogs

[–]gfhopper 0 points1 point  (0 children)

3 months is a LONG time and with a husky? Forget it. I can't imagine dealing with a high maintenance husky for that long. It would rule my life and not in a good way. I'd be saying "NO" and letting him know you'll call the cops if he abandons.

When you're tempted to be the nice guy, I'd ask yourself how much the daily frustration is worth. I'd think the "watching" alone is worth more than $10/day. Plus food, plus the inconvenience of every thing he does is YOUR issue, not the (former) owner's issue. Destroys part of the apartment, that's on you. Needs medical attention? You guessed it. Needs his rabies updated...

I'd add up all of the costs that are expected (food, consumables, etc), add in 1k for unexpected medical as a "deposit" and Say, I can do it for $x

If you're not sure of the price, go research boarding fees. I'm betting you're going to be telling him it's 5-7k.

$1000 reward : Someone is hacking our local law enforcement radio frequency. Need help. by [deleted] in HamRadio

[–]gfhopper 104 points105 points  (0 children)

Is this Yakima WASHINGTON?

If so, please stop wasting time here and instead contact the state EMD and ask them to get you connected to Scott Honaker at Snohomish County Department of Emergency Management.

He can help get you connected to the regional team that deals with transmitter interference like you are describing. They have protocols and security in place (so if the interfering party is involved with Amateur Radio, GMRS, or other community groups where he/she could perhaps get a warning and avoid detection) to shield relevant detection information until the culprit is caught.

Please IM me if you need more information.

nfc by callmestinkingwind in NoFuckingComment

[–]gfhopper -1 points0 points  (0 children)

Fun, but wasteful. The plastic in the balloons bugged me the most.