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Posted: 12/20/2005 5:30:02 PM EDT
I posted this in the Hometown forums and thought many of y'all would like to see this as well.

From Balzac72

Hey guys, i just wanted to share some good news with you. On Wednesday, I did my summation on my 6 day jury trial for a guy with his fourth Driving While Intoxicated charge. First one was knocked down to an "Impaired" second one was misdemeanor guilty plea with 3 years probation and the last one was a felony plea of guilt with 5 years probation. This one started as a felony, but was "knocked down" due to a (and I quote) "Complete Lack of Evidence."

Well, after putting 4 police officers on the stand (1 Sgt from 5th precinct, 1 Sgt from Communications, 1 PO from Emergency Services Unit and my arresting PO from the 5th Precinct) I rested. When proving a DWI, you first have to prove "Operation" of the car. Since the defendant had fled the scene of his accident, that was hard to prove. I basically had the Sgt who had seen the defendant walking away. Ok, so then when ESU found him, he had the keys to the car and the car was registered to him, so my circumstantial evidence got me through the operation part....

Next was that he was intoxicated. Since this guy is a PRO drunk driver, he knew that by being as disruptive and combative as possible, the police wouldn't be able to conduct field sobriety tests and since he'd already fled the scene, they wouldn't allow him to be uncuffed to perform them. When they started reading him rights to an Intoxilizer 5000 test, he screamed and cursed so much that they DIDN'T finish reading him his rights. THAT WAS BAD. Basically, he would have REFUSED to take his DWI test and we could use that refusal as a consciousness of guilt in presenting it to the jury.

Ok, so I couldn't use his refusal in court, since he didn't actually get read his rights, I used my officers observations of his intoxication. (Ie. Bloodshot and glassy eyes, slurred speech, unsteady on his feet and stunk like a drunk.) It also didn't hurt that he didn't even make it out of the parking lot of the bar he was drinking at, when he ran over a 5 foot retaining wall and got his truck stuck. Can you believe this guy?

Anyway, I did my summation and the jury was nodding their heads the whole time in agreement. When I sat down, I knew I'd given not only the speech of my life, but the performance of my life!

12 minutes later, the jury came back with guilty verdicts on all charges!

I've now been granted rock star status at work.

Drive safe, there are real assclowns out there.

PS. Sentencing is in February.
Link Posted: 12/20/2005 5:51:10 PM EDT
DefMan: You're "da man." You at least deserve an "atta boy."
People driving under the influence is a real menace to society, more so than firearms.
Link Posted: 12/20/2005 5:56:08 PM EDT

Originally Posted By warlord:
DefMan: You're "da man." You at least deserve an "atta boy."
People driving under the influence is a real menace to society, more so than firearms.



Thanks but I'm not a lawyer. I do try to play one on the internet.

It's BZ72 who did the work.
Link Posted: 12/20/2005 5:57:29 PM EDT
Tell him I said hey.
Link Posted: 12/20/2005 5:59:26 PM EDT
Funny, Blazac got smarter since being banned from here. Coincidence?
Link Posted: 12/20/2005 6:02:08 PM EDT
what did he get banned for?
Link Posted: 12/20/2005 6:03:23 PM EDT

Originally Posted By racer934:
Funny, Blazac got smarter since being banned from here. Coincidence?


Link Posted: 12/20/2005 6:03:43 PM EDT
[Last Edit: 12/20/2005 6:04:32 PM EDT by sixgunsblazing]
I miss him

I believe he was banned for not being kind to the Religion Of Peace.

Link Posted: 12/20/2005 6:05:56 PM EDT

Originally Posted By sixgunsblazing:
I miss him

I believe he was banned for not being kind to the Religion Of Peace.



Do you mean that he told the truth about Islam? It sure does seem that Islam produces lots of terrorists.
Link Posted: 12/20/2005 6:06:32 PM EDT

Originally Posted By sixgunsblazing:
I believe he was banned for not being kind to the Religion Of Peace.


The truth will set you free get you banned.

Link Posted: 12/20/2005 6:12:22 PM EDT
Free Balzac!!!! Reinstate him. It is not discriminatory to tell the truth. Also, I am sure his comments were in reference to extremists only. Not the religion in general.
Link Posted: 12/20/2005 6:12:41 PM EDT
Link Posted: 12/20/2005 6:13:41 PM EDT
I always laugh at cops who use the "smells like a brewry" crap.
Remind me again, what does alcohol smell like? I thought it was oderless and tasteless.
Smelling like an adult beverage(non-alcohol beer) isn't a crime.

Link Posted: 12/20/2005 6:14:03 PM EDT
Pass along a "hey" and a congratulatory to Balzac.

I miss his input here.
Link Posted: 12/20/2005 6:14:53 PM EDT
Well good for him! It really helps when we have good DA's on our side, and it really sucks when we have a linguini spined pansy prosecuting our cases.


-K
Link Posted: 12/20/2005 6:17:55 PM EDT

Originally Posted By postpostban:
I always laugh at cops who use the "smells like a brewry" crap.
Remind me again, what does alcohol smell like? I thought it was oderless and tasteless.
Smelling like an adult beverage(non-alcohol beer) isn't a crime.




I believe you're referring to the "smell of alcohol" claim . It is BS, and most good D lawyers will chew up and spit out any LEO who testifies / swears to such.

But "reeking of intoxicants" can be in indicator of consumption, as can the "overwhelming odor of fermented or distilled beverages". And properly documenting such observations can make the difference between a conviction and an inconvenience.
Link Posted: 12/20/2005 6:18:28 PM EDT

Originally Posted By Aimless:
Ah good old Balzac, I was good enough of an attorney for him to call for free advice, but once he got the boot he was more than willing to tell the world that I was a no good hack shyster, I guess based on his extensive experience as an assistant district with less than a year's experience.




?

If so, I am not amused.
Link Posted: 12/20/2005 6:19:11 PM EDT
[Last Edit: 12/20/2005 6:21:20 PM EDT by leadnbrass]

Originally Posted By postpostban:
I always laugh at cops who use the "smells like a brewry" crap.
Remind me again, what does alcohol smell like? I thought it was oderless and tasteless.
Smelling like an adult beverage(non-alcohol beer) isn't a crime.




No but it gives you pc.

"I detected the odor of an alcoholic beverage."
Link Posted: 12/20/2005 6:26:37 PM EDT
Link Posted: 12/20/2005 6:30:33 PM EDT

Originally Posted By Tango7:

Originally Posted By Aimless:
Ah good old Balzac, I was good enough of an attorney for him to call for free advice, but once he got the boot he was more than willing to tell the world that I was a no good hack shyster, I guess based on his extensive experience as an assistant district with less than a year's experience.




?

If so, I am not amused.





Sounds like him. I wonder if he ever got rid of that wannabe-Porsche ricer... or pants?

Link Posted: 12/20/2005 6:31:13 PM EDT
Fucking lawyers.
Link Posted: 12/20/2005 6:37:06 PM EDT
tag.
Link Posted: 12/20/2005 6:37:15 PM EDT
Congratulations Greg.
Link Posted: 12/21/2005 1:14:55 PM EDT

Originally Posted By Aimless:
Ah good old Balzac, I was good enough of an attorney for him to call for free advice, but once he got the boot he was more than willing to tell the world that I was a no good hack shyster, I guess based on his extensive experience as an assistant district attorney with less than a year's experience.




I fixed it for you!

Dude, If you can't stand the heat, get out of the kitchen. You should ask him to come back, if you are lucky maybe he'll say OK.

You go Greg, Our rising star.
Link Posted: 12/21/2005 1:22:48 PM EDT
Link Posted: 12/21/2005 1:25:27 PM EDT

Originally Posted By Aimless:
Ah good old Balzac, I was good enough of an attorney for him to call for free advice, but once he got the boot he was more than willing to tell the world that I was a no good hack shyster, I guess based on his extensive experience as an assistant district with less than a year's experience.




You cutting your self short! I always thought you were a no good hack shyster!

Link Posted: 12/21/2005 1:28:34 PM EDT
Link Posted: 12/21/2005 1:32:24 PM EDT
Missing Greg... why was he banned?
Link Posted: 12/21/2005 1:36:11 PM EDT

Originally Posted By PaoloAR15:
Missing Greg... why was he banned?



For expressing his opinion.
Link Posted: 12/21/2005 1:37:21 PM EDT

Originally Posted By ProfessorEvil:

Originally Posted By PaoloAR15:
Missing Greg... why was he banned?



For expressing his opinion.



Like many others that went before him..
Link Posted: 12/21/2005 1:39:57 PM EDT

Originally Posted By Collin:
what did he get banned for?



Daring to say out loud what everybody here only thinks.


I miss Ballser- he was good to have around here.


Link Posted: 12/21/2005 1:43:12 PM EDT
[Last Edit: 12/21/2005 2:30:46 PM EDT by thebeekeeper1]
Link Posted: 12/21/2005 1:49:14 PM EDT
Fuck that fucking fuck.

He fucking sucks.
Link Posted: 12/21/2005 1:52:03 PM EDT

Originally Posted By thebeekeeper1:
If that were true you wouldn't be here. now would you?

He was banned for repeated and numerous violations of the Conduct Code--same as every other lame-ass who has been banned. He was locked more than once, unlocked, warned, warned again, told this was his last chance--then did it again, and got banned. For good. Forever. End of story. For the fiftieth time.



Where was my statement wrong? Oh it wasn't. He did indeed express it. He expressed it here, where, as mentioned above, he said what others only thought. And yes, he was locked/warned/banned for it.

Your first line was a lame red herring, though. Is that a period in there, btw? Maybe you can warn me for some imagined violation if you want. I'm sure you'd prefer I go with him but alas, like earwax, I still stick around for my own fun.
Link Posted: 12/21/2005 1:54:55 PM EDT
Good job
Link Posted: 12/21/2005 1:58:35 PM EDT
I feel the heat rising again. The weak ones GET OUT. Feelings may get hurt.

Let’s get back to congratulate Balzac72 before the "B" word is used.
Link Posted: 12/21/2005 2:02:18 PM EDT
Link Posted: 12/21/2005 2:07:23 PM EDT
Just make another account like everyone else..
Link Posted: 12/21/2005 2:08:32 PM EDT
Good for him for getting a few drunk drivers off the roads. I have NO sympathy for DUI's.

But as far as the rest of the soap opera stuff that goes on around here under the title of "Banned":

In the immortal words of that loveable fat character Chick from "The Bob and Tom Show" -- Maaaan... I don't care!
Link Posted: 12/21/2005 2:08:41 PM EDT

Originally Posted By falaholic1:
Just make another account like everyone else..




You'd sure know about that, wouldn't you, Clean_Cut?



Link Posted: 12/22/2005 6:26:30 PM EDT
[Last Edit: 12/22/2005 6:29:24 PM EDT by bear3351]

Originally Posted By thebeekeeper1:

Originally Posted By Aimless:

Originally Posted By bear3351:

Originally Posted By Aimless:
Ah good old Balzac, I was good enough of an attorney for him to call for free advice, but once he got the boot he was more than willing to tell the world that I was a no good hack shyster, I guess based on his extensive experience as an assistant district attorney with less than a year's experience.




I fixed it for you!

Dude, If you can't stand the heat, get out of the kitchen. You should ask him to come back, if you are lucky maybe he'll say OK.

You go Greg, Our rising star.



May Greg be as good a friend to you as he has been to others...



You hate bear3351? Why do you curse him so?





----------------------------- __-__
Link Posted: 12/22/2005 7:47:51 PM EDT
Link Posted: 12/22/2005 7:59:40 PM EDT
[Last Edit: 12/22/2005 8:01:13 PM EDT by VoodooChile]
Balzac is better off not here..As hotheaded as he was some of his comments here could probably be used against him or the DA's office in or out of court
Link Posted: 12/22/2005 8:29:07 PM EDT
[Last Edit: 12/22/2005 8:33:33 PM EDT by KS_Physicist]

Originally Posted By DefMan:

Drive safe, there are real assclowns out there.

PS. Sentencing is in February.



While I realize he might just go find another set of car keys and another bottle of liquor, I'd like to think you've gone a long way toward making there be one less assclown out there.

Thanks (to the ADA).
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