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Posted: 12/18/2005 5:22:28 PM EDT
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: 12/18/2005 6:15:22 PM EDT
Thanks for posting for Balzac, DM.

Greg - Congrats!
Link Posted: 12/18/2005 6:21:49 PM EDT
Bravo! I am glad that he did not get away this time. BTW, my father died as a result of an accident caused by a scumbag DWI. So, this warms the cockles of my heart.
Link Posted: 12/18/2005 8:21:34 PM EDT
Great job! It is scary how even drunk the criminals know how to screw with the system!
Link Posted: 12/19/2005 3:47:09 AM EDT
Go get 'em!
My wife and younger son were hit in '97 by a drunken female on her way to her job at a local "eatery" as a hostess. (Yeah, right.) One hour and .45 minutes later she blew a .29 on the Richter scale. She had just dropped her 4 year old off at her parents but we couldn't get the judge to go with endangerment, neglect, etc. We ended up with a boat and trailer, new vinyl fence and new car out of it, but my now adult son still has never had a drink in his young life, and my wife can no longer drive in traffic or for longer trips, in addition to having permanent arthritis in the foot she broke. Balzac's clown didn't evidently injure anyone thank God, but if any of you get the opportunity, sue these bastards for all you can, as the criminal justice system doesn't do much to them at all, (again, look at what Defman just told us about it !)
Link Posted: 12/19/2005 4:33:00 AM EDT
Woo-Hoo! Good job Greg.

Link Posted: 12/19/2005 7:29:44 AM EDT
Good Job.

Question don,t they have Video in the RMP?

This way they get him on tape also.

I hope he gets 25yrs
Link Posted: 12/19/2005 2:10:40 PM EDT
See buddy we told you that those special underoos would give you extra confidence!
FIGHT THE GOOD FIGHT!


Five Dancing Bananas for you!


Lloyd
Link Posted: 12/19/2005 5:04:05 PM EDT
Greg,
I am very proud of you, Congrats!!!
Link Posted: 12/20/2005 6:23:15 AM EDT

Originally Posted By Lloyd-Jr:
See buddy we told you that those special underoos would give you extra confidence!

Lloyd



Scooby Dooby Dooooooo...

Great job Greg!
Link Posted: 12/20/2005 2:38:39 PM EDT
DefMan

Maybe you should post this in the General Section also. Greg has a lot of friends through out this site.
Link Posted: 12/20/2005 6:33:13 PM EDT
Thank You! My aunt is in a wheelchair because of a scumbag dwi. He tried to flee the scene as well.
Link Posted: 12/21/2005 4:03:38 AM EDT
Nice!
Link Posted: 12/21/2005 5:22:10 AM EDT
[Last Edit: 12/21/2005 5:22:30 AM EDT by rkbar15]
Free Balzac72!
Link Posted: 12/21/2005 2:28:22 PM EDT
Link Posted: 12/21/2005 5:17:17 PM EDT
Greg,

Great job! Feel free to take as many assholes drunk drivers off the street as you possibly can....
Link Posted: 12/22/2005 7:50:49 AM EDT

Originally Posted By rkbar15:
Free Balzac72!



I see this quote often, but do not understand its meaning. Would anyone please care to explain it to me? IM or in this thread, whichever is most appropriate.
Thanks
Link Posted: 12/22/2005 10:08:14 AM EDT
[Last Edit: 12/22/2005 10:08:40 AM EDT by rkbar15]
Balzac72 was banned from posting on ARFCOM due to his alleged violation(s) of the CoC and generally pissing off staff/senior staff by reneging on his promise to stop saying really bad things about the followers of Islam who killed 2,700 innocent people on 9-11 and would kill the rest of us if given the chance. I have no personal knowledge of anything.
Link Posted: 12/22/2005 2:02:30 PM EDT
You guys are never going to let him love this down . Who still has a pic of his scoobys?


Originally Posted By bill3rail:
Scooby Dooby Dooooooo...

Great job Greg!



Great work Greg.
Link Posted: 12/23/2005 2:49:07 AM EDT
[Last Edit: 12/23/2005 2:50:26 AM EDT by pequa1]
Locked and Loaded,
I think something like the following actually offends people as well:

Subject: Muslim male extremists mostly between the ages of 17 and 40


HISTORY TEST

Please pause a moment, reflect back, and take the following multiple
choice test. The events are actual events from history. They actually
happened!

Do you remember?

1. 1968 Bobby Kennedy was shot and killed by:
a. Superman
b. Jay Leno
c. Harry Potter
d. a Muslim male extremist between the ages of 17 and 40

2. In 1972 at the Munich Olympics, athletes were kidnapped and
massacred by
a. Olga Corbett
b. Sitting Bull
c. Arnold Schwarzenegger
d. Muslim male extremists mostly between the ages of 17 and 40

3. In 1979, the US embassy in Iran was taken over by:
a. Lost Norwegians
b. Elvis
c. A tour bus full of 80-year-old women
d. Muslim male extremists mostly between the ages of 17 and 40

4. During the 1980's a number of Americans were kidnapped in Lebanon
by:
a. John Dillinger
b. The King of Sweden
c. The Boy Scouts
d. Muslim male extremists mostly between the ages of 17 and 40

5. In 1983, the US Marine barracks in Beirut was blown up by:
a. A pizza delivery boy
b. Pee Wee Herman
c. Geraldo Rivera
d. Muslim male extremists mostly between the ages of 17 and 40

6. In 1985 the cruise ship Achille Lauro was hijacked and a 70 year
old American passenger was murdered and thrown overboard in his
wheelchair by:
a. The Smurfs
b. Davy Jones
c. The Little Mermaid
d. Muslim male extremists mostly between the ages of 17 and 40

>> 7. In 1985 TWA flight 847 was hijacked at Athens, and a US Navy diver
trying to rescue passengers was
murdered by:
a. Captain Kidd
b. Charles Lindberg
c. Mother Teresa
d. Muslim male extremists mostly between the ages of 17 and 40

8. In 1988, Pan Am Flight 103 was bombed by:
a. Scooby Doo
b. The Tooth Fairy
c. Butch Cassidy and The Sundance Kid
d. Muslim male extremists mostly between the ages of
17 and 40

9. In 1993 the World Trade Center was bombed the first time by:
a. Richard Simmons
b. Grandma Moses
c. Michael Jordan
d. Muslim male extremists mostly between the ages of 17 and 40

10. In 1998, the US embassies in Kenya and Tanzania were bombed by:
a. Mr. Rogers
b. Hillary Clinton, to distract attention from Wild
Bill's women problems
c. The World Wrestling Federation
d. Muslim male extremists mostly between the ages of 17 and 40

11. On 9/11/01, four airliners were hijacked; two were used as
missiles to take out the World Trade Centers and of the remaining two,
one crashed into the US Pentagon and the other was diverted and
crashed by the passengers. thousands of people were killed by:
a. Bugs Bunny, Wiley E. Coyote, Daffy Duck and Elmer Fudd
b. The Supreme Court of Florida
c. Mr. Bean
d. Muslim male extremists mostly between the ages of 17 and 40

12. In 2002 the United States fought a war in Afghanistan against:
a. Enron
b. The Lutheran Church
c. The NFL
d. Muslim male extremists mostly between the ages of 17 and 40

13. In 2002 reporter Daniel Pearl was kidnapped and murdered by:
a. Bonnie and Clyde
b. Captain Kangaroo
c. Billy Graham
d. Muslim male extremists mostly between the ages of 17 and 40

Nope, ..I really don't see a pattern here to justify profiling, do
you? So, to ensure we Americans never offend anyone, particularly
fanatics intent on killing us, airport security screeners will no
longer be allowed to profile certain people. They must conduct random
searches of 80-year-old women, little kids, airline pilots with proper
identification, secret
agents who are members of the President's security detail, 85-year old
Congressmen with metal hips, and Medal of Honor winning and former
Governor Joe Foss, but leave Muslim Males between the ages 17 and 40
alone lest they be guilty of profiling.

Sorry about the hijack...

Link Posted: 12/23/2005 8:44:24 AM EDT
rkbar, kwt, and pequa
I get the feeling that Balczak was a regular arfcomer and fellow NY'er?

Dont want to know about that scooby-doo story, nuh-uh, no way
Link Posted: 12/23/2005 12:01:10 PM EDT
[Last Edit: 12/23/2005 12:01:51 PM EDT by FMJunkie]
Link Posted: 12/24/2005 7:02:36 AM EDT



I give you..... Balzac72








Just kidding, but they do look a like - I mean Greg is better looking.
Link Posted: 12/30/2005 6:41:37 PM EDT

Originally Posted By Lion_Dog:
photos.ar15.com/WS_Content/ImageGallery/Attachments/DownloadAttach.asp?sAccountUnq=27011&iGalleryUnq=1001&iImageUnq=43949


I give you..... Balzac72



Nah....he ain't wearing the same undies!

Anyone got the photo??








Just kidding, but they do look a like - I mean Greg is better looking.

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