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-   -   My "lawyer" just resigned from my case four days before my trial (https://gfy.com/showthread.php?t=1106374)

MrMaxwell 04-14-2013 05:32 PM

Quote:

Originally Posted by sarettah (Post 19578096)
Hmm (and for the record, no threat of any kind intended in this).

That is exactly the kind of thing that a person should never post on a public forum (or even in a supposed private forum for that matter). Like folks putting vids of themselves going 100+mph on youtube. Prosecutor gets wind of that shit and you lose. It is just stuff that can be used against you later.

.


I can't lose a dui case based on that
It proves I was not impaired.

MrMaxwell 04-14-2013 05:33 PM

Quote:

Originally Posted by sarettah (Post 19578098)
And that is a perfect example of why you should not even consider representing yourself.

.

You're probably right

sarettah 04-14-2013 05:44 PM

Quote:

Originally Posted by MrMaxwell (Post 19578099)
I can't lose a dui case based on that

Is that all you are fighting? They didn't write you for felony speeding or reckless endangerment or something like that? If allyou ended up with was the DUI then you got off easy (imho of course) (Not sure if KS has felony speeding. I believe some states do, usually either over 120 or twice the speed limit. Do not quote me on that)

Ok, just googled felony speeding and I am mistaken. You can get a felony but it is for related charges, not the speeding.


But that raises a different issue. I thought in Kansas a DUI was usually a misdemeanor and that you could only get a public defender for a felony. Did they hit you with a felony DUI? I thought you had said somewhere that it was your first one?

Not meaning to be nosy but this is a story that is a year old now and it would be unfair of you not to give us a conslusion, ya know?


.

Yngwie 04-14-2013 05:58 PM

Quote:

Originally Posted by L-Pink (Post 19578090)
"I'd been awake 3 days. I drove 40 minutes on a curvy highway at over 120mph"

Make sure you tell that to the judge I wouldn't want you to not get what you deserve.

.

Quote:

Originally Posted by MrMaxwell (Post 19578092)
I actually plan to
I know it sounds crazy, but, I'm pretty sure that I am going to do exactly that.

Well, If you actually plan to driving after being awake for 3 days will be looked at as intoxication. Being up for that many hours make the brain similar to a drunk persons. In the end you will lose. Whether you drank or not will be irrelevant in this case.

MrMaxwell 04-14-2013 06:06 PM

Quote:

Originally Posted by Yngwie (Post 19578125)
Well, If you actually plan to driving after being awake for 3 days will be looked at as intoxication. Being up for that many hours make the brain similar to a drunk persons. In the end you will lose. Whether you drank or not will be irrelevant in this case.

THAT is completely not true.
You can't convict someone of driving under the influence of alcohol for being tired.

MrMaxwell 04-14-2013 06:07 PM

Quote:

Originally Posted by sarettah (Post 19578115)
Is that all you are fighting? They didn't write you for felony speeding or reckless endangerment or something like that? If allyou ended up with was the DUI then you got off easy (imho of course) (Not sure if KS has felony speeding. I believe some states do, usually either over 120 or twice the speed limit. Do not quote me on that)

Ok, just googled felony speeding and I am mistaken. You can get a felony but it is for related charges, not the speeding.


But that raises a different issue. I thought in Kansas a DUI was usually a misdemeanor and that you could only get a public defender for a felony. Did they hit you with a felony DUI? I thought you had said somewhere that it was your first one?

Not meaning to be nosy but this is a story that is a year old now and it would be unfair of you not to give us a conslusion, ya know?


.


I know that if you're 15+ over the speed limit and you kill someone, it automatically makes it manslaughter.

DUI is a misdemeanor here. As I understand it, you have a right to representation if you're charged with anything they can incarcerate you for a certain period for. I think it's 1yr

Sly 04-14-2013 06:12 PM

Quote:

Originally Posted by MrMaxwell (Post 19578099)
I can't lose a dui case based on that
It proves I was not impaired.

If you were awake for three days, you were impaired.

Sly 04-14-2013 06:16 PM

Quote:

Originally Posted by MrMaxwell (Post 19578131)
THAT is completely not true.
You can't convict someone of driving under the influence of alcohol for being tired.

Doesn't matter if you were drinking or not. You just exposed yourself to another charge. You were impaired. Period.

beks001 04-14-2013 06:21 PM

Why would you ever post any incident that could possibly get you jail time online? Why would you ask for advice online instead of calling another attorney? And be it on a porn forum.

If you were driving reckless like that and continued to act in such a manner to disrespect the road and other drivers safety then I have no solution that you want to hear.

I understand people do drink and drive and they do it daily. But having a few beers and driving home is a bit different than driving 100+ miles an hour after partying for days on end.

sarettah 04-14-2013 06:33 PM

Quote:

Originally Posted by MrMaxwell (Post 19578132)
I know that if you're 15+ over the speed limit and you kill someone, it automatically makes it manslaughter.

DUI is a misdemeanor here. As I understand it, you have a right to representation if you're charged with anything they can incarcerate you for a certain period for. I think it's 1yr

So, what happened with the speeding ticket? How much does 122mph in a 65 cost in Kansas?

.

looky_lou 04-14-2013 06:43 PM

50 top notch lawyers.

mineistaken 04-14-2013 06:46 PM

its difficult to understand how people can be like this, is it IQ? Is it temperament? I can not imagine being similar to OP :)

Yngwie 04-14-2013 06:48 PM

Quote:

Originally Posted by MrMaxwell (Post 19578131)
THAT is completely not true.
You can't convict someone of driving under the influence of alcohol for being tired.


What I meant is that you will still be deemed as IMPAIRED. That is my point. A human brain is NOT at full/proper attention after being awake for 3 days.. Simply FACT! Alcohol may be a different thing, but being impaired whether due to alcohol, drugs or lack or sleep is all the same shit basically.

PornoMonster 04-14-2013 07:13 PM

Here is something stupid Kansas is doing now. If you take any controlled substance meds mostly narcatocis, but also say an adult on ADDHD meds, they are now charging you with DUI of a controlled substance. Even if it does not say not to drive. They are saying you are Impaired, and driving is a privilege not a right. So if you have to take say this ADDHD meds the rest of your life, No Driving. This is currently being challenged...

PornoMonster 04-14-2013 07:15 PM

Quote:

Originally Posted by Yngwie (Post 19578164)
What I meant is that you will still be deemed as IMPAIRED. That is my point. A human brain is NOT at full/proper attention after being awake for 3 days.. Simply FACT! Alcohol may be a different thing, but being impaired whether due to alcohol, drugs or lack or sleep is all the same shit basically.

You are RIGHT. If you say you are to tired, then it is Impaired, as well as other charges.

kane 04-14-2013 07:38 PM

The lesson here isn't to not be white and poor it is to not be a dumbfuck.

Had you not by driving 122 mph you would not have been pulled over and all of this would have never happened.

You could have asked them to do a blood test for your blood alcohol If it came back negative you would have a lot more to stand on than just the quality of the machine they used.

ilnjscb 04-14-2013 08:34 PM

Quote:

Originally Posted by L-Pink (Post 19577879)
Tell the judge you need a continuance or you want sanctions brought against the lawyer for knowingly taking your case, wasting your time and jeopardizing your freedom/rights when it was clear he had a scheduling conflict preventing him from providing you the right to competent counsel.


.

he is correct - a judge will rip HIM a new asshole. He will be disbarred if he does not continue to represent you, only a judge can remove him.

epitome 04-14-2013 09:20 PM

Things are out of your control because your life is out of control.

You have to look up to see rock bottom at this point and it seems like everyone but you knows this.

epitome 04-14-2013 09:28 PM

Quote:

Originally Posted by PornoMonster (Post 19578173)
Here is something stupid Kansas is doing now. If you take any controlled substance meds mostly narcatocis, but also say an adult on ADDHD meds, they are now charging you with DUI of a controlled substance. Even if it does not say not to drive. They are saying you are Impaired, and driving is a privilege not a right. So if you have to take say this ADDHD meds the rest of your life, No Driving. This is currently being challenged...

When they were cracking down on the pill mills here in Florida a question about this was brought to a prosecutors office. They said that as long as there was a legitimate prescription(s) and it did not seem like a case of abuse (doctor shopping, unusually high quantities that make no medical sense, etc.), even if it resulted in an accident, they would not bring charges against someone.

In other words, they use common sense...

MrMaxwell 04-15-2013 07:30 PM

Quote:

Originally Posted by Yngwie (Post 19578164)
What I meant is that you will still be deemed as IMPAIRED. That is my point. A human brain is NOT at full/proper attention after being awake for 3 days.. Simply FACT! Alcohol may be a different thing, but being impaired whether due to alcohol, drugs or lack or sleep is all the same shit basically.

I am not charged with being generally impaired. I'm charged with being under the influence of alcohol/drugs.

MrMaxwell 04-15-2013 07:30 PM

Quote:

Originally Posted by kane (Post 19578189)
The lesson here isn't to not be white and poor it is to not be a dumbfuck.

Had you not by driving 122 mph you would not have been pulled over and all of this would have never happened.

You could have asked them to do a blood test for your blood alcohol If it came back negative you would have a lot more to stand on than just the quality of the machine they used.

You're absolutely right, Kane.

MrMaxwell 04-15-2013 07:31 PM

Quote:

Originally Posted by epitome (Post 19578232)
When they were cracking down on the pill mills here in Florida a question about this was brought to a prosecutors office. They said that as long as there was a legitimate prescription(s) and it did not seem like a case of abuse (doctor shopping, unusually high quantities that make no medical sense, etc.), even if it resulted in an accident, they would not bring charges against someone.

In other words, they use common sense...


Let's all hold hands and count on the government to make sense and not fuck up or abuse authority. Kum Bya Yaaaaaaa :Oh crap Pure genius

MrMaxwell 04-15-2013 07:32 PM

Quote:

Originally Posted by epitome (Post 19578231)
Things are out of your control because your life is out of control.

You have to look up to see rock bottom at this point and it seems like everyone but you knows this.


Ah
Everything will be okay
This fucking sucks but I'll be alright

Supz 04-15-2013 07:37 PM

Quote:

Originally Posted by Robbie (Post 19578048)
You're kidding me!!!

You mean some guy talking over recorded beats didn't come up with those lyrics? They actually came from a gifted musician 42 years ago?

I'm shocked!

Biggie didn't rap it. Its just some girl singing in the hook. Idiot.

MrMaxwell 04-15-2013 07:46 PM

Quote:

Originally Posted by Supz (Post 19579785)
Biggie didn't rap it. Its just some girl singing in the hook. Idiot.

Man, I love Biggie, but Robbie has a point. Everything these days IS stolen.

Plus. Robbie ain't an idiot. He's stubborn as fuck sometimes, but not an idiot.

SleazyDream 04-15-2013 08:05 PM

in canada your lawyer needs a pretty good reason to resign or they are subject to sanctions from the bar

baddog 04-15-2013 08:22 PM

I'll be brief . . .


Quote:

Originally Posted by ErectMedia (Post 19577919)
these 2 don't seem to match, lose the public defender if anything serious :2 cents:

You do not know what you are talking about. :2 cents: In many states the bar association requires that attorneys donate time. You can get an amazing attorney as your public defender. Not often, but it happens.


Quote:

Originally Posted by sarettah (Post 19577926)
Hmm, I could be wrong but think it is this https://gfy.com/showthread.php?t=1065767

.

Maxwell, take a wet reckless, you will not beat this. :2 cents:

Quote:

Originally Posted by slapass (Post 19578027)
That was too long ago.

You are definitely unfamiliar with the legal system; congratulations.

Quote:

Originally Posted by Robbie (Post 19578048)
You're kidding me!!!

You mean some guy talking over recorded beats didn't come up with those lyrics? They actually came from a gifted musician 42 years ago?

I'm shocked!

ehh, while I get your point, I have seen him and his brother in concert; they aren't that talented. At least IMHO.

Quote:

Originally Posted by MrMaxwell (Post 19578092)
I actually plan to
I know it sounds crazy, but, I'm pretty sure that I am going to do exactly that.

You can take this with as many grains of salt as you desire, but I am willing to bet that I have spent more time in courtrooms than everyone in this thread combined; if that is your defense just go an hope the cop doesn't show up. If he does, offer to do a plea for a wet reckless. You will convict yourself the moment you start speaking in your defense. If you want to stand a chance, start off by writing a list of questions that you will ask the cop. You want the cop to tell your story, your questioning should make up your testimony. You testify after the prosecution rests; you will have the opportunity to cross-examine the cop, take advantage of it. They are not used to it.

When the cop testifies for the state, pay attention to if he answered one of you questions or not as you can't ask the same question more than once. If he says something you disagree with, write it down, and ask for clarification.

Quote:

Originally Posted by MrMaxwell (Post 19578099)
I can't lose a dui case based on that
It proves I was not impaired.


Quote:

Originally Posted by MrMaxwell (Post 19578131)
THAT is completely not true.
You can't convict someone of driving under the influence of alcohol for being tired.

What was the vehicle code section(s) you were cited under?

Quote:

Originally Posted by ilnjscb (Post 19578214)
he is correct - a judge will rip HIM a new asshole. He will be disbarred if he does not continue to represent you, only a judge can remove him.

How did you arrive at that conclusion? TV?

sarettah 04-15-2013 08:25 PM

Quote:

Originally Posted by baddog (Post 19579817)
How did you arrive at that conclusion? TV?

Perry Mason, where all armchair lawyers get their best info :thumbsup

;p

baddog 04-15-2013 08:32 PM

Quote:

Originally Posted by sarettah (Post 19579824)
Perry Mason, where all armchair lawyers get their best info :thumbsup

;p

Pretty much. :1orglaugh

sarettah 04-15-2013 08:41 PM

Quote:

Originally Posted by baddog (Post 19579835)
Pretty much. :1orglaugh

http://www.madspiders.com/images/perry.jpg

Supz 04-15-2013 08:44 PM

Quote:

Originally Posted by MrMaxwell (Post 19579791)
Man, I love Biggie, but Robbie has a point. Everything these days IS stolen.

Plus. Robbie ain't an idiot. He's stubborn as fuck sometimes, but not an idiot.

These days. That song is 15+ years old. What you quoted was a sample. Not part of the song. And sure, you're a great judge of characters. You are the next Mindwaste.

MrMaxwell 04-15-2013 08:44 PM

Quote:

Originally Posted by ilnjscb (Post 19578214)
he is correct - a judge will rip HIM a new asshole. He will be disbarred if he does not continue to represent you, only a judge can remove him.


I don't care what the Judge does to HIM though.. it won't help ME :(

baddog 04-15-2013 09:21 PM

Quote:

Originally Posted by sarettah (Post 19579846)

Many years ago, State Farm Insurance had me represent two of their clients because Defendants insurance were just being dicks, and they knew I could do things they couldn't.

There were multiple defendants and one was claiming Act of God and crap that would not fly in CA. At one point I told him that if he did not settle I would train my clients so they could take the insured to small claims court and that, "he will think he is going up against Perry Mason" and after he loses, I will approach your insured and offer to help him sue you for failure to represent.

They settled a couple days later.

Quote:

Originally Posted by MrMaxwell (Post 19579853)
I don't care what the Judge does to HIM though.. it won't help ME :(

Smartest post I've seen from you in a while.

MrMaxwell 04-15-2013 09:23 PM

Quote:

Originally Posted by baddog (Post 19579817)


Maxwell, take a wet reckless, you will not beat this. :2 cents:



You can take this with as many grains of salt as you desire, but I am willing to bet that I have spent more time in courtrooms than everyone in this thread combined; if that is your defense just go an hope the cop doesn't show up. If he does, offer to do a plea for a wet reckless. You will convict yourself the moment you start speaking in your defense. If you want to stand a chance, start off by writing a list of questions that you will ask the cop. You want the cop to tell your story, your questioning should make up your testimony. You testify after the prosecution rests; you will have the opportunity to cross-examine the cop, take advantage of it. They are not used to it.

When the cop testifies for the state, pay attention to if he answered one of you questions or not as you can't ask the same question more than once. If he says something you disagree with, write it down, and ask for clarification.



What was the vehicle code section(s) you were cited under?





I understand that it would probably be suicide to represent myself .. I'm just very frustrated :(

Questioning the officer is the key to any coherent defense- I am surprised that anyone here managed to know that.. I always did think you were pretty intelligent, there. Even if you ARE a beer snob :1orglaugh

Any coherent lawyer could help me with this case, I am sure of it. I have video of me parking smoothly and perfectly parallel to the shoulder line and audio of the officer admitting that I did well on the field test even though it was very very cold outside and trucks were passing us at 60+mph. I was freezing to death with noisy traffic behind me and shivering and I still passed his tests.

THEN- I asked if I was fucked if I refused to take the FST - and that is where it got real interesting. After he said a bit about what would be done to me for a refusal charge, I told him "I'll just take it" meaning I would take the refusal charge ... he went and got the machine as if I didn't have a choice. I didn't want to take the test because I know those machines are insane, but, I was pretty sure I was fucked if I didn't.

The officer was pretty friendly and didn't hate me, even on the way to the station, he seemed like he felt bad about taking me in. I believe that he knew I wasn't drunk. They ALWAYS show up though, here. Always.

Original Charge - Statute

KSA Number: 08.1567.e
KSA Text: Driving under influence of alcohol or drugs; 2nd conviction
Chapter: 08 Degree: MDA
Level Class: Misdemeanor Offense Class: Misdemeanor Class A
Attempted Conspiracy Solicitation:
Felony or Misdemeanor: M Drug or Non-Drug: Non Drug
Person or not: Undefined Reporting Group: CHAPTER 8
Statute Revision: 201107 Section: 1567
Sub-Section 1: e Sub-Section 2:
Sub-Section 3: Sub-Section 4:



PS: There is no wet reckless here.. there's also no hardship exemption for the admin / license side of it. They end you here.

MrMaxwell 04-15-2013 09:24 PM

Quote:

Originally Posted by baddog (Post 19579901)
Smartest post I've seen from you in a while.


I actually think you're really a something, and that means a-lot coming from me.
If you weren't millions of miles from here I would actually hire you.

icymelon 04-15-2013 09:36 PM

driving 120 mph on public roads I believe is a felony.

sarettah 04-15-2013 09:38 PM

Quote:

Originally Posted by icymelon (Post 19579919)
driving 120 mph on public roads I believe is a felony.

If you check, we had that discussion earlier in the thread and it is not a felony.

.

duk75 04-15-2013 09:58 PM

Quote:

Originally Posted by MrMaxwell (Post 19578029)
Yes, it is that
And for the record, that IS a slot machine.. this state even paid to REMOVE one of the features that can make the machine "more accurate"



You can all say what you want, but you better hope and pray that the slot machine never decides to fuck with YOU. Was I tired? Yes, I'd been awake 3 days. Was I drunk? Fuck no, I drove 40 minutes on a curvy highway at over 120mph on the way home. Who the fuck could do that while under the influence of alcohol? I even have video of how smoothly and perfectly I pulled over and the officer admitted on audio that I did very well on the field test.

It comes down to I'm white and I'm poor so I am fucked.
I've already been a year without being able to drive.
Now they think they need to put me in a cage.

So you are going to jail for driving drunk?

How rude is the penalty for doing that i your country?

MrMaxwell 04-16-2013 05:14 AM

Quote:

Originally Posted by duk75 (Post 19579937)
So you are going to jail for driving drunk?

How rude is the penalty for doing that i your country?

Well, it's so rude that they end your life without proving that you actually did it.. Your freedom is gone in that you cannot drive while an automobile is an essential part of pretty much everything here, then they rape you for a fortune of money, then you possibly go to jail, then when you ever are allowed to drive again the insurance company rapes you to death with high prices

I always refer to it as "Freedom and Liberty, my BALLS"

Basically in the states if you don't have money and they decide to send you through the meat grinder, you're going to lose a lot of skin. If you're white and have a white checkbook, you can pretty much do whatever you want. I'm being punished far far more seriously than many many people I know who have hurt people pretty badly. In the states they're not SUPPOSED to convict you of victimless crimes, but they do it day in and day out. In the case of drunk driving, I don't mind that, because I hate drunk drivers myself. But I wish they would not use a SLOT machine to end my life because some other assholes drive drunk.

ilnjscb 04-16-2013 08:10 AM

Quote:

Originally Posted by sarettah (Post 19579824)
Perry Mason, where all armchair lawyers get their best info :thumbsup

;p

Quote:

Originally Posted by baddog (Post 19579817)



How did you arrive at that conclusion? TV?

From the law - let's look at it, shall we? Here is a legal publication and what they say about it. Read carefully:

"A lawyer cannot quit in the middle of a trial unless the approval of a judge has been granted. For a lawyer to successfully quit a case in the middle of a trial they must show ?cause? to the court why representing you any further is not in your best interest. If a lawyer is having a difficult time with the case, they are not going to be granted a dismissal. Appropriate cause would be that the client is being uncooperative with their defense, a conflict of interest has arisen or been made clear by one or all of the parties or there is a threat to the well being of the attorney."

link? - I'd appreciate it if you two legal minds could cite any credible source that says otherwise? Thought not. :1orglaugh:1orglaugh:1orglaugh:1orglaugh:1orglaugh

Can My Lawyer Quit In The Middle Of My Trial?

Anyway, for OPs question, which is important to him, your lawyer cannot simply quit, even if he is appointed. He must ask the judge and be granted permission.


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