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Buddy of mine just got DUI, had loaded gun and his 3 y/o kid in his car
Poast new message in this thread
Date: December 4th, 2020 7:23 PM Author: Carnelian Theater Good upstanding bro with a good job and 180 family.
Always keeps a Walther in his glovebox for self-defense (fully legal and responsible gun owner, has never used it).
Was chilling with neighbors yesterday afternoon and had 4 craft beers when his wife had some emergency at work that made it impossible for her to pick up their kid from preschool like she usually does.
So he went, picked up the kid, and then promptly got pinched for some nonexistent moving violation.
Cop breathalyzed him, he told the cop there was a gun in the car, and according to his wife who I talked to today his lawyer told her he’s very likely fuuuuuuuuuuuuuucked |
Date: December 4th, 2020 7:25 PM Author: Sienna Fragrant Striped Hyena Jfc. Better jump in and help him out. (https://xoxohth.com/thread.php?thread_id=4704969&forum_id=2#41487458) |
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Date: December 4th, 2020 7:25 PM Author: sooty vivacious rehab really tough guy retarded flame for a law board. wherever a firearm is allowed, or not allowed, there's no enhancement for dui with guns in the vehicle. maybe illegal concealed weapon felony if not ccw but nothing like selling drugs out of your car with a gun in it. (https://xoxohth.com/thread.php?thread_id=4704969&forum_id=2#41487460) |
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Date: December 4th, 2020 7:30 PM Author: stimulating bistre incel stock car Possessing under the influence can be a separate felony with or without CCW. You need to turn in your law license asap. (https://xoxohth.com/thread.php?thread_id=4704969&forum_id=2#41487476) |
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Date: December 4th, 2020 7:31 PM Author: sooty vivacious rehab really tough guy that crime doesn't exist in fl and also without googling it's not a federal statute. (https://xoxohth.com/thread.php?thread_id=4704969&forum_id=2#41487484) |
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Date: December 4th, 2020 7:46 PM Author: stimulating bistre incel stock car Felony firearm is illegal everywhere fatty. DUI with kid is definitely a felony and he could easily be super drunk under some gay state statutes if he had 4 imperial IPAs or stouts or barley wines (https://xoxohth.com/thread.php?thread_id=4704969&forum_id=2#41487540) |
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Date: December 4th, 2020 7:49 PM Author: sooty vivacious rehab really tough guy where is dui with a kid a felony? it's not in fl. and what's felony firearm being illegal even mean? and i'm not fat. how many felony jury trials have you done? i've won over a dozen in the last 3-4 years. (https://xoxohth.com/thread.php?thread_id=4704969&forum_id=2#41487554) |
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Date: December 4th, 2020 8:02 PM Author: stimulating bistre incel stock car http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0790/Sections/0790.07.html
Turn it over, you rotund rosy-cheeked retard |
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Date: December 4th, 2020 8:04 PM Author: sooty vivacious rehab really tough guy that's not what i asked. obviously a felony with a gun is illegal. that's a tautology. but a dui with a kid doesn't make it a felony. again, what's the felony driving dui witha gun in the car? (https://xoxohth.com/thread.php?thread_id=4704969&forum_id=2#41487628) |
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Date: December 4th, 2020 8:06 PM Author: Cerise rigpig ticket booth They may charge you with felony child endangerment too FYI (https://xoxohth.com/thread.php?thread_id=4704969&forum_id=2#41487644) |
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Date: December 4th, 2020 8:08 PM Author: sooty vivacious rehab really tough guy that's possible but assuming it's a routine dui (no excessive speeding or swerving) which is also a misdemeanor nobody would get a felony child endangerment. (https://xoxohth.com/thread.php?thread_id=4704969&forum_id=2#41487654) |
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Date: December 5th, 2020 5:54 PM Author: silver odious gas station wrinkle This is very very wrong.
Around here you can be charged with child endangerment if you leave your kid in the car for 5 minutes on a pleasant overcast day while you run in to buy milk. I've made referrals for this to my crimlaw bros. Child in the car while DUI is definitely a felony child endangerment charge |
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Date: December 5th, 2020 6:00 PM Author: naked temple idiot It wouldn’t be endangerment, it would be neglect. But, just having a minor in the car alone bumps you up to an enhanced DUI. It’s just like getting into a DUI accident or blowing over .15 (https://xoxohth.com/thread.php?thread_id=4704969&forum_id=2#41491733) |
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Date: December 4th, 2020 8:08 PM Author: Gold pit For what it’s worth, a dui with minors in the car is a felony in my state. It’s like “operating while intoxicated and endangering a minor” or something along those lines. (https://xoxohth.com/thread.php?thread_id=4704969&forum_id=2#41487656) |
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Date: December 4th, 2020 8:09 PM Author: sooty vivacious rehab really tough guy yeah some states have much harsher dui laws than fl. fl is pretty lax actually until your 3rd. (https://xoxohth.com/thread.php?thread_id=4704969&forum_id=2#41487658) |
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Date: December 5th, 2020 2:40 PM Author: Self-absorbed Hyperventilating Church it’s an optional charging aggravator in most states that is primarily used for leverage. she me a statute that automatically elevates a DUI to a felony’s if there are kids in the car. I am sure they exist but it’s got to be rare. (https://xoxohth.com/thread.php?thread_id=4704969&forum_id=2#41490945) |
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Date: December 4th, 2020 8:33 PM Author: stimulating bistre incel stock car Possessing a firearm while committing a felony is itself a felony. Child endangerment and super-DUI can both be felonies depending on the state. Therefore you can get up to 3 separate felony charges out of one incident. I don't know where you keep getting the idea that the gun enhances the DUI, it's a separate crime. Like taking hostages during an armed robbery, the kidnapping is a separate offense. (https://xoxohth.com/thread.php?thread_id=4704969&forum_id=2#41487828) |
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Date: December 5th, 2020 2:38 PM Author: Self-absorbed Hyperventilating Church this is a retarded non-practitioner analysis. I have prosecuted and defended hundreds of DUIs. not for years at this point but I doubt much has changed. this type of parcel and elevated charging only occurs when you have criminal history, eluded or,drove insanely, and otherwise aggravated the scenario with extreme behavior. Even then it rarely hangs together. You’re attempting to assert that a 1/1000scenario that could easily be defanged by a competent defense attorney and would likely get pushback from from trial court judges is a likely scenario. You don’t sound like a lawyer. (https://xoxohth.com/thread.php?thread_id=4704969&forum_id=2#41490934) |
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Date: December 4th, 2020 8:11 PM Author: Cerise rigpig ticket booth It is in Texas. https://www.justia.com/criminal/drunk-driving-dui-dwi/handling-a-dui-stop/dui-with-minor-in-vehicle/ (https://xoxohth.com/thread.php?thread_id=4704969&forum_id=2#41487667) |
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Date: December 4th, 2020 8:13 PM Author: sooty vivacious rehab really tough guy yes but this is about fl and gun possession during a dui. see the link above he gave to enhancers with a firearm like armed burglary makes it go from a 2nd to a 1st deg felony in fl. (https://xoxohth.com/thread.php?thread_id=4704969&forum_id=2#41487672) |
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Date: December 4th, 2020 8:21 PM Author: Fishy dead deer antler theater stage What makes you think OP is about FL? (https://xoxohth.com/thread.php?thread_id=4704969&forum_id=2#41487722) |
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Date: December 4th, 2020 8:24 PM Author: sooty vivacious rehab really tough guy i'm saying the gun being in the car, where the only crime is a dui (or child endangerment as a dui enhancer, only) is not some enhancer itself or a separate crime to worry about. in response to he op. (https://xoxohth.com/thread.php?thread_id=4704969&forum_id=2#41487753) |
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Date: December 4th, 2020 8:26 PM Author: Fishy dead deer antler theater stage And don’t you need to know his state in order to assure him of this? (https://xoxohth.com/thread.php?thread_id=4704969&forum_id=2#41487767) |
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Date: December 4th, 2020 8:28 PM Author: sooty vivacious rehab really tough guy the gun wouldn't "aggravate" a dui. having a gun when threatening someone or robbing a place or dealing drugs even makes sense it makes the situation more dangerous for others. driving impaired, by itself, isn't aggravated by having a gun in the car. you'll get hurt the same in a wreck whether the gun is in the car or not. strictly dui yeah having a gun in the car itself is nothing to worry about. (https://xoxohth.com/thread.php?thread_id=4704969&forum_id=2#41487781) |
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Date: December 4th, 2020 10:04 PM Author: Burgundy shivering shitlib station You didn't originally mention aggravating, you just asked which state a DUI/DWI with a child would be a felony, and in Texas that is the case. (https://xoxohth.com/thread.php?thread_id=4704969&forum_id=2#41488273) |
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Date: December 4th, 2020 11:15 PM Author: galvanic dark useless brakes It absolute would in my state and you're probably going to lose your concealed permit. (https://xoxohth.com/thread.php?thread_id=4704969&forum_id=2#41488550) |
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Date: December 5th, 2020 9:20 AM Author: Smoky Kitty Dysfunction Man you are an annoying piece of shit. Not every thread is about your shitty bottom feeding Florida practice. You came in here shot out of a cannon like you know everything spouting what you considered general principles then morphed this into some Florida-specific discussion because that’s what *you* purport to know.
No wonder you spend so much time on here. People IRL must find you insufferable. |
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Date: December 5th, 2020 2:39 PM Author: Self-absorbed Hyperventilating Church Is this the first time you have noticed MDH in all these years? (https://xoxohth.com/thread.php?thread_id=4704969&forum_id=2#41490941) |
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Date: December 5th, 2020 5:17 PM Author: Smoky Kitty Dysfunction He spouts off on stupid shit all the time, but in this sub thread wasteland he goes from making general statements to getting mad at other poasters who are holding him to these general statements and not confining their views strictly to Florida. It’s a new level of ridiculous retardation. (https://xoxohth.com/thread.php?thread_id=4704969&forum_id=2#41491581) |
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Date: December 5th, 2020 12:40 PM Author: Self-absorbed Hyperventilating Church I have practiced criminal law for about ten years in three large states. none had a felony statute for simply possessing a firearm while intoxicated, especially in your car. you can lose the gun as part of forfeiture process in two of the state’s but it wouldn’t even enhance the DUI charging other than giving the proesecutor something to rant about at arraignment. (https://xoxohth.com/thread.php?thread_id=4704969&forum_id=2#41490452) |
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Date: December 5th, 2020 4:38 PM Author: sooty vivacious rehab really tough guy (https://xoxohth.com/thread.php?thread_id=4704969&forum_id=2#41491401) |
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Date: December 5th, 2020 6:02 PM Author: naked temple idiot Most likely result is you lose your CCW. (https://xoxohth.com/thread.php?thread_id=4704969&forum_id=2#41491737) |
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Date: December 4th, 2020 7:34 PM Author: Heady Sex Offender Cuckoldry (Guy who often drives drunk with guns in the car furiously trying to reassure himself) (https://xoxohth.com/thread.php?thread_id=4704969&forum_id=2#41487497) |
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Date: December 4th, 2020 8:27 PM Author: Carnelian Theater MDH how the fuck have you not been disbarred, I believe you were at one point intelligent (which is more than most here can or will say) but you’ve turned your brain into useless paste. (https://xoxohth.com/thread.php?thread_id=4704969&forum_id=2#41487774) |
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Date: December 4th, 2020 9:54 PM Author: Cerise rigpig ticket booth I feel like someone took over his account. He used to be witty and somewhat funny. He’s been a complete retard in the past few years. (https://xoxohth.com/thread.php?thread_id=4704969&forum_id=2#41488239) |
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Date: December 4th, 2020 11:42 PM Author: wine beady-eyed psychic ape (https://xoxohth.com/thread.php?thread_id=4704969&forum_id=2#41488702) |
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Date: December 5th, 2020 2:43 PM Author: Self-absorbed Hyperventilating Church he has always been fully retarded when he discusses law. even in his pseudo biglaw days he was all bullshit. I have always assumed that trying to bullshit his way through legal debates is part of his schtick. he seems willfully retarded when he tries to discuss crim law, even when I agree with his underlying position. (https://xoxohth.com/thread.php?thread_id=4704969&forum_id=2#41490961) |
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Date: December 4th, 2020 11:15 PM Author: seedy hideous crotch Doesn't he do a ton of drugs? I still find him somewhat amusing. (https://xoxohth.com/thread.php?thread_id=4704969&forum_id=2#41488554) |
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Date: December 4th, 2020 11:14 PM Author: galvanic dark useless brakes You're completely wrong. It opens up a whole slew of additional charges and is relevant to child endangerment.
"Mr. Defendant, you decided to put the gun in your car before you had four beers, or was it after?" |
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Date: December 5th, 2020 2:47 PM Author: Self-absorbed Hyperventilating Church show your work. what is the ‘slew’ of charges other than some vague notion of ‘reckless’ endangerment which is usually a joke and substitute charge for prosecutors. have you ever prosecuted? I did it for six years. (https://xoxohth.com/thread.php?thread_id=4704969&forum_id=2#41490977) |
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Date: December 5th, 2020 4:41 PM Author: sooty vivacious rehab really tough guy finally someone else in here who does crim def to back me up that having a gun doesn't mean shit to a simple dui. (https://xoxohth.com/thread.php?thread_id=4704969&forum_id=2#41491418) |
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Date: December 5th, 2020 6:02 PM Author: naked temple idiot (https://xoxohth.com/thread.php?thread_id=4704969&forum_id=2#41491741) |
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Date: December 4th, 2020 7:26 PM Author: scarlet exciting blood rage lettuce That sucks man (https://xoxohth.com/thread.php?thread_id=4704969&forum_id=2#41487462) |
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Date: December 4th, 2020 7:26 PM Author: Narrow-minded Corn Cake Mood This is one of those instances that highlights the disparity between rich and poor. If you have money to pay an attorney this is all one big nothingburger (fines and classes aren’t a big deal). If you don’t have money you could very well go to jail. (https://xoxohth.com/thread.php?thread_id=4704969&forum_id=2#41487463) |
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Date: December 4th, 2020 7:31 PM Author: scarlet exciting blood rage lettuce What about not being able to drive for a long time? (https://xoxohth.com/thread.php?thread_id=4704969&forum_id=2#41487485) |
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Date: December 4th, 2020 9:35 PM Author: Narrow-minded Corn Cake Mood Those all have a ton of “exceptions” anyways. (https://xoxohth.com/thread.php?thread_id=4704969&forum_id=2#41488172) |
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Date: December 4th, 2020 11:15 PM Author: galvanic dark useless brakes You get a hardship and can only drive to and from work between 5 a.m. and 9 p.m. (https://xoxohth.com/thread.php?thread_id=4704969&forum_id=2#41488557) |
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Date: December 4th, 2020 7:41 PM Author: mind-boggling garnet locale factory reset button You would think the judges, knowing the different outcomes are due to quality of representation, would just equally apply the law (https://xoxohth.com/thread.php?thread_id=4704969&forum_id=2#41487515) |
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Date: December 4th, 2020 8:22 PM Author: misanthropic honey-headed set dingle berry Not flame, bro: This would be one of the *worst* things a judge could do. (https://xoxohth.com/thread.php?thread_id=4704969&forum_id=2#41487733) |
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Date: December 4th, 2020 7:26 PM Author: Lavender base the gun shouldn't matter if it were legal to keep in the car (https://xoxohth.com/thread.php?thread_id=4704969&forum_id=2#41487466) |
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Date: December 4th, 2020 7:34 PM Author: Emerald motley antidepressant drug athletic conference That's automatic prison time in my state unless you know the judge or something (https://xoxohth.com/thread.php?thread_id=4704969&forum_id=2#41487496) |
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Date: December 4th, 2020 9:35 PM Author: Narrow-minded Corn Cake Mood Which part makes it jail? (https://xoxohth.com/thread.php?thread_id=4704969&forum_id=2#41488175) |
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Date: December 5th, 2020 2:51 PM Author: Self-absorbed Hyperventilating Church only the DUI would potentially carry statutory custody - explain how this conviction results in automatic incarceration please. (https://xoxohth.com/thread.php?thread_id=4704969&forum_id=2#41490989) |
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Date: December 4th, 2020 7:37 PM Author: Provocative coral home Alcohol = poison (https://xoxohth.com/thread.php?thread_id=4704969&forum_id=2#41487505) |
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Date: December 5th, 2020 4:10 PM Author: Lilac swashbuckling hissy fit (https://xoxohth.com/thread.php?thread_id=4704969&forum_id=2#41491275) |
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Date: December 5th, 2020 10:12 PM Author: Nudist razzmatazz house sound barrier (https://xoxohth.com/thread.php?thread_id=4704969&forum_id=2#41492999) |
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Date: December 4th, 2020 7:40 PM Author: mischievous space oh what a FREE COUNTRY haha (https://xoxohth.com/thread.php?thread_id=4704969&forum_id=2#41487513) |
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Date: December 4th, 2020 7:41 PM Author: concupiscible sepia partner (https://xoxohth.com/thread.php?thread_id=4704969&forum_id=2#41487517) |
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Date: December 4th, 2020 8:38 PM Author: claret sanctuary (https://xoxohth.com/thread.php?thread_id=4704969&forum_id=2#41487877) |
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Date: December 4th, 2020 7:43 PM Author: french nibblets becky if it's legally possessed, what's the gun crime? (https://xoxohth.com/thread.php?thread_id=4704969&forum_id=2#41487523) |
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Date: December 4th, 2020 8:00 PM Author: Ocher Spectacular Field Candlestick Maker CR op is a moron (https://xoxohth.com/thread.php?thread_id=4704969&forum_id=2#41487612) |
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Date: December 4th, 2020 8:02 PM Author: supple citrine stead there might be an enhancement for possession while DUI? i dunno. average first dui you're looking at like shit with a interlock device and 7 months loss of license and no time. and then there is the endangerment with his daughter in the car.
different states can get real funky with that shit. |
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Date: December 4th, 2020 8:30 PM Author: Carnelian Theater Also the discretion of the cop(s) involved and the judge hearing the case can make a MASSIVE difference in the outcome for the perp. (https://xoxohth.com/thread.php?thread_id=4704969&forum_id=2#41487798) |
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Date: December 5th, 2020 2:52 PM Author: Self-absorbed Hyperventilating Church nobody resolves a first lifetime DUI by throwing it up to the judge’s discretion. have you ever been in courtroom or handled a criminal case? (https://xoxohth.com/thread.php?thread_id=4704969&forum_id=2#41490997) |
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Date: December 5th, 2020 3:08 PM Author: Hilarious appetizing newt legal warrant There are some counties where the Da has a policy of not giving any offers with respect to sentencing and the judge gives an indicated sentence in all cases. gives judges a lot of discretion to fuck over your clients if they feel like it (https://xoxohth.com/thread.php?thread_id=4704969&forum_id=2#41491058) |
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Date: December 5th, 2020 3:20 PM Author: Self-absorbed Hyperventilating Church when I left CA the trend was DUI specialty courts that amounted to heavy duty probation. granted I was not NorCal and CA has a lot of variation. but this like every other argument presumes that the local DUI bar is apparently impotent or nonexistent, which I cannot imagine being he case anywhere in CA that isn’t truly rural. I am trying to imagine a modern trial court where the prosecutors throw every case up to he judge for sentencing and it makes zero sense. they have as much stake in predictable outcomes and a plea system if not more than he defense bar. (https://xoxohth.com/thread.php?thread_id=4704969&forum_id=2#41491113) |
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Date: December 5th, 2020 3:31 PM Author: Hilarious appetizing newt legal warrant I know this isn’t all that common, but this is how things are in my county right now (at least with misdemeanors). I found it bizarre too when I first encountered it, and don’t really understand the das reasoning for doing things this way
Im not particularly experienced but I’ve been to crim courts in 4 different CA counties and hadn’t heard of dui specialty courts, so there is definitely some variation |
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Date: December 5th, 2020 3:33 PM Author: Self-absorbed Hyperventilating Church maybe I have just become gay in my old age. sounds like you are practicing again, if so good for you dood, I have always rooted for you to make it. (https://xoxohth.com/thread.php?thread_id=4704969&forum_id=2#41491157) |
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Date: December 5th, 2020 3:36 PM Author: Hilarious appetizing newt legal warrant Thanks man, appreciate that. Yeah, I’m doing a lot of crim defense work now and enjoying it so far (https://xoxohth.com/thread.php?thread_id=4704969&forum_id=2#41491166) |
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Date: December 4th, 2020 8:08 PM Author: Cerise rigpig ticket booth It’s a big IF if you are drunk. In many states, being drunk makes it illegal to possess a firearm. Go figure. (https://xoxohth.com/thread.php?thread_id=4704969&forum_id=2#41487655) |
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Date: December 4th, 2020 8:04 PM Author: self-centered carmine casino No sympathy. What kind of idiot drives around drunk with a loaded gun and his kid in the car? (https://xoxohth.com/thread.php?thread_id=4704969&forum_id=2#41487633) |
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Date: December 4th, 2020 8:07 PM Author: Pontificating brunch love of her life You still need a gun even if you're driving drunk, the carjacker doesn't know you've been drinking. If you get carjacked while you happen to be drunk and you left your gun at home, then how are you going to shoot the carjacker? JFC shitlib (https://xoxohth.com/thread.php?thread_id=4704969&forum_id=2#41487648) |
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Date: December 4th, 2020 8:18 PM Author: self-centered carmine casino Fair point. You might want to get in a gunfight while hammered with your kid in the car.
But why are you driving drunk in the first place? Isn’t that ill advised, albeit fun? |
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Date: December 4th, 2020 8:27 PM Author: Pontificating brunch love of her life He had to pick the kid up from preschool because the wife was suddenly unavailable. So do you want him abandoning the kid at preschool? No, of course not. So he had no choice but to get him. And then of course he needed a way to defend himself against carjakers. So what's even your problem? JFC dude (https://xoxohth.com/thread.php?thread_id=4704969&forum_id=2#41487778) |
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Date: December 5th, 2020 5:59 PM Author: silver odious gas station wrinkle Could have taken an uber to pick up the kid. There's really no good excuse for driving drunk, especially with a child in the car (https://xoxohth.com/thread.php?thread_id=4704969&forum_id=2#41491731) |
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Date: December 5th, 2020 10:08 PM Author: Pontificating brunch love of her life JFC, so you want to entrust the kid's safety to an uber driver and also on this hypothetical uber ride the dad would be travelling unarmed? So now there's no defense against either the carjacker or the Uber driver. Fuck that, an armed dad slightly tipsy behind the wheel of a car is far safer than an unarmed dad in the back seat of an uber waiting for Mohammed to crash into a ravine (https://xoxohth.com/thread.php?thread_id=4704969&forum_id=2#41492982) |
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Date: December 4th, 2020 9:37 PM Author: mischievous space (https://xoxohth.com/thread.php?thread_id=4704969&forum_id=2#41488180) |
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Date: December 4th, 2020 8:26 PM Author: scarlet exciting blood rage lettuce he wasnt driving around drunk with a gun and his kid. he had a few beers and an emergency came up so he had to pick up his kid (https://xoxohth.com/thread.php?thread_id=4704969&forum_id=2#41487769) |
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Date: December 4th, 2020 8:07 PM Author: aquamarine indian lodge imagine ever touching a breathalyzer lol (https://xoxohth.com/thread.php?thread_id=4704969&forum_id=2#41487649) |
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Date: December 4th, 2020 8:08 PM Author: supple citrine stead you're kinda fucked either way. if you refuse, you catch a case. if you take it, at least there is an off chance the calibration is fucked up, the cop certs aren't lined up, etc. (https://xoxohth.com/thread.php?thread_id=4704969&forum_id=2#41487657) |
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Date: December 4th, 2020 8:10 PM Author: aquamarine indian lodge I'll take a case over a DUI thanks lol (https://xoxohth.com/thread.php?thread_id=4704969&forum_id=2#41487664) |
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Date: December 4th, 2020 8:13 PM Author: supple citrine stead you'd be shocked how many of these machine calibrations are fucked up and how many cops blow mandatory certs.
i have limited experience trying these but i would take 35% chance of shit not lining up versus 100% you catch a case refusing a breathalyzer. |
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Date: December 5th, 2020 3:25 PM Author: Self-absorbed Hyperventilating Church you can still get convicted easily enough without a breath result but that’s not the kind of thing you want to hash out at trial. getting the BAC out is almost always pretrial motions.
in most states you get an automatic and severe license suspension if you refuse to blow at the police station. defendants have to decide on the spot if they want to lose the ability to drive for a year and still have he prosecutor introduce he fact that they refused a potential exonerating test. it’s often possible to challenge the machine results but at that point you are litigating a probably otherwise solid DUI thus angering the dipshit prosecutor, to your client’s detriment. |
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Date: December 5th, 2020 6:04 PM Author: naked temple idiot This is one of the dumbest things I’ve read on xo today
NEVER FUCKING BLOW OR DO THE FIELD SOBRIETY EXERCISES |
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Date: December 4th, 2020 9:44 PM Author: Hilarious appetizing newt legal warrant Here you get an additional penalty for refusal and the cops can get a warrant on the spot and do a blood test even if you refuse. (https://xoxohth.com/thread.php?thread_id=4704969&forum_id=2#41488208) |
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Date: December 4th, 2020 11:15 PM Author: aquamarine indian lodge they can force a blood test? guess not blowing is a Florida only one weird trick (https://xoxohth.com/thread.php?thread_id=4704969&forum_id=2#41488552) |
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Date: December 4th, 2020 8:11 PM Author: mind-boggling garnet locale factory reset button 4 IP'sA could do this to you in 2 hours (https://xoxohth.com/thread.php?thread_id=4704969&forum_id=2#41487666) |
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Date: December 5th, 2020 12:13 AM Author: bright party of the first part esp if torpedos (https://xoxohth.com/thread.php?thread_id=4704969&forum_id=2#41488849) |
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Date: December 4th, 2020 8:19 PM Author: razzle menage mother really messed up that he was gonna murder-suicide his kid. (https://xoxohth.com/thread.php?thread_id=4704969&forum_id=2#41487709) |
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Date: December 4th, 2020 8:25 PM Author: misanthropic honey-headed set dingle berry In my jx the DA would fuck it up and lose the case. I don't do a whole ton of state-court stuff, but I'm friendly with some of the tip-top crim-def guys and a couple have literally done shit like gone 7-for-7 full acquittal in a year. (https://xoxohth.com/thread.php?thread_id=4704969&forum_id=2#41487765) |
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Date: December 4th, 2020 8:27 PM Author: supple citrine stead a lot of "it depends" here, but yes. i had a court i was a regular at where the prosecutor barely knew the facts and rarely gave af. (https://xoxohth.com/thread.php?thread_id=4704969&forum_id=2#41487779) |
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Date: December 4th, 2020 8:28 PM Author: Brilliant Chad Storing a gun in the glove box is against the law in California. If the gun was legally locked away (like in the trunk) he wouldn't be required to tell the cop about it. (https://xoxohth.com/thread.php?thread_id=4704969&forum_id=2#41487786) |
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Date: December 4th, 2020 8:39 PM Author: claret sanctuary Lol at this faggot state. (https://xoxohth.com/thread.php?thread_id=4704969&forum_id=2#41487883) |
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Date: December 4th, 2020 9:47 PM Author: apoplectic ratface generalized bond (https://xoxohth.com/thread.php?thread_id=4704969&forum_id=2#41488221) |
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Date: December 4th, 2020 8:39 PM Author: french nibblets becky yeah put it where you can't actually access it if you needed it (but in CA that's the point--they don't want you to be able to use the gun) (https://xoxohth.com/thread.php?thread_id=4704969&forum_id=2#41487886) |
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Date: December 4th, 2020 8:49 PM Author: Brilliant Chad If you have a CCW you can holster it under the steering wheel in CA. Otherwise you could lock it in a case under the seat. (https://xoxohth.com/thread.php?thread_id=4704969&forum_id=2#41487941) |
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Date: December 4th, 2020 8:39 PM Author: Lavender base It is legal and does not require any kind of permit in many states (https://xoxohth.com/thread.php?thread_id=4704969&forum_id=2#41487889) |
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Date: December 4th, 2020 9:26 PM Author: Pontificating brunch love of her life Texasmo here, I don't understand. So how are you supposed to shoot the carjacker? (https://xoxohth.com/thread.php?thread_id=4704969&forum_id=2#41488121) |
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Date: December 4th, 2020 9:26 PM Author: histrionic piazza police squad In MN being drunk while having legal ccw is a crime. If you get dui cops can see you have county issued ccw and if they have it on you goodnight (https://xoxohth.com/thread.php?thread_id=4704969&forum_id=2#41488120) |
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Date: December 4th, 2020 9:47 PM Author: Mint Locus Boistinker Does kids in car make it a felony? (https://xoxohth.com/thread.php?thread_id=4704969&forum_id=2#41488219) |
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Date: December 4th, 2020 9:49 PM Author: Hilarious appetizing newt legal warrant DA will Usually add a misdemeanor child endangerment charge in ca for that. (https://xoxohth.com/thread.php?thread_id=4704969&forum_id=2#41488227) |
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Date: December 4th, 2020 10:01 PM Author: Adventurous transparent state What's the problem? Your friend wanted gun control and he got it. (https://xoxohth.com/thread.php?thread_id=4704969&forum_id=2#41488262) |
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Date: December 4th, 2020 10:46 PM Author: Hyperactive step-uncle's house stupid flame aside, shouldn’t it be pretty easy to get out of duis these days? Just go full virusbadmo and mask up, refuse to roll windows down and shriek like a girl if they try to force you to do anything and film it on your iPhone the entire time. (https://xoxohth.com/thread.php?thread_id=4704969&forum_id=2#41488463) |
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Date: December 4th, 2020 11:16 PM Author: galvanic dark useless brakes The system doesn't fuck around with drunk drivers when there are kids in the car. (https://xoxohth.com/thread.php?thread_id=4704969&forum_id=2#41488561) |
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Date: December 4th, 2020 11:28 PM Author: Hyperactive step-uncle's house Yea but if you get pulled over in the middle of the day on a Wednesday are they really going to be fishing for a dui especially now that everyone is wearing masks so they can’t even claim they smell it on you? I think of all the times I’ve been pulled over and I’ve never seen the cops act like they were trying to pin a dui on me. Closest was when I went the wrong way down an alley literally behind a bar on a weekend night and all the cop did was wave a flashlight (https://xoxohth.com/thread.php?thread_id=4704969&forum_id=2#41488638) |
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Date: December 5th, 2020 1:24 PM Author: 180 church building mexican “The system” doesn’t give a shit that George Floyd was tweaked out on drugs and driving around (https://xoxohth.com/thread.php?thread_id=4704969&forum_id=2#41490654) |
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Date: December 5th, 2020 2:59 PM Author: Self-absorbed Hyperventilating Church yes it does, this happens constantly and the 28 year old green prosecutors are not shocked by it. it gives them more leverage but it’s rarely a major issue in a case on its own. (https://xoxohth.com/thread.php?thread_id=4704969&forum_id=2#41491020) |
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Date: December 5th, 2020 9:21 PM Author: Hyperactive step-uncle's house Holy shit all of you faggots completely missed the fucking point I was making. I’m talking about the cops not the prosecutors. Cops aren’t going to breathalyze a guy taking his kid home from school who rolls a stop sign even before the bat flu. Now that that’s a thing you probably can just pretend to be a virusbadmo and mask up and barely crack the window. they would never get close enough to “smell it on you”. Not to mention bars are all closed and no one drinks outside their homes any more. (https://xoxohth.com/thread.php?thread_id=4704969&forum_id=2#41492774) |
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Date: December 4th, 2020 11:12 PM Author: galvanic dark useless brakes He needs to hire the best lawyer in his jurisdiction. If a first offense he can likely work out a deferred prosecution and do alcohol class and community service.
Literally everyone is going to assume he is an alcoholic now.
TBF, driving your kids around drunk out to be punished. |
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Date: December 5th, 2020 1:02 AM Author: pearl racy area if not flame, he needs to pay whatever it takes to resurrect and hire Johnnie fucking Cochran or the next best thing (https://xoxohth.com/thread.php?thread_id=4704969&forum_id=2#41488974) |
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Date: December 5th, 2020 7:55 AM Author: sooty vivacious rehab really tough guy while you're correct that usually a dead black man might be better than a live one to bet your safety and life with, but in this instance...pick a jewish or catholic lawyer. (https://xoxohth.com/thread.php?thread_id=4704969&forum_id=2#41489395) |
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Date: December 5th, 2020 8:33 PM Author: pearl racy area 180 (https://xoxohth.com/thread.php?thread_id=4704969&forum_id=2#41492549) |
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Date: December 5th, 2020 2:19 AM Author: stirring orchestra pit international law enforcement agency (https://xoxohth.com/thread.php?thread_id=4704969&forum_id=2#41489142) |
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Date: December 5th, 2020 9:12 AM Author: copper people who are hurt therapy (https://xoxohth.com/thread.php?thread_id=4704969&forum_id=2#41489527) |
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Date: December 5th, 2020 12:42 PM Author: Vibrant Hall Place Of Business bet his wife regrets that "quick coffee with my work hubby!" (https://xoxohth.com/thread.php?thread_id=4704969&forum_id=2#41490460) |
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Date: December 5th, 2020 1:06 PM Author: crusty orchid electric furnace stag film (https://xoxohth.com/thread.php?thread_id=4704969&forum_id=2#41490548) |
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Date: December 5th, 2020 2:57 PM Author: Self-absorbed Hyperventilating Church this thread is hilariously ignorant even by XO standards. guy in the OP will either get pretrial diversion, some kind of amended charge, or a straight first DUI with lightweifht mandatory minimum sentencing.
the effect of the gun and kid might be that he is denied a super-lenient diversion scenario where the DUI is dismissed altogether. LMAO at the uniformed internet retards in here yelling about he he’d BOUND FOR PRISON IN MY STATE.
XO has always been pathetic at legal analysis but it gets even worse in criminal law and particularly IRL case mechanics. sad but funny that some people seem to actually come here hoping for practical advice. |
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Date: December 5th, 2020 3:33 PM Author: hairraiser multi-billionaire ceo I'm the op and my friend already plead out to 6 months in county for a misdemeanor and loss of gun permit. His PD told him that he could go away for years if he did trial and have child endangerment on his record. He will probably get out in 90 days on good behavior if he can avoid trouble. Driver's license is gone for a year. He will have to do supervised custody with children for 9 months as part of probation. Also has to get rid of his entire gun collection. His wife has a permit but he can't be in the same household. He has a few rifles that cost over $1,000 and some antique shotguns and revolvers. He's turning them all into the sheriff on Monday morning. I think he might kill himself. (https://xoxohth.com/thread.php?thread_id=4704969&forum_id=2#41491158) |
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Date: December 5th, 2020 4:30 PM Author: Ivory irate center fortuitous meteor Hope there’s a high bridge or something nearby because I guess he ain’t shooting him self! (https://xoxohth.com/thread.php?thread_id=4704969&forum_id=2#41491362) |
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Date: December 5th, 2020 4:34 PM Author: Narrow-minded Corn Cake Mood Did you friend have any priors? He got bad legal advice. (https://xoxohth.com/thread.php?thread_id=4704969&forum_id=2#41491380) |
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Date: December 5th, 2020 9:31 PM Author: Self-absorbed Hyperventilating Church 180 flame, well done.
LOL at these guys taking his seriously. |
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Date: December 5th, 2020 6:06 PM Author: silver odious gas station wrinkle The debate has been about the charge, not the plea. Agree with poaster below this was a bad outcome unless he had priors. Even here where I'd expect felony charges in some of the cities it should be a deferred pros (https://xoxohth.com/thread.php?thread_id=4704969&forum_id=2#41491750) |
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Date: December 5th, 2020 7:53 PM Author: galvanic dark useless brakes That’s what I said, but I do think he needs an expensive lawyer. The kids in the car is the type of thing where prosecutorial discretion could play big in the final result. (https://xoxohth.com/thread.php?thread_id=4704969&forum_id=2#41492356) |
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Date: December 5th, 2020 3:29 PM Author: cerebral disturbing gunner sandwich Does the Bar fine you for this if they don't give you the boot? (https://xoxohth.com/thread.php?thread_id=4704969&forum_id=2#41491143) |
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Date: December 5th, 2020 3:33 PM Author: Self-absorbed Hyperventilating Church lol, what? (https://xoxohth.com/thread.php?thread_id=4704969&forum_id=2#41491159) |
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Date: December 5th, 2020 3:37 PM Author: cerebral disturbing gunner sandwich "your honor, lol what?" works all the time ngl (https://xoxohth.com/thread.php?thread_id=4704969&forum_id=2#41491172) |
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Date: December 5th, 2020 4:15 PM Author: thriller meetinghouse You think people lose their bar card over DUIs? How has remote law school been for you this semester? (https://xoxohth.com/thread.php?thread_id=4704969&forum_id=2#41491308) |
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Date: December 5th, 2020 4:10 PM Author: Lilac swashbuckling hissy fit sic semper alcohol users. no sympathy (https://xoxohth.com/thread.php?thread_id=4704969&forum_id=2#41491273) |
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Date: December 5th, 2020 4:32 PM Author: Lemon Abode Alcohol is poison dumbass. Smoke weed (https://xoxohth.com/thread.php?thread_id=4704969&forum_id=2#41491367) |
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Date: December 5th, 2020 4:34 PM Author: Narrow-minded Corn Cake Mood Yeah getting caught with guns and weed while your child is in the car is a lot better. (https://xoxohth.com/thread.php?thread_id=4704969&forum_id=2#41491376) |
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Date: December 5th, 2020 4:37 PM Author: Lemon Abode Nobody gets a DUI for being high lolololol keep bargaining though (https://xoxohth.com/thread.php?thread_id=4704969&forum_id=2#41491398) |
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Date: December 5th, 2020 4:40 PM Author: Narrow-minded Corn Cake Mood Nobody goes to prison for possessing a gun and alcohol simultaneously. (https://xoxohth.com/thread.php?thread_id=4704969&forum_id=2#41491412) |
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Date: December 5th, 2020 4:53 PM Author: Curious Canary Parlour Background Story what was the wife’s emergency? (https://xoxohth.com/thread.php?thread_id=4704969&forum_id=2#41491464) |
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Date: December 5th, 2020 7:54 PM Author: galvanic dark useless brakes 50 percent off sale at Target (https://xoxohth.com/thread.php?thread_id=4704969&forum_id=2#41492365) |
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Date: December 5th, 2020 10:14 PM Author: Nudist razzmatazz house sound barrier Buzzed driving is drunk driving.
As soon as his wife called he should have said, "I'm drunk. Can't get the kid. Send your mom or sister."
No excuse for this. Also, was the gun loaded? |
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Date: December 5th, 2020 10:26 PM Author: Pontificating brunch love of her life No guarantee the mom or sister is local. And of course it was loaded, how do you shoot a carjacker with an unloaded gun? (https://xoxohth.com/thread.php?thread_id=4704969&forum_id=2#41493060) |
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Date: December 5th, 2020 10:27 PM Author: Nudist razzmatazz house sound barrier He had it in the glove box. That isn't going to do jack shit in a car jacking when you are driving.
And if no one else can go, you tell the wife to tell work she can't get there until after she gets the kid. You can't ever put yourself in a position where you pick up a kid buzzed/drunk. Ever. |
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Date: December 5th, 2020 10:28 PM Author: Pontificating brunch love of her life Obviously you stay road aware and pull the gun from the glove box as the carjacker approaches. Standard tactic they teach at defensive driving school. They ask you to open the door and you pretend to comply. As you do so, their eyes naturally flicker to the motion, then you deliver the mozambique drill. (https://xoxohth.com/thread.php?thread_id=4704969&forum_id=2#41493079) |
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Date: December 5th, 2020 10:38 PM Author: Nudist razzmatazz house sound barrier In that scenario it doesn't need to be loaded. Keep the clip in the driver's door and load it as you return from the glove box. (https://xoxohth.com/thread.php?thread_id=4704969&forum_id=2#41493149) |
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Date: December 5th, 2020 11:03 PM Author: Pontificating brunch love of her life Sure in theory it doesn't need to be loaded but it also doesn't need to be unloaded, it's nbb. (https://xoxohth.com/thread.php?thread_id=4704969&forum_id=2#41493320) |
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Date: October 6th, 2026 2:44 PM Author: Marvelous hospital jap (https://xoxohth.com/thread.php?thread_id=4704969&forum_id=2#50174373) |