Originally posted by Boondawg: I think I get what you are doing, I really do. It's for the principal of it.
Almost correct. It's for my rights.
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Originally posted by Boondawg: But am I right in my memory that there is a history of adversarial contact between you and your local law enforcement?
Hmm. How to answer that ? Let's try "yes, I suppose so". By definition isn't any contact between law enforcement and citizens adversarial ? Yes, I have my moments when I buck authority but only when I believe authority is wrong. I have had many contacts with authority through the years where either I accepted fault or was let go with a warning. By and large I respect officers. I am polite and courteous, have never cussed an officer for doing his job (even if I am harassed as that reflects negatively on your case), and have never resisted arrest nor tried to escape.
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Originally posted by Boondawg: Is it a percieved "perpetual over-bounded atthority" issue, or a "tit-for-tat" on past transgressions deal?
Neither. By and large I hold officers of the law, code compliance dudes, and even the managers at local stores in high respect. Most other people also. I do however stand up for my rights and have told many a boss to shove it. Being in authority does not guarantee respect. I am not vindictive so no tit for tat. That said ...
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Originally posted by cliffw: My wife did not like it when I fought the law in Bandera County over loud music resulting in numerous arrests including public intoxication, multiple disorderly conduct charges, resisting arrest, assaulting a police officer, among others. That battle lasted almost two years, with me rejecting each and every plea bargain offer and demanding a jury trial. Of which I did not get because after I rejected the last plea bargain offer of "just promising that I would cause no more trouble" they dropped all charges. Cindi did not like it when I got a DWI (WOOO HOOOO ! I Will Be Able To Become A Felon.) in Live Oak County of which I also did not get a jury trial. Charges were dropped without even a plea bargain being offered. Cindi did not like it when I got a DWI in Medina County (not reported here due to the ripping I got from reporting the last one) of which again I also did not get a jury trial. Charges again were dropped. Cindi did not like it when I got a DWI here in Kerrville a couple of years back (again, not reported here). Again, no jury trial. This after an involuntary blood draw. They did offer me a plea bargain offer of which I refused though.
... I want a jury trial. The wife again does not like it.
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Originally posted by Boondawg: It is easy to say you are doing it to "preserve" the rights of others, but do you really care enough about strangers to go to jail for them?
Heh, ..., when all is said and done, will I have made a difference ? I think not, I think so. Will anything change ? No, yes. I am not doing this to preserve the rights of others. I am standing up for my rights. The Public Intoxication charge I would bet is the most abused charge that can be applied against a citizen. Very hard to beat. It's a authority control charge. One thing that will change is that the arresting officer will have to learn to be a better liar. He will also realize that I and others might just take him to court so he can prove guilt, and possibly might be a little more certain before he files charges. Perhaps other officers in his department might also hear about this. Another thing that might change is that I will be on a "hot list". So be it. I am not gonna be scared to leave my home. I work and support the economy. I own my home and a lake place and pay property taxes along with school taxes and income taxes. I vote. I volunteer. This is my community.
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Originally posted by Boondawg: I'll believe your reason, I just wonder how many out there "fighting oppression" are actually self-sacraficing for that sake alone........
Not sure what you mean by self sacrificing. If it means "give me freedom or give me death" that would be me.
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08:23 AM
Indiana_resto_guy Member
Posts: 7158 From: Shelbyville, IN USA Registered: Jul 2000
Originally posted by FieroFanaticus2: Certainly not a situation to be made a game of.
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Originally posted by maryjane: It ain't difficult to get a public intox charge here in Texas. Walk out of a bar with booze on your breath--onto a public sidewalk, and you're fair game.
Tomorrow is game day. Pre season trial hearing. I am stoked !
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Originally posted by maryjane: I don't know the particulars of this incident, but my gut feeling, is that Cliff is not an alcoholic, but rather a person who tends to push buttons with local law enforcement, and chooses to use less than optimum good judgement at times.
Originally posted by tbone42: Cliff, what happened with this?
Nothing, . Funny you asked. Yesterday, I was gonna post an update. Starting by saying this thread has gone stale. So, ..... I was gonna provide some filler. Started to post but, it has been so long, I forgot where I put my notes. I will entertain you in a couple of days, . Yesterday, I had my last day of seven days off. I have been up for about 28 hours and there is another thread I want to post in before pass I pass out. Thanks for the bump. I started a post and had to find the thread in search.
I don't think they let you post on car forums when your in Texas jails.
He didnt necessarily go to jail, I just wanted to hear what happened in courts, what they said, etc. I have been waiting to hear about this for months... I have been "on the hook" so to speak.
[This message has been edited by tbone42 (edited 02-15-2011).]
Remember now, this is a game. The results you will see are demonstrated by an untrained, an untrained, an untrained doofus. Please try this at home, . Stand up for your rights. I was gonna update the thread, stating that it was getting boring. To liven it up. I thought that I would elaborate on this : .... I got out of jail on my word that I would show up for court. I did not, . I got a reschedule, ho hum, . I did make it to court the next time I was scheduled, BUT, as I posted ...
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Originally posted by cliffw: I walked in (a story in itself) and spoke with the city prosecutor ( a hot fillie of a piper that she is) and told her .....
So, I will tell you about "the story in itself". Maybe tomorrow. Please forgive me. I am wanting to, I am just tired, and fighting against a good, comfortable internet access. Can't find my notes either. They must be at home. You will though like the story. Every one likes a good train wreck, .
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10:48 AM
cliffw Member
Posts: 36676 From: Bandera, Texas, USA Registered: Jun 2003
Ok, ok. I get intermittent web access when I am at work. I also did not have my notes, from the arrest/case. Nothing has happened. Well, not exactly nothing. I want my jury trial. Please forgive me if I repeat already disclosed information. As with any ongoing legal case, it is not prudent to disclose details. I have made every set court date, or have asked for and have been granted a reset if my work schedule conflicted. The first court date, the City Prosecutor, in private session of the pre trial hearing, asked me how I wished to handle it. I told her that I could not plead guilty to the erroneous accusations. She read through the ?affidavits? and said she could not dismiss them. So, I asked for a copy of them, of which she obliged, and we reset the pre trial hearing. Giving me a chance to see the specific allegations. As I read through them, all I could think of was "lies", and/or suppositions. So, at our next conference, I informed her that I would plead not guilty, and would want a jury trial. I asked her if her/the municipal court was a court of record, meaning if it had a stenographer. It did not. So I pre appealed to a court or record, County Court. They have set two dates. Both which conflicted with my work schedule and was excused from with notice as such. I am waiting for a new court date. That is the quick reply to the curiosity of the forum. I can add some filler when I find my notes but am gonna use the rest of a really nice day doing outside stuff.
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04:40 PM
cliffw Member
Posts: 36676 From: Bandera, Texas, USA Registered: Jun 2003
I really thought it would be over by now. Thanks Cliff, hope I did not bug ya too much over it, just curious what kind of fireworks you might have set off in the courtroom.
Policemen lie? Nooooooo, that never happens.
Good luck!
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04:56 PM
May 2nd, 2011
cliffw Member
Posts: 36676 From: Bandera, Texas, USA Registered: Jun 2003
Oops, meant to hit the preview button. Actually, some interesting events have taken place. I had been thinking about updating this thread tonight. As well as the last "I quit my job" thread. No, I did not go to jail. If I did, a two day stay would satisfy my obligation should I have one. I have been working. When the sun shines is not the only time you can make hay.
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08:16 PM
Oct 10th, 2011
cliffw Member
Posts: 36676 From: Bandera, Texas, USA Registered: Jun 2003
Ok, an update. I had been meaning to keep you updated but, with all the anger about civility and decorum, I did not want the info passed to my accusers. I still can not comment candidly because if I did, you would understand it would not be prudent. I guess I will cite "ongoing investigation" as an excuse. First, a recap to the allegation of my public intoxication.
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Originally posted by cliffw: The law reads that I had to be under the influence and be of a danger to myself or others. I can not tell you the officer's rationale, . Now he will have to prove it. I was sitting on the Kerr County courthouse lawn, talking with a married couple (strangers) about an implosion of our old nine story hospital which was to occur just across the street in downtown Kerrville. It was about 11:30 PM Sunday night and I had worked my last twelve hour day of a seven day hitch, having got off at 6:00 PM. I was dirty, worn out, and gruff looking. Not that it should matter. Being dirty, worn out, and gruff looking is not a crime. My route home did pass Bandera and I did stop at my lake property to evaluate needed care and visit friends and drink beer. The old hospital was to be imploded Saturday night. My wife was telling me about all of the town folk sitting there watching Saturday night while I was still at work, so when I came through on Sunday and it was still standing, I was curious. Folks were sitting there and I stopped and asked why it had not already gone down. The first group of people I spoke with were not too friendly and had to be the ones to call the cops. I do not know how I offended them. I left the first group and then met and was invited to sit with the married couple. Law dog comes up and asks me if he could speak with me. "Yes sir" I say and he asks me if I was the operator of that blue truck. Yeah, right, I tell him it sounds like you are conducting an investigation and that I would like to talk with my attorney. He asks me how many beers I had drank. I told him he would have to ask my lawyer. I was arrested. He got a call, arrived, and observed me sitting on the grass conversing with local citizens. How was I a danger to myself or others ?
Notice that I immediately invoked my right to talk to my attorney. During my initial pre trial conference, I suggested the city attorney should drop all charges when she asked how I pled. I told her I encumbered enough penalties to ensure that it would not happen again. She then read through the cop's affidavit and said that she could not do that. I told her I could not plead to false allegations. I then requested a copy of the cop's allegations. Surprise ! Lies. Just as the lies in my DWI felony charge resulted in that charge being dropped with no plea bargain. Let's examine the lies.
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law dog's arrest reportparaphrased FACTS () 1)Officer dispatched regarding a highly intoxicated male @23:59 hrs. Upon arrival, contacted by an off duty firefighter who advised that he observed a male arrive who appeared to be highly intoxicated. 2)The male was now sitting with an elderly couple watching the demolition of the old Peterson Hospital. Officer made contact with the male and detected a strong odor of an alcoholic beverage emitting from suspects breath and person while speaking to him. 3)Suspects responses were slow and speech slurred. Officer observed suspects eyes to be both red and glassy. Officer observed suspect to be unsteady on his feet. Suspect advised that he had got off of work at 18:00 hours and came to watch the demolition. Officer asked suspect if he knew what time it was and suspect responded ten o'clock when it was actually after midnight. 4)Officer determined suspect intoxicated to the degree that he was a danger to the degree that he was a danger to himself and the public if he was to be released due to his level of intoxication. Suspect placed in handcuffs (double locked). Suspect inquired why he was singled out as being intoxicated and while officer attempted to explain, suspect became argumentative. 5)Officer asked how suspect arrived at location and suspect raised his voice asking for officer to speak to his lawyer. Officer assisted suspect into the rear seat of the patrol unit and then made contact to the elderly couple Suspect had been sitting next to and they also advised that they could tell suspect was intoxicated due to his behavior. 6)The reporting witness had observed suspect walking from a blue in color Tayota Tacoma . Officer asked if the vehicle belonged to him and suspect began yelling once again asking if officer had spoken to his lawyer yet. 7)Suspect refused to tell officer if vehicle belonged to him. Officer had dispatch confirm vehicle was registered to him and had it impounded. Five beers were missing from a package and the rest were cold. 8) Officer transported suspect to Kerr County jail and released him to the awaiting jail staff. Officer observed suspect to be calm and respectful one moment and change to argumentative the next, which provides further evidence of suspects intoxication level. Suspect became argumentative once again at the jail with officer and the jail staff. Suspect refused to answer any of the questions required by the booking staff required for processing. 9)The in-car digital video/audio from patrol unit #454 will be entered into evidence. 10)This report will be forwarded to Municipal Court for prosecution. End of Report
Sounds like suspect's goose is cooked . 'Cept ..., my what a mighty web we weave when at first we start to deceive. It was just not my lucky night that night. Tragically, the audio portion of the audio/video recording unit was not working, . Neither the uniform lapel microphone nor the in car microphone was working either. Not only that, the officer failed to get the names of the reporting witness who reported me for being publicly intoxicated and the elderly couple who concurred. Ho hum, yawn, . So audio proof does not exist on the copy of the in car video/audio recording and it is my word against his. Proof which would expose his lies. I can not even question those that he did, especially the elderly couple whom could refute the officer's version of events. I have yet another court date Oct 17th. I was supposed to get a copy of the audio/video disc with the audio corrected but haven't yet. Hmm. Stay tuned, .
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09:02 AM
Oct 22nd, 2011
cliffw Member
Posts: 36676 From: Bandera, Texas, USA Registered: Jun 2003
Originally posted by cliffw: I have yet another court date Oct 17th. I was supposed to get a copy of the audio/video disc with the audio corrected but haven't yet. Hmm.
I was informed, that due to difficulties, court had to be postponed. I reminded them, oh heck, two weeks ago, that I still needed a copy of the audio/video evidence. I still not have received it. Hmm .... .
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07:31 AM
Dec 28th, 2011
cliffw Member
Posts: 36676 From: Bandera, Texas, USA Registered: Jun 2003
Originally posted by cliffw: I reminded them, oh heck, two weeks ago, that I still needed a copy of the audio/video evidence. I still not have received it. Hmm .... .
Hmm ... me thinks they do not want to give me a copy of the audio/video evidence. It sure would make that cop look bad as it does not depict what is in his police report, which would be perjury. Maybe also tampering with evidence if he altered the one given to the prosecuting attorney so it would not allow audio ability. Today, I am gonna ask some questions and I want answers.
The wheels of Justice turn slow, , but I will have justice. Classification of the misdemeanor ? Gotta be the lowest there is. "C" I think. Don't care.
Heh, when asked for a copy of the audio/video evidence, as is my right, I was told there was not one in the file. Heh, there was one there when the prosecuting attorney and I watched it together (you know, that ploy where they show you the evidence to make you realize you have no chance of winning). The prosecuting attorney was not in the office when I went but they did set yet another jury by trial date for Feb. 20th.
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08:08 AM
cliffw Member
Posts: 36676 From: Bandera, Texas, USA Registered: Jun 2003
?
Another pretrial hearing 
. 'Cept ..., my what a mighty web we weave when at first we start to deceive. It was just not my lucky night that night. Tragically, the audio portion of the audio/video recording unit was not working, 
. So audio proof does not exist on the copy of the in car video/audio recording and it is my word against his. Proof which would expose his lies. I can not even question those that he did, especially the elderly couple whom could refute the officer's version of events.
