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Thread: Bored lawyer, answering your legal questions.

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    Default Re: Bored lawyer, answering your legal questions.

    Quote Originally Posted by threlayer View Post
    Another thing, if they give you a blood test, they will swab your arm with alcohol (maybe isopropyl or whatever). Then typically they stick you before it's evaporated, capturing some of that liquid. Their blood chem test does not detect the difference between ingested ethanol and the cleansing isopropyl. So you will test higher than is really the case. Another thing about the blood test -- I believe you have the right to determine the safety and competence of the test taker. Though I can imagine their anger when they don't get to do things their own way.

    That said, GL, seems to me they have you on their list of "usual suspects."
    -----
    I am in a much safer situation, never having been drunk to start with and I can say the alfabet backwards pretty rapidly plus spell some long and difficult words, ones they can't spell. Might be good to practice that. LOL
    I worked Alcohol and Drugs rehab and swabs were never an issue.

    No, not on a short list, just drive vehicles that stand out and guarantee getting tagged at a roadblock. I left one once, then got pulled into it again, and a third time. lol Finally the cop said go out this other way so we don't pull you in again.

    I have had more positive experiences with cops that what seems to be the norm. It is the minority of cops who are bad, in my experience. As long as you treat them with respect, you can get away with more then someone who doesn't. As I said, I consult my lawyer regularly about what lawful orders are, and comply. However, one doesn't have to have a conversation with the cops.

    Also, as part of treating them with respect, one should allow them to 'be in control'. I have never just given them my info when stopped. I let them ask for it, if they ask for it at all. Most cops I know will give you a ticket if you hand them your stuff unasked (they assume you want the ticket lol).
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    Senior Member Blackstone's Avatar
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    Default Re: Bored lawyer, answering your legal questions.

    Quote Originally Posted by Axiom View Post
    I don't drink and drive, completely against it. I am asking out of pure curiousity, and I guess a little because I know people who do. Thanks for your input on the matter.

    I am curious as to what Mr. Blackstone has to say...
    Here's what you ought to do (assuming you're drunk or there's any chance you'll fail a breathalyzer or field test):

    First, be nice to the officer. If you're not, you may get the crap beat out of you. It happens. Also, most cops have microphones on, and it doesn't look good on the police car's videotape to be mouthing off to the cop.

    After that, if they ask you to get out of the car or take a sobriety test, decline (politely). The point of getting you out of the car is so they can show a video of your drunkass wobbling around to a judge and jury. Those tests are hard; most people can't pass sober. Even if you're a steady guy/girl, don't risk it.

    Tell them to please cuff you, arrest you, and put you in the back of the squad car. If possible, have them walk you into the car so that if you are wobbly, you can blame it on the cop pushing you around.

    In Texas, you'll lose your license for declining a breath test, but you can usually get that back reasonably quickly unless you already have a couple DWIs on your resume. Everywhere I'm aware of requires a warrant for a nonconsensual blood test, so, unless it's you're really unlucky night, they're not doing one of those. Refusing to take a breathalyzer or field sobriety test is evidence admissible against you, but, if there's no test and no video of you acting like a drunk prick, you're in excellent shape.

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    Default Re: Bored lawyer, answering your legal questions.

    Quote Originally Posted by Blackstone View Post
    Here's what you ought to do (assuming you're drunk or there's any chance you'll fail a breathalyzer or field test):

    First, be nice to the officer. If you're not, you may get the crap beat out of you. It happens. Also, most cops have microphones on, and it doesn't look good on the police car's videotape to be mouthing off to the cop.

    After that, if they ask you to get out of the car or take a sobriety test, decline (politely). The point of getting you out of the car is so they can show a video of your drunkass wobbling around to a judge and jury. Those tests are hard; most people can't pass sober. Even if you're a steady guy/girl, don't risk it.

    Tell them to please cuff you, arrest you, and put you in the back of the squad car. If possible, have them walk you into the car so that if you are wobbly, you can blame it on the cop pushing you around.

    In Texas, you'll lose your license for declining a breath test, but you can usually get that back reasonably quickly unless you already have a couple DWIs on your resume. Everywhere I'm aware of requires a warrant for a nonconsensual blood test, so, unless it's you're really unlucky night, they're not doing one of those. Refusing to take a breathalyzer or field sobriety test is evidence admissible against you, but, if there's no test and no video of you acting like a drunk prick, you're in excellent shape.

    Thanks for the info

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    Default Re: Bored lawyer, answering your legal questions.

    From a NYS lawyer's web site:

    "Consequences of Refusing to Take a Chemical Test

    ... But if you refuse to submit to a breathalyzer test after being arrested for a DWI, there are consequences to face.

    Pending a hearing before an Administrative Law Judge with the New York State DMV, your driver’s license will be suspended. If you lose the hearing, your license will be suspended for six months. And you’ll face a financial penalty aside from losing your license. "
    I loved going to strip clubs; I actually made some friends there. Now things are different for the clubs and for me. As a result I am not as happy.

    Customers are not entitled to grope, disrespect, or rob strippers. This is their job, not their hobby, and they all need income. Clubs are not just some erotic show for guys to view while drinking.

    NOTE: anything I post here, outside of a direct quote, is my opinion only, which I am entitled to. Take it for what you estimate it is worth.

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    Default Re: Bored lawyer, answering your legal questions.

    I gots nothing to do. Anybody have anything else?

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    Default Re: Bored lawyer, answering your legal questions.

    OK here's a question that may be pertinent to many dancers. How does one go about 'expunging' their record of bogus anti-strip club ordinance / lewd conduct / prostitution charges ?

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    Default Re: Bored lawyer, answering your legal questions.

    I'm be curious to know if their are any associations for lawyers and such that deal specifically with the adult industries?
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    Default Re: Bored lawyer, answering your legal questions.

    PLEASE PLEASE PLEASE can you answer this question before I mail in the civil court applicaiton paper I picked up today. I posted it in another section:
    http://forum.stripperweb.com/showthread.php?t=132998
    I THINK - THEREFORE I AM

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    Default Re: Bored lawyer, answering your legal questions.

    Quote Originally Posted by Kylea2 View Post
    I'm be curious to know if their are any associations for lawyers and such that deal specifically with the adult industries?
    Not that I am aware of. Other than obscenity and prostitution problems, I don't know anything unique about adult entertainers that a normal group of lawyers couldn't handle.

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    Senior Member Blackstone's Avatar
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    Default Re: Bored lawyer, answering your legal questions.

    Quote Originally Posted by Melonie View Post
    OK here's a question that may be pertinent to many dancers. How does one go about 'expunging' their record of bogus anti-strip club ordinance / lewd conduct / prostitution charges ?
    Every state is probably different on this. In Texas, most misdemeanors can be expunged. I've never done one personally, but I'm told they're more of a hassle than real work. I think you can hire a lawyer to do this for you for cheap (relatively speaking).

    The problem is that lots of employers and universities use private companies to do background checks. These companies dont have to clear your record after it has been expunged. In other words, just because something has been expunged doesn't mean a whole lot in the background check context. Just something to think about...

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    Default Re: Bored lawyer, answering your legal questions.

    ^^^ very good point re private services retaining background records that are not affected by a future expungement order.

    On a different subject, what do you think of this recent development ( posted over in the Industry Insight section).

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    Senior Member Blackstone's Avatar
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    Default Re: Bored lawyer, answering your legal questions.

    Quote Originally Posted by Melonie View Post
    ^^^ very good point re private services retaining background records that are not affected by a future expungement order.

    On a different subject, what do you think of this recent development ( posted over in the Industry Insight section).

    http://forum.stripperweb.com/showthread.php?t=133001
    That's kinda hilarious. Other than that, it seems like a pretty simple personal injury case. 99% of stuff like this settles with the insurance carriers, anyways. Going to trial is extremely expensive, and all.

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    Default Re: Bored lawyer, answering your legal questions.

    ^^^ but that's precisely what disturbed me ... in this particular case Cheetah's insurance carriers were not able to settle. Also, the plaintiff's high powered attorneys have managed to sue the dancer personally ( as a separate independent business entity ) along with suing Cheetahs.

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    Senior Member Blackstone's Avatar
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    Default Re: Bored lawyer, answering your legal questions.

    Quote Originally Posted by Melonie View Post
    ^^^ but that's precisely what disturbed me ... in this particular case Cheetah's insurance carriers were not able to settle. Also, the plaintiff's high powered attorneys have managed to sue the dancer personally ( as a separate independent business entity ) along with suing Cheetahs.
    Lots of insurance carriers won't settle on "fair" terms until there is a lawsuit. Basically, insurance carriers won't pay more than their nuisance cost until you force them to.

    It definitely sucks for the stripper. I don't know what employment law is like in Florida for torts committed by contractors, but I suspect should could be held liable, in theory.

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    Default Re: Bored lawyer, answering your legal questions.

    OKKK! I have a question. This girl that works at the same club as me started to harrasse me, threatin me, so I work OSHA- they said call the police, So I switched clubs, she kept on, so I went and made a report. Yesterday she was not working so I went to work at my old club, she came in as a customer and hit me. I fell and hurt my knee really bad. I called the police, the girl had already left and the police were like OH that, oh you will have to go to court for that.. and they got in their car. I started talking to my boss and I said that fucking bullshit, I cant believe they are not going to do anything. This one asshole cop got out and was like WHAT did you say! I said this is fucked up, Ive already reported her before and yall arent going to do a fucking thing. He said NO you said Fuck the police! I already told you what to do, go to court. I was upset so I kept talking I was like ugh thats fucked up! So he arrested ME for disorderly conduct. He did NOT read me my rights! I bond right out. But now I can barely bend my knee, How Am I supposed to work?? I dont think anythings broken, but I am going to the hospital tommorow if it gets any worse.

    But so what should I do about the disorderly conduct? He didnt read my rights and I know you are supposed to. There were plenty of people outside, but I dont know if anyone will have caught that.

    And should I sue her for injurying me, now I cant work til my knee is better..
    She doesnt have any money but she is married and her husband has plenty of money, they dont live together but they still see each other, they are very much together, he pays for her bills. If she doesnt pay can I get her husband to pay?

    What do they do if she doesnt pay? I dont want to waste all my time when I know she doesnt have money. Her husband has plenty tho



    Also I want to do something about the police that wouldnt do anything about her threats, If there wasnt anyone around she could have done more. And My knee is really fucked up, I can feel alot of fluid in it, its very swollen. Swollen so bad I can barely bend it.


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    Default Re: Bored lawyer, answering your legal questions.

    Quote Originally Posted by babybambi08 View Post
    OKKK! I have a question.
    Stay calm and use the law. Dancers permit the powers that be to piss on them. OJ cut off his wife's head and walked.

    When the dancers of the world unite I will run for business manager and you will get your rightful piece of the pie.

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    Default Re: Bored lawyer, answering your legal questions.

    I don't know too much about criminal law, but maybe you can try talking to the district attorney.

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    Default Re: Bored lawyer, answering your legal questions.

    Quote Originally Posted by Earl_the_Pearl View Post
    Stay calm and use the law...When the dancers of the world unite I will run for business manager and you will get your rightful piece of the pie.
    Like that would ever happen; they won't even unite for better pay/work conditions. Gotta be something wrong there. Too damned independent, rebellious, and in a shadow profession, I'd guess.

    Quote Originally Posted by eagle2 View Post
    I don't know too much about criminal law, but maybe you can try talking to the district attorney.
    This is the best course of action. You asked the policemean to do more than he wanted to then you annoyed him. Police are 'public servants' paid for by public money and this creep was too lazy and argumentive, like many of them. The ADA will probably help if their attitude is right, maybe a young and idealistic one who isn't outraged by women showing their boobs in public.
    I loved going to strip clubs; I actually made some friends there. Now things are different for the clubs and for me. As a result I am not as happy.

    Customers are not entitled to grope, disrespect, or rob strippers. This is their job, not their hobby, and they all need income. Clubs are not just some erotic show for guys to view while drinking.

    NOTE: anything I post here, outside of a direct quote, is my opinion only, which I am entitled to. Take it for what you estimate it is worth.

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    Default Re: Bored lawyer, answering your legal questions.

    Well Im going to talk to my lawyer friend today..
    All I can say is every cop Ive ever met is a pig, I would hate my life too If I was a cop.
    Im going to teach my kids that cops are people you cant trust. You know how they learn if they are in trouble go to a teacher, or a cop or a doctor.
    Well Ive had countless times where I was the victim and the cops are like we cant or wont do anything. The world would be a better place without them as far as I see it.


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    Default Re: Bored lawyer, answering your legal questions.

    You should try talking to a district attorney if you want to bring charges against her. Were there any witnesses? Have you been to a doctor? You should see a doctor to make sure your knee is okay and also to document your injury from the incident.

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    Default Re: Bored lawyer, answering your legal questions.

    Quote Originally Posted by babybambi08 View Post
    Im going to teach my kids that cops are people you cant trust. .
    Well who are they supposed to go to if someone tries to kidnap them or if you fall getting out of the shower and knock yourself unconscious?

    Seriously, this worries me.

    I have had a few run ins with police also in my day and have gone as far as calling one Deputy Dip Shit to his face, but now that I'm a little older and wiser, I see how hard their jobs really are.

    They get paid a modest salary to protect the safelty of a larger population. If they got mowed down in the Streets by criminals every single week where you live like they do where I live, you might have a little more respect for a job that most of us are too chicken shit to do.
    XoXo Gia
    Danielle Fishell (the Dish): "If the Super-Star thing doesn't work out, Gia makes a great stripper name"

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    Default Re: Bored lawyer, answering your legal questions.

    Quote Originally Posted by Gia2608 View Post
    They get paid a modest salary to protect the safelty of a larger population.
    In north central New Jersey a regular patrol cop gets $80,000 in pay.

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    Default Re: Bored lawyer, answering your legal questions.

    What's the median price of a single family home there and what is your tax rate for that bracket?? Do they require a four year degree to join the force? How much is a gallon of milk there?

    I'd say 80k is modest. It's not a huge salary and it's not a shit salary. Broward Sheriff's Office pays about 50K a year, which is ok but keep in mind about 7 deputy sherriffs have died in action THIS year alone, never mind the last three.

    And here, the median home price is probably about $180K now (just a guess), income taxes are low (income tax of 15%, no State) Milk is $3 and change a gallon. The Sheriff's office doesn't require a degree but other forces do.


    And aside from all of that I don't think teaching children that cops can't be trusted in socially responsible.
    XoXo Gia
    Danielle Fishell (the Dish): "If the Super-Star thing doesn't work out, Gia makes a great stripper name"

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    Default Re: Bored lawyer, answering your legal questions.

    Bambi, something similar happened to me. What you need to do, and do it now I don't think its too late, is call 911, report this. An officer will come out to your home. Show him your knee and ask him if he could take a picture of it. Sometimes an officer will do this, or in my case he did. If he doesn't take the picture yourself. GO TO THE DOCTOR!!!! At the least, the Dr. will tell you that you strained your knee, he will make some sort of statement that your knee is not 100% functioning if it is how you described, and this is enough to hold up in court. If you're struggling for money, and I know I'm going to get crap for saying this, you can go to the Emergency Room, and you don't have to pay right away. Don't not go because of the medical cost. The officer that comes to your home will give you a report number, and a number to call. Your case will be assigned to a detective, and you will have to meet with him. All of this happens fast and easy so don't worry! Go meet with him, show him your "evidence" (doctor's notes, medical report, pictures, etc.) He will then either go arrest this girl (I believe) and your case will go to trial. You will go before a judge, and she will either be found guilty or innocent. If everything happened as you described, she will be found guilty, and in the very LEAST she will have to pay a 500$ fine for a misdemeanor assault, and live with those charges on her record, which does NOT look good! Try and do this ASAP, it doesn't look good if you wait very long.
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    Default Re: Bored lawyer, answering your legal questions.

    Quote Originally Posted by Gia2608 View Post
    What's the median price of a single family home there and what is your tax rate for that bracket?? Do they require a four year degree to join the force? How much is a gallon of milk there?
    They have to have an associate degree or military service. $363,200 is the median sale price of a home down from $440,000 in 2005. I can't remember the last time a police officer was shot at much less shot in the county. If an officer draws his gun it makes the news.

    They are paid much more than the police in higher crime areas like Newark a few miles away.

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