[PI] Guy is taking TABC to Court

I wish he'd just leave it be.

 

If they through me in jail for just drinking at a bar I would want to mess them up as much as possible.

 

ditto

no harm, no foul my ass. they put him through **** and now he should make them pay.

 

The guy was arrested for drunk driving not to long ago? And he was drinking? I guess he hasn't gone to court for that yet.

 

Funny, my brother had a similar situation where he had the opportunity to make a bad cop pay for this type of thing. My brother was driving late at night, fell asleep at the wheel and crashed into a parked car. The cops showed up, gave him a field sobriety test (which he passed, as far as I can tell) but refused the breathalizer (I don't drink and I think I would refuse those...just too much risk put on a machine that can have faults). Well, he goes to jail. He was on probation for past drug crimes, which now go on his record because of the arrest.

Later on, during the court proceedings for the DWI, everyone who sees the field sobriety test has the same reaction. Completely sober people have been known to do worse on the test. Then, magically, somehow the cop and his department manage to lose the tape. Now it cannot be evidence in the trial. The DA forces the DA's assistant to try it anyway, and of course it is dismissed. My bro's lawyer told him they could probably get the badge of the office that arrested him if he really wanted to pursue it. After having already shelled out something like 2-3k in lawyer's fees, he decided it wasn't worth it. But it still sucks that he now has these two felonies go on his record because this cop jumped the gun a bit on the arrest.

 

it's still on his record even if the case was dismissed? that's pretty ****ed up.

 

He'd be making us pay. For the people in the courts, it's all the same to them -- they get paid the same either way. Do you want your tax dollars to go to pay for a moot case?

 

Why? If his story is exactly how it played out, I think he has a good reason to be pissed.

 

It's not a moot case. Any example to keep TABC from over-reacting on another person is well worth it.

 

Yes, if it results in TABC being neutered

 

I don't see he has any cause to be pissed. He seems to be confident that he has a good defense, but that doesn't mean the State didn't have cause in citing him. Maybe they did and maybe they didn't. It isn't going to make a bit of difference to the TABC whether it goes to trial or not or if they get a conviction or not. All the bad press and complaining they caused will have a much larger effect on their future behavior than how a particular court case works out.

If he does have a valid complaint about being harassed, why doesn't he sue or something? Why does he need the State to move forward with a prosecution?

 

I'm guessing his attorney feels he has a stronger case for a suit if it goes to trial.

As I have stated, a PI is waaay to vague to be prosecuted successfully. That is why they are all dismissed if you plead not-guilty.

Let me ask you this, Juan: You're out grocery shopping. Suddenly, a person taps you on the shoulder and says you are acting irrationally. I don't know, maybe you stumbled. You are taken away in handcuffs and forced to spend 12 hours in jail.

Upon seeing the evidence after you have been bailed out (which also costs money, unless you have $500 cash sitting around), the prosecuter decides to just dismiss the case.

Are you willing to just take it? Or do you fight?

 

That's what I was hinting at in my post. If the TABC gets roundly defeated in this case, there will (hopefully) be lots of bad publicity for them, and then maybe the public will clamor for their neutering or disbanding.

 

That may be true. Not sure why the court should have to put up with their jockeying.

I think you need to tweak the hypothetical because acting irrationally at a grocery store is not any sort of crime. Being drunk in a bar is. Would I be pissed if I was arrested for a crime that isn't even a crime that I wasn't even guilty of? Yes. Would I just sit and take it? Yes.

 

I'm not sure an ill-advise sting should lead to the disbanding of the TABC. I'm with JV on this one. If they want to drop the charges, let them drop the charges. If this guy wants to make a point, do it by bringing your own lawsuit against the TABC.

This has been a huge story and most of the public feels the same way about it. They've stopped the stings, so I'm not sure what else needs to be done to embarass the TABC.

 

No it's not.

 

you'd be okay with some girl outright lying and accusing you of rape, basically defaming your name and costing you your job? that's what you're saying, right? surely, you'll be pissed, but you'll get over it in a couple of days.