Were my rights violated by the magistrate apon my arrest for DWI?

[yj965]

Well, I won't make a long story out of this as its not needed but.... I went to a party drunk a good bit. Had a few bumps to keep me runnin around and my dd left me and my car there. Well it got pretty fuckin cold that night so I stayed around, didnt think it was or I would have gotten my -0 sleep bag. I was passing in and out of sleep for about 6 hours.

I got pissed at the cold and thought, i'll drive 2 miles down these old country roads to my buddys warm house. this was about 10am sunday. Well, I fell asleep and flipped my car. I got a DWI...... I wasnt hurt thank God. Everyone was nice at the out there and the ride to the jailhouse was cool, (i wasnt yelling, talkin shit, etc... I rode in the front of state trooper car....). I was nice to everyone at the jail and after the offical breath test and everything the pig took me to talk to the magistrate. He asked where I lived, I said that due to the fact the the housing market is slow I dont have much work building log cabins so i moved back in with my parents. (this is about 1:00 sunday) He said "Well oneof you parents have to come pick you up if you want to get out!" I comly said "m 22 years old, you gave me and unsecure bond, why my parents? There 300 miles away fishing at the beach with my brothers" He told me to sit down and sut up. As much as I wanted to hit em I sat down. Icalled mybestfriendnd him and his mom tried for hours, while I was passedout in the holding cell, to get me out and they couldnt

My question is were my rights violated by them not leting me go? The law states something about if your over 18 any sober person can get you out, OR after 4 to 6 hours your can walk away, WHAT THE FUCK???

Thanks for all your help!. Im in North Carolina for not if that matters

[yj965]

Sorry about the misspellings. Something with my old computer wasnt leting me add the characters in, it just over wrote them....

Sorry

[Creeping Death]

I think he was just fucking with you.

[Sklander]

They were just straight fucking with you, but what are you going to do about it? They know you aren't going to do shit, so they pull that shit all the time, man. Your day just turned from shitty to worse. Take your bumps and don't stir up anymore shit.

[mick mouse]

Several ideas on this. First, was SWIY still under the influence (legally speaking, not subjectivly) or would the judge have any reason to suspect that SWIY may have still been under the influence? He could also have used the reason that because you were in a vehicle wreck, you may not have been "competent", although that would usually get you a hospital room overnight, rather than a jail cell. Either one of these could be a valid reason to release you to the custody of a family member. Also, an unsecured bond DOES NOT mean that the magistrate couldn't add this requirement to your conditions of release, They are two different things! Unsecured bond means that he saw no reason to require security to compel your attendence at a future court hearing, conditions of release mean that in order to continue to enjoy some freedom, SWIY agrees to give up certain other freedoms: i.e. no drinking alcohol, no unlawful drugs, no getting a ride home from your buddy, ect. My knowledge only covers AZ., IL., Tenn., and CO., but almost all magistrates are the same.

[yj965]

I had it in mind he was fuckin with me but like you both said, What the fuck can I do about it? Nothin. and they know that. The only thing is a complant to internal affairs. What what good is that going to do, NONE..... After trial that is

As to your question mick I talked to the magistrate like 10 mins after my offical breath test which was a .12, .04 points over.... Im guessing he thought i was piss drunk. (i wasnt but thats beside the fact. In there eyes I was wasted). I was sent to a holding cell and not even checked out by the nurse so he didnt have anything in his mind about my physical health.
I knew about the unsecured bond and about that but, from what I recall the only conditions for my release was for one of my parents to come get me. I know I didnt hear anything about not drinking, or drugs or riding with that buddy. I heard nothing of the sort just "I hope you learned your lesson" and that stuff. in NC the law says that if your still drunk when they bring you in to the pig house and book ya and are done, if you are still drunk anyone aober can come get you. Or wait till your sober and you can walk.

Im 22 years old, why my parents?? Could the magistrate could have been in the wrong?

If a complaint is going to be done I just need to know whats up and its going to be a coupke weeks befor i can see a lawyer. I know I probley cant drive for a year now and I just want to fuck with them some how, even alittle bullshit like a letter to someone higher up, just to make me feel better. I do realize that I was drunk in there eyes but I cant do shit about that.

Thanks for the input Mick and any more questions, shoot. Thanks to you too Death, any input is a good to me and that hit the nail on the head. And Sklander, you right bro. I try not to stir shit up anyway but Ill be sure to be on the look out for trouble and untrue people a lot better.

[Police Officer]

No, your rights didnt get violated. Generally speaking, Judges dont break the law. What you left out is that you didnt have to post bail or bond. Unsecure bond is the same as being released on your own recognizance. You were, however, most probably placed on a protective custody hold. When the State determines that you of yours can no longer provide proper care, they must take custody. If you've made the decision to drive drunk (because the beer made you do it) fall asleep driving, and then flip your car, its not unreasonable to believe that you will be taken into protective custody until you sober up. I am absolutely positive that they explained all of this to you.

I'd say just be happy that you didnt kill a family at 10 PM on Sunday when you had your wreck.

Boy, I know I'm going to get flamed for the rest of this post.

You know what the easy solution to this problem is? Even though you become uncomfortable because you are cold--Dont drive drunk.

40% of all traffic related deaths in the U.S. were caused by drunk drivers in 2005. In other words, 40% of all traffic related deaths were murders by drunk drivers who were either too lazy to call a friend, or too stupid to have the forethought to not order that last beer to save money for a cab.

If you happen to disagree, talk to someone who has had someone killed by a drunk driver. If you dont know any, and would like to speak with one, send me a message.

Reputation Comments on this post:

Good post!

[zera]

Originally Posted by Police Officer

40% of all traffic related deaths in the U.S. were caused by drunk drivers in 2005. In other words, 40% of all traffic related deaths were murders by drunk drivers who were either too lazy to call a friend, or too stupid to have the forethought to not order that last beer to save money for a cab.

That's a commonly cited statistic that I believe has been manipulated. My understanding of the issue is that the MADD and DOT statistics count every accident where anyone had any alcohol in them as alcohol related, including pedestrians and car passengers. The problem with this is that many people automatically assume that "alcohol-related" means drunk driver.

Even if one of the drivers did consume alcohol, if the other driver was at fault (for example running the light) the accident is automatically chalked up as alcohol related. And about half of the fatal accidents occur on rural roads where road conditions can also be to blame. Furthermore these statistics don't even reveal the fact that 2/3 of the fatalities in alcohol related road deaths was the drunk person themself.

Another thing is that number includes drug related as well as alcohol related, my understanding is that a significant number includes people on prescription medicines (sleeping pills) and truckers on pep pills (when really those accidents are probably due to sleep deprivation).

Look I think drunk driving is a bad thing and the people who do it should be punished (though I think the .08 BAC is ridiculously low and should probably be raised to at least .11). But the numbers about how 40% of fatalities are caused by drunk drivers are just deceitful and lead to people accused of DUI as being made out to look like much bigger monsters than they are.

Stats taken from here:
http://www.freerepublic.com/forum/a3b2eb47b28c7.htm

[mick mouse]

The thing is, Police Officer, we aren't talking about judges here, we are talking about magistrates. Whole nuther kettle of fish! Magistrates do not have to know ANY law at all, they do not have to possess ANY legal qualifications whatsoever, they are essentially a law unto themselves. SWIM recently read on MSNBC a very interesting article on magistrates in the new york state area. Quite frightening!

Originally Posted by Police Officer

No, your rights didnt get violated. Generally speaking, Judges dont break the law. What you left out is that you didnt have to post bail or bond. Unsecure bond is the same as being released on your own recognizance. You were, however, most probably placed on a protective custody hold. When the State determines that you of yours can no longer provide proper care, they must take custody. If you've made the decision to drive drunk (because the beer made you do it) fall asleep driving, and then flip your car, its not unreasonable to believe that you will be taken into protective custody until you sober up. I am absolutely positive that they explained all of this to you.

I'd say just be happy that you didnt kill a family at 10 PM on Sunday when you had your wreck.

Boy, I know I'm going to get flamed for the rest of this post.

You know what the easy solution to this problem is? Even though you become uncomfortable because you are cold--Dont drive drunk.

40% of all traffic related deaths in the U.S. were caused by drunk drivers in 2005. In other words, 40% of all traffic related deaths were murders by drunk drivers who were either too lazy to call a friend, or too stupid to have the forethought to not order that last beer to save money for a cab.

If you happen to disagree, talk to someone who has had someone killed by a drunk driver. If you dont know any, and would like to speak with one, send me a message.

[old hippie 56]

Swim knows this a little off topic, but the DWI murderers get less time than do first time marijuana offenders.

[Police Officer]

Originally Posted by old hippie 56

Swim knows this a little off topic, but the DWI murderers get less time than do first time marijuana offenders.

Tell me what state you live in. I would like to research where the penalty for manslaughter is less than possession of marijuana (1st Offense).

What the original poster is neglecting to put in his post is how long he was in jail, what his bond amount was (when he later got out), what he was incarcerated for if he had an unsecured bond on the DWI, what the Trooper and Corrections Officers told him when he asked questions.

Originally Posted by mick mouse

The thing is, Police Officer, we aren't talking about judges here, we are talking about magistrates. Whole nuther kettle of fish! Magistrates do not have to know ANY law at all, they do not have to possess ANY legal qualifications whatsoever, they are essentially a law unto themselves. SWIM recently read on MSNBC a very interesting article on magistrates in the new york state area. Quite frightening!

Mick, MSNBC reports using a pursuasive style of writing. I believe you read what you say you read, but you have been misinformed. He said he was in North Carolina, right?

http://www.aoc.state.nc.us/magistrate/magistrate.htm

In North Carolina, Magistrates are judicial officers of the District Court and have jurisdiction in both criminal and civil cases.

In criminal cases, the pretrial process begins with the magistrate, whose primary function in the judicial system of North Carolina is to provide an independent, unbiased review of charges and complaints by law enforcement officers or citizens. The magistrate determines if, and to what extent, further action is warranted when a police officer or a citizen claims that a crime has been committed.

Magisterial duties include issuing various types of processes such as arrest warrants or summonses, search warrants, subpoenas, and civil warrants. Magistrates conduct bond hearings to set bail and conditions of release in instances in which an individual in charged with a criminal offense. They determine whether or not a person should be charged with driving while impaired and hold the initial 30-day drivers license revocation hearing

[mick mouse]

In Arizona, there is a process called "judicial review". Basically, if SWIY feels that a judge or magistrate violated the law, you can file for judicial review, which bumps the situation up to the next level. An "impartial panel" will review the judges actions and act on their decision accordingly.

[old hippie 56]

In the area swim lives, a man received a one year sentence for vehicular homicide after hitting a car driven by a teenage girl. He was out on bond for his fourth DWI at the time.

[Police Officer]

Originally Posted by old hippie 56

In the area swim lives, a man received a one year sentence for vehicular homicide after hitting a car driven by a teenage girl. He was out on bond for his fourth DWI at the time.

I am assuming that a year is the minimum sentence. Tell me what state you live in and I will be more than happy to research the penalties for manslaughter. I also question that he only received a year because usually DWI conviction #3 is a felony. Minimum sentence for a felony is more jurisdictions is a year. Maybe he was sentenced later on that thought.

Where I live...Involuntary manslaughter has a paragraph that reads "Cause the death of any person while he or she has a blood alcohol content of at least eighteen-hundredths of one percent by weight of alcohol in such person's blood."

Class D felony: "It is a class D felony if the maximum term of imprisonment is less than ten years."

[old hippie 56]

Swim misquoted that was his third offense, and it happen in La.

[Riconoen {UGC}]

I have to agree that DWI offenders deserve whatever prison time they get, if you're that stupid you endanger peoples lives becuase you were too lazy to call a cab or get a freind to drive for you you deserve some hard time in the pokey.

speaking of weed offenders here in the great state of nevada it's an 100 dollar fine for possesion under an ounce and many times they just take it away and give you a warning.