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Ofc. 612.240.8005
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maury@beaulier.com
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DWI, OWI, DUI, Drunk Driving, Boating while intoxicated (BWI), snowmobiling while intoxicated, theft, fraud, homicide, assault, hit and run, driving after suspension (DAS), drug charges, driving after revocation (DAR), driving after cancellation (DAC)
On this page you may discuss your Wisconsin or Minnesota criminal case with others or ask a legal question. Please remember to identify the state of the violation in your question and the charging statute number if known. For a consultation call or for emergency assistance call 612.240.8005.
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Subject Obstructing Legal Process, Assaulted
Date Wed Apr 9 2008 23:10
Author Anonymous
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Hello Maury Last night I was called by a friend who was being stopped by a state trooper for driving with one headlight. He was heavily intoxicated. My friend asked me what he should do...I told him to 1) pop a breath mint, 2) spray his truck down with air freshener or whatever was available 3) do not admit to drinking 4) refuse all forms of field sobriety tests and do not say or do anything until you have legal counsel present. I am a third year law student with quite a bit of DWI experience as I was able to have my own DWI dismissed last year and won an implied consent hearing pro se (brag brag brag) anyway, he asked me to function as his legal counsel. He told the officer he would not say or do anything without legal counsel. I showed up about 10 minutes later. The officer explained that my friend "may be intoxicated" but he couldn't prove it, and that he was going to arrest him for suspicion of DWI. I told the SP he had no proof, which he admitted. After an extensive legal argument,he became angry and then forcibly removed my friend from his vehicle and demanded he perform the requested tests, including an ill-fated attempt at shoving the PBT in his mouth. I told my friend to refuse all of the tests and to shut up. He did. The officer then made my friend's buddy drive his vehicle and let him off with a lot of bitching. The officer then grabbed be by the shoulders, shook me and slammed me against my own vehicle, saying that I posed a threat to him and his investigation. I spent last night in jail for obstructing the peace process. This is all on the trooper's squad cam. My question is simply this... The charges will be dismissed, no doubt...however, what kind of legal implications may this have that I am not aware of? I was functioning as legal counsel. My friend was almost deprived of his right to legal counsel, and I was assaulted and arrested for providing it to him. What are your thoughts? |
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