Recent content by JOHN BUCKNER

No.....I do not think people are missing the point...Get behind the wheel and put mine and others family into harms way and you should pay the price. I don't give a **** if it is what you beleive it is to harsh. Anyone that believes that driving impaired is alright is a total idiot...so keep on...

Well reading your post I would say that being our first run in with the law you will be treated fairly. I serious doubt jail time will be in the equasion. Possibly other options such as community service or a deversion program. The issue of being under age would be a seperate issue. but still I...

Things have changed over the years. Now most all States in the country with the exception a a few will find out your status from another State you have came from. It is just a time issue. it may take months or weeks depending on the D.M.V. itself. But, one thing for sure in time Texas will find...

Hey it's good to hear from you Alcohol free. I hope you change your mind and hang around. You have my best of wishes. Take care of Yourself.

Have you talked with the local D.M.V. ?This will of course depend on your complete driving history. The D.M.V will know the answers to the questions you need to know. Then purhaps talk to legal counsel, regardiong your options.

I am not aware of your State's D.M.V. Hearings however, most hearings that I have been a part of, the Hearings Officer would come to a conclusion after the hearing has taken place.. The information or decision made by the hearings Officer would normally come via mail. I would find it hard to...

Well You have for sure driven your point home. While I would certainly agree with you that cell phone usage while driving a motor vehicle is a problem that I see on a daily basis, I do believe you are talking apples and oranges though. I do and have cited people for the careless use of cell...

Well I would tend to agree counsel. However, the gray area is indeed F.S.T.'s of course once they are placing you under arrest then Miaranda applies. Would you too not agree that during F.S.T's that MIranda is not required....And why...Custody. You are not required to conduct F.S.T's. While...

Oh Yeah, Hey Carl we all run around and field train the young rookies to not have a clue as to what the hell Miranda is. I mean why would we need it anyway. case law does not seem to apply. Just ask legal Counsel, he will tell you. He wants to use all this mumbo jumbo to sound like we are...

I was not aware that I had a problem...Do you have a problem? Would you not agree that custody and interrogation are the two elements for Miranda? We now have case Law at least where I come from that indicates Miranda is not required upon F.S.T's It would seem to me that what you indicate...

I can see your concern and your point. Keep in mind that 30 days will go by fast. I know it may be hard to understand and not one of us wants a speach. Having said that I would say that we are all lucky that she or someone was not hurt or killed by the judgement to get behind the wheel and drive...

Carl, a number of us have already told this guy the two elements for Miranda. You are right.. I too had pointed out the Miranda rule...it is clear, Custody and interrogation. How much more confusing can someone make something.I think we know who this Guy is. Did he change his name?/CUSTODY and...

Miranda is not actually required unless Custody and interigation apply. Both have to be part of the arrest.

First I am not real familure with Texas Law regarding DUII's. Second it of course does not matter that he was under the influence of a narcotic or a perscription drug, or alcohol. The law is the same as it applies. If this is indeed the first offence, I would be surprised if he indeed does have...

Well Of course that is good news for you. It is interesting how prosecutors will work in differently. I am somewhat surprised that the D.A. would come to that determination without going through all facts in the case. Including but not limited to the officer's report. If in fact the report and...