Who is this Evangelina and why is she spending a half-hour or more on
this? When she responded to my post, I thought, "well..... maybe she has
an intense hatred for anyone who has driven while intoxicated." But
looking at her posts, and considering she did read a multi-page Court of
Appeal Opinion, and then responded to every post on here, there's
clearly more to the picture. (Actually, I already do know who you are
and why you have posted... if you wonder why, dig a little deeper on my
name on the internet.)
Well, Evangelina "girl", you certainly missed the point as much as the judge did. My case is not an appeal of drunk driving. In fact it is a case involving the DMV which legally has NOTHING AT ALL to do with DUI. Yes, I was .22 and walked into Court three years ago and apologized and pled guilty to DUI. The very reason it was mentioned in that opinion is that it proves I dd not refuse to take a chemical test.
The case before Judge Jones was whether I refused to take a chemical test, which carries a one year hard suspension of a drivers license rather than a one month hard suspension a first time DUI carries. The DMV thought they could get me for a one year suspension, so they dropped the DUI allegation completely. The arresting officer walked in and admitted right on tape that I did not refuse a test. Then the DMV's lawyers tried to withhold producing the transcript. Judge Jones clearly saw this, and knew that I would win if she was confronted with a transcript that showed I did not refuse a chemical test. So she went along with the DMV lawyer in violation of a very clear law.
It really does not matter what YOU think and it
does not even matter to me what Judge Jones thinks. The Court of
Appeal disagrees with you both and is a little more important what it
has to say rather than your layman's opinion in a comment section on the
internet. Like Judge Jones you apparently think that if someone drives
drunk once, every other law can be disregarded. And you are entitled to
let that opinion guide you. Judge Jones is not.