Advice for a friend

[Taylortractornut]

Heres the lay out to my friends road. Its private about 2 miles of it between his fields and woods his house is about 1/8 mile from the road. His road goes to the back of another farm in the other county. The road was made so that they could move do alls and flex harrows to other feilds cutting off alot of travel time. Its completely private no county maintenance at all in volved. My friend was in the field with his chore tractor decaking litter and lime piles. He was at the edge of the road across the ditch about 5 feet when the officer pulled up. He stepped off the tractor and stuck his head into the the car when the officer asked him for directions to his neighbors farm. No feild sobriety test was involved He did submit a breathalizer test from a portable unit.

My friend wasnt out of line He told me the dash came caught the most of of it. He said he was shocked when he was asked to place his hands on the hood of the patrol car.

My friends told me that since yesterday the judge sheriff and lawyer got together and have come to an agreement that the deputy involved was also a volunteer officer alone in a sherriff dept vehicle. My friend told them he would settle for and even swap no charges pressed about the tractor as long as his Arrest and Dui was erased from his record. And the volunteer officer removed or suspended till he was trained.

The sheriff was apologetic and quite humble The tow bill was also absorbed by the county.
My friend also stated athat larger private road sign And also possibly a gate. The road was to be left open for the forestry service to access a pine plantaion and for the ASCS feild inspectors drop in visits.


I think it mainly boiled down to an untrained officer over steppin his boundaries. I hope to find out more as tomorrow Im picking the tractor up with a flat bed 2 counties away. My friend says he only lost about 8 hours of his weekend over this. And alot of worry. This biggest mystery is why the volunteer deputy was left alone in a county car to roam and how he couldnt read Private Road No Access. Thanks for all the advice folks.

 

[Taylortractornut]

I hope to have the original report mybe tomorrow or the next day. It was treated as a motor vehicle stop but since it was one private property will more than likely be dissmissed.

 

[Gale Hawkins]

I hope to have the original report mybe tomorrow or the next day. It was treated as a motor vehicle stop but since it was one private property will more than likely be dissmissed.

Let us hope that is the case. I really can not see a judge making a call that could lead to an appeal. This could become a case law study. It is good it is in MS vs. MD,etc.

The next time I bet he will be coughing like crazy and claim to have the flu so the law keeps out of smelling range.

 

[beppington]

Time for a good, not a hack, lawyer.

"Good" "lawyer"

 

[Taylortractornut]

My friend called every one they could think of bothe county judges the supervisors, sheriffs house and several other higher ups. He remained a whole lot cooler than I would have been. Told me he wanted little time as possible lost to court but sor it to be made right. Since we got a new state auditor alot of the under handed things done by the county officials has stopped. In this county we had the number of ride along volunteer and untrained part timers dropped tremendously. Now wevery one is trained or can go sit at the house and watch cops.

I just talked to my cousin thats a comander in a neighboring county and said the only way he could have been charged with a DUI is being on a state or county ROW ot crossing a public road.
I dont condone DUI but I do occasionally like a beverage on the tractor when mowing or plowing a feild

 

[Artimus]

As some have said, there is probably more to the story than the second hand poster actually knows or has been told.

I am not making excuses for what very well may be an idiot trainee deputy who should have never been left alone and or hired. However, unlike the misconceptions posted here, there are certain serious traffic charges which can be made regardless of whether they are committed on private property and DUI is one of them. The private property issue is a non issue in this or any DUI case. Any law officer who says otherwise doesn't know the law.

"Section 63-11-30 of the Mississippi Code Annotated (the DUI statute) states that it is unlawful to operate a vehicle under the influence anywhere “within this state.” This likely means you can be prosecuted for DUI for driving anywhere within the geographic boundaries of the state of Mississippi, including your cow pasture, your driveway, private parking lots, golf cart paths, etc." Many a person has been arrested on private property

Whether you are convicted of course based on the circumstances of each case may be something else.

 

[MarkV]

Taylor I am glad it looks like it will be sorted out. Given that it was on private land it seemed a bit over the edge. If he had been on a county or state road I think some of the other opinions would apply.

I don't think we have "volunteer officers" in my area. Do these people that have arrest powers without having gone through a law enforcement training certification program? That would be troubling!

MarkV

 

[deepNdirt]

Taylor I am glad it looks like it will be sorted out. Given that it was on private land it seemed a bit over the edge. If he had been on a county or state road I think some of the other opinions would apply.

I don't think we have "volunteer officers" in my area. Do these people that have arrest powers without having gone through a law enforcement training certification program? That would be troubling!

MarkV

My thoughts as well ...... although with all the cutbacks lately here in Ga,
in all different branches of the Gov it wouldn't surprise me none if steps were taken to recruit Volunteer officers sometime in the future,:thumbdown:

 

[ayelvington]

My friends told me that since yesterday the judge sheriff and lawyer got together and have come to an agreement that the deputy involved was also a volunteer officer alone in a sherriff dept vehicle. My friend told them he would settle for and even swap no charges pressed about the tractor as long as his Arrest and Dui was erased from his record. And the volunteer officer removed or suspended till he was trained.

The sheriff was apologetic and quite humble The tow bill was also absorbed by the county.

I'm glad that it worked out for your friend, and relieved that the local LE folks were responsible and professional enough to be forthright about everything. It sounds like you live in a good community.

 

[dmccarty]

He stepped off the tractor and stuck his head into the the car when the officer asked him for directions to his neighbors farm. No feild sobriety test was involved He did submit a breathalizer test from a portable unit.

...

My friends told me that since yesterday the judge sheriff and lawyer got together and have come to an agreement that the deputy involved was also a volunteer officer alone in a sherriff dept vehicle. My friend told them he would settle for and even swap no charges pressed about the tractor as long as his Arrest and Dui was erased from his record. And the volunteer officer removed or suspended till he was trained.

The sheriff was apologetic and quite humble The tow bill was also absorbed by the county.

...

I think it mainly boiled down to an untrained officer over steppin his boundaries. I hope to find out more as tomorrow Im picking the tractor up with a flat bed 2 counties away. My friend says he only lost about 8 hours of his weekend over this. And alot of worry. This biggest mystery is why the volunteer deputy was left alone in a county car to roam and how he couldnt read Private Road No Access. Thanks for all the advice folks.

From what others have posted the Private Road is a red herring and is meaningless according to the DUI/DWI laws. It would make very interesting case law. But I know *** I *** don't want to be part of interesting case law.

What is important is:

1. Was your friend drunk per the law?
2. How was it determined he was drunk?
3. Was the officer within his jurisdiction?
4. Did this officer have the power of arrest?
5. Where did the tractor go?
6. Who took it?
7. And why?

In NC a hand held device is not admissible as proof of being over the limit. It can be used to establish PC but not proof. What does MS require? Was the test done per the standards? Was the device calibrated? And when?

Sounds like item 1 is could easily tossed because there might not a strong case for determining if the guy was drunk.

Item 3 and 4. Was the officer really an officer? Did he have the power of arrest? Was he within his jurisdiction?

The first four items are very important. The case gets dropped if the officer can't prove the level of intoxication. If the officer was out of jurisdiction there is no arrest. If the officer did not have the power of arrest what he did was illegal. I would be shocked if MS allows people to pretend they are the law enforcement officers. That would be the start. If this guy did not have the power of arrest, depending on MS law, it could be a kidnapping case.

Item 5, 6, and 7 regarding the tractor. If the tractor was impounded because of the DUI/DWI arrest and it was not taken to a normal impound lot it is starting to lean towards theft. If the tractor was USED. I think the line has crossed into theft charges.

The sheriff is apologetic and humble because your friend has him by the short hairs. It really sounds like the "officer" really stepped over the lines into Law Suit Land and/or criminal charges. At a minimum the story would be very embarrassing if it made the papers.

Later,
Dan

 

[Taylortractornut]

I ll try to answer clarify a few things that let my friend off. The officer was alone when he was supposed to be with a trained officer. He was also not supposed to be driving the county car or make an arrest.

The officer was also out of county jurisdiction by 1/]8th mile. He also wasnt trained to do a Field sobriety test or use a hand held meter.

His reason for being on the property also was weak, The officer said he had seen suspicious activity such as tractors working during the night.

The tractor was picked up by the local towing company that was on the towing rotation witch is fairly usual. The thing is they still cant work out why it wasnt taken to the towing company yard, or the county impound lot. Here we had a round for about a year with the sheriffs deputies and towing companies. When ever they saw a so called abandoine vehicle they would call it in and have it towed right then several cars were taken from driveways and feilds with that one even a surveyor I hired had his truck towed from my place with all his survey equipment inside.



My friend doesnt wish to pursue
any thing against the other deputies involved,only the one that arrest him be cause of his trucking job and farming takes most of his time.

Since I was a witness I cant say what all happened but my friend is pretty well rounded and doesnt get hyped up easily. The last few years we have had alot of things similar to this here in Tishomingo county. My friend is a few counties over, I cant say the name of the county or the departments involved name since it didnt go to court as my friend requested.
To the reply about volunteer deputies They are becomming a problem be cause a few of them are having light kits put on their private vehicles. All they have to do is take a course at the nearest Community college for 300 bucks and buy a uniform. I dont think they can carry a weapon other than a billy club. I have 2 officers in the family one is a DOT and Part time City officer. My first cousin is the Shift commander for the county.
They both have filed complaints about volunteers on some things especially during a traffic stop. My step brother inlaw is a bit chapped that They didnt have to go through the academy and take hours away from The trained officers.

Once again I appreciate the advice and my friend does to.

 

[Scooby074]

Glad this abuse of power worked out for your friend....HOWEVER id be mighty tempted to press charges on the misuse of the friends tractor, especially against the tow company for not properly securing the tractor..

Given what you said about their past towing practices they could use a lesson

 

[Taylortractornut]

I dont know the history of the towing practice there, I was stating about the misuse here. Found out why they picked all the ones up here, the officers that called in the pick ups got a commission from the towing company. It seems to be working out now. My friend was really worried about his job. he could retire from trucking and make it on the farm good but has it in his blood. He also didnt want to be pushed around by the officer. The new sheriff here really helped our county out after some direction, and they really need to do some more refining on the volunteer policy.

 

[Gale Hawkins]

The judge can make like the arrest never happened and it all go away i am sure so your friend can get back to the pre arrest status.

 

[Taylortractornut]

Thats the case Gale I was making a load today and met my friend and his son leaving out in tandem today at lunch time. Said he was gonna lock the access road and just give the ACS man and the Forestry service keys.

 

[Big Bri]

The judge can make like the arrest never happened and it all go away i am sure so your friend can get back to the pre arrest status.

I was arrested for something back in 1990, something i didn't do. took a few weeks to clear things up. but the arrest record stayed. I spent money going to court to have it all removed and have papers to say it never happened. . .but to this day it still pops up from time to time.
I wish your friend luck.

 

[Gale Hawkins]

Thats the case Gale I was making a load today and met my friend and his son leaving out in tandem today at lunch time. Said he was gonna lock the access road and just give the ACS man and the Forestry service keys.

If he does not know about the multi lock chain tell him about it. Use a lock for each one with a short piece of chain between each. They supply the lock and keep the keys. If it is left open you know WHO unlocked it.

 

[Taylortractornut]

Gale Thats what we use on our secondary landfill access points to the landfill. That way the 2 farms that border us dont have to road machinery. I think they are also going with a special gate system with seperate frequncy controlers that will log each remot that was used for a record. He did tell me that he was a little worried about the volunteer officer comming back on his own time to damage something so he moved his anhydrous wagon and applicators back to the barn and set up a camera.