Infomercial, just how is it you think your paying for his appeal ?
Tax dollars may enter into prosecuting him, but if he loses, or the court rules against the appeal, he will be charged court cost. The further the appeals go, the higher the court cost.
Now if the prosecution loses, then your tax dollars may be paying.
Could be why the sentence was so soft, in an effort for the prosecution not to lose in a superior court.
Guess what, if you plead guilty, and waive your right to a court appearance, you are charged court cost, without ever seeing the inside of a courtroom in Alabama.
I never said the officer was lying , I said how do we know the accused wasn't drinking after the accident and before the officer arrived. The lab results were questioned in court as to the refrigeration failing where the blood sample was kelp. But the chain of evidence was comprimised when the officer did not see the accused driving or have complete knowledge of the action of the accused to consume alcohol after the accident.
Who has a complete knowledge as to when he consumed the alcohol, or the exact blood alcohol content if any when the neighbor saw the accused driving ?
Now don't tell me the neighbor smelled alcohol on his breath, because pure ethyl alcohol 190 proof is colorless and odorless. You can smell the fermentation odors in alcoholic beverage, but not ethyl alcohol.
In almost every incident of this type, when no officer witnesses the driving, and the accused is not in the vehicle, public intoxication is the charge, Since the accuse was on private property that he had ownership rights to, then Public intoxication was invalid also. Why did the arresting officer call his superior and that superior called his superior, Capt. Beasley ?
Do you really think this is the customary chain of events in a normal DUI arrest ?
If you get pulled over while in control of a motor vehicle on public property and the officer has reason to believe or probable cause to believe your intoxicated, then a breathalyzer test is offered, if you refuse the test and do not offer to pay for a blood test, your drivers licence will be revoked for 90 days, And you can be arrested for driving under the Influence of alcoholic beverages or a control substance, the video of the arrest and booking may be shown in court to convict you along with the testimony of the arresting officer.
Only 22% of auto accidents involve known drugs or alcohol use, leaving 78% to other factors . Cellphone use related accidents are estimated to be in the 28%-30% range,
Have you ever had a auto accident? Were you drunk every time ? Did you abandon the auto in hopes it would become a great bird bath?
I'm getting a sense you don't exchange greeting cards on special days with Chief Logan.
With all the experience Chief Logan has, he knows the chain of evidence won't hold up, he just has to get it in the appeals court. And that is why he retained Tim Case.
Once the court of appeal looks at all the evidence then they will decide if there is legal grounds for a new trial. If the court denies the appeal it reverts back to the most recent verdict and sentence.
The trial he just had was his appeal to a trial by a jury of his peers as guaranteed to all accused. His first trial was before a judge and no jury.
Like I said : " I think this water runs much deeper than the surface indicates".