Episode Transcript
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(00:00):
This is handle on the law marginallegal advice where I tell you you have
absolutely no case. This is onein which this woman may have no case.
This is a Texas judge actually aJustice of the Peace, which is
really low level. As a matterof fact, depending on the jurisdiction.
Justice of the pieces or justices ofthe peace don't even have to be lawyers
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to be a judge. You've gotto be a lawyer. You know.
The only position that you don't haveto be a lawyer in the judicial system
Supreme Court, you don't have tobe a lawyer. Other than that,
all judges have to be lawyers,and they have to be lawyers for five
years or ten years, depending onwhether you're going to depending on the level
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of the judgeship, lower court,Appeals court, etc. But anyway,
that's just so I'm digressing a bit. So, Diane Hensley, is this
Texas Justice of the Piece was reprimandedby the Texas Commission on Judicial Misconduct?
And why was she reprimanded because shewould not perform same sex marriages? Just
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said, ain't gonna do it.I'm not gonna do it because of my
religious beliefs. To me, it'smarriage is a man and a woman,
no queers, because that's the kindof person she is. I've always wondered
about that, why people actually care, and you know, it just drives
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me completely inns. I truly don'tunderstand that. I mean, I can
understand abortion. I get that,and that's a legit to me, that's
totally legitimate. You know, I'mon one side, you know, I'm
pro women's rights, pro choice,but that doesn't matter. Those anti abortion
people have a legitimate moral claim underany circumstances. But you know, the
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people next door who are gay,come on. So her religious belief says
no gays. And in the SupremeCourt came down last year and or two
years ago and said, guess what, you can't discriminate. That's the law
of the land. And the TexasCommission on Judicial Misconduct saying you can't discriminate.
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That's the law of the land.So they reprimanded her. Right now,
it's just a reprimand she's still allowedto do marriages. She's still allowed
to sit on the bench as Justiceof the peace. And they just reprimand
her. Now they can suspend herpending her appeal. What appeal. Her
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appeal is to the state Supreme Courtbased on religious freedom, and where are
they going to go. Well,the state Supreme Court can ignore the US
Supreme Court, which it probably isn'tgoing to do, and tell her,
Hey, you've got to perform gaymarriages, and if you don't want to,
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that's fine. Just leave the position, that's all. Then don't be
a justice of the peace if youdon't want to follow the law. It's
like the big issue a few yearsago in which pharmacists, some pharmacists would
not distribute not even birth control,but the morning after pill, the abortion
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pill, which in the States whereas legal because it was against their belief,
and they went to the courts andthe court said, okay, if
it's against your belief and there isanother pharmacist on the premises that will do
it and you won't, that's fine. If you are the only pharmacist and
you won't prescribe or you won't allowsomeone to have a legal prescription because of
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your religious belief, hey, we'reokay with that. Don't be a pharmacist.
Go ahead and start work as aplumber and tell people I refuse to
do plumbing for you if you're gayor whatever the hell you want, but
you're not gonna be a pharmacist.And in this case, I believe that
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the Texas Commission on Judicial Misconduct isgonna say exactly that to her, because
I think she is going to losebecause that's the law. You may not
like it, but that's the law. So just get out and we'll see
how strong her religious belief is.No, she truly believes that she cannot
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perform marriages between gay people even thoughshe has to legally, then just quit,
all right. I mean I understandthat I would even admire that saying,
ah, then I won't do Iwon't be what, I won't be
a justice? All right? Yeah, well that's a big mazel tov.
All right, let's go ahead andtake some phone calls here, Charles.
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Oh no, no, no,that I already never mind. Charles is
gonna put you on hold because Ihave to go back to Bolivia. Uh
okay, now let's go all right, Olivia. Let's start with you,
old Bell. Thank you. Iuh so, I live on the mountain
of Dove, San Bernardino, andwe got in this massive snowstorm back in
February, so about six weeks unbelievable. I remember remember the sensitivity is that
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the insurance companies up there on themountain are treating people horribly. Yeah,
how unusual, but it's really extreme. So that's one complexity. I got
injured during the storm. A womanrear ended me. That's it. It
was fun enough by itself, butI'd also just come out of another accident
at Christmas. So I'm trying todecide. I've tried to negotiate with state
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farms. They're not really ending upanything. Yeah, let me ask,
let me were you were you injured? Yeah? I was injured. Uh
in the accident. It's the caraccident during the storm. Okay, the
second storm. Okay, so wereyou you were you You weren't injured in
the first accident, correct? No, I was. The first accident was
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a Christmas that had nothing to do. Okay, So you were injured and
both you were injured in both accidents. Okay, understood. And then my
next question is how badly were youinjured? Uh? The first time that
Christmas? Pretty bad. I broughtmy wrists and kind of right. Second
time second time in her hair rearended me and I whip lasted my neck
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and messed up my right Uh.Send it in my right leg and so
WHOA, Okay, So those arepretty serious injuries. And you started to
negotiate yourself with the insurance companies.No, they were calling me to ask
questions. It was between farmers andstate farms. Yeah, well that's that's
not it's not your issue, Diane, Olivia, what did you say?
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So the complexity is I was askinghim, because I've been a hard hit,
not able to work, if theywould help me, you know,
pay for gas. Of the doctorswas having to drive along. Olivia.
Of course, refuse. Olivia.You are so out of your league with
this stuff that it is. It'slike I wish I had a medical program
and you were to call me andsay, Bill, I'm considering doing my
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own brain surgery. What are yourthoughts? Can I use a kitchen pairing
knife or should I use a likea bread knife? What do you think?
Bill? That's how crazy this is, Olivia. You've got two accidents,
You've got defenses act of God becauseof the snowstorm, which, by
the way, you can't argue thatin California, because the basic speed limit
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in California is whatever is safe becauseit says thirty five miles per hour.
And your drive. You defend yourselfsaying I was only doing thirty four.
No, if it is so dangerousthat you should only be doing twenty,
that's the law. So you've gotthe basic speed limit law, and you've
got two accidents in which they're goingto point fingers at each other, in
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which you have an accident, andthen the second accident exacerbates the first accident.
Mike, God, you need alawyer for that, Olivia. The
second storm, I actually got offthe mountain because I was trapped. It
doesn't matter, Olivia, doesn't Itdoesn't matter. None of that matters.
The only thing that matters when theinsurance company calls you, you go talk
to my lawyer. That's the onlything you should ever say to the insurance
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companies under these circumstances. So Idid try to reach a lawyer way back
six months ago, and his answerwas, well, you need to wait
for a while and see how muchdamage is done. Yeah, okay,
go to all right, go tohandle on the law dot com. Okay,
go to handle on the law dotcom. Talk to one of our
personal injury lawyers. They're very goodand they know what they're doing, and
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you don't just sit and wait forthe outcome to see how bad your damages
are. They start working with doctorsimmediately, they start getting prognosis, they
start treatments, and you need alawyer who's You need a doctor who specializes
or does work with impersonal Indian personalinjury world. Because I gear to you,
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if it's a big enough case,they're gonna send you Surge company is
going to send you to their doctorwho's going to go the other way.
Eh, you know what, shereally doesn't need her arm. Uh you
know it's no big deal that youknow, what's a tendon here or there?
I mean it's they're going the otherway. So you need a doctor
that goes to your benefit. Goto handle on the law dot com.
Please please, This is when uhokay, let me ask us. Well,
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okay, so the tricky part,Bill is that because I and everybody
in the Mountain are walking a fineline with our interest companies, they're canceling
us for no reason. They canthey can do that. They are allowed
to cancel you or not or they'reallowed to uh not what it when it
when it lapses. They don't haveto reinstate. They don't my home insurance,
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my home insurance is gone and Ican't find an insurance company. I
just got one bid. They don'thave to read, they don't have to
pick it up again. I'm lookingand just having to sell my house because
of this. It doesn't matter,it doesn't I don't care. I'm looking
to sell my I'm looking to moveto Italy. I'm looking to go to
the North Pole. I'm looking.It doesn't matter. Nobody cares, Olivia.
What you have substantial injuries with asubstantial substantial car accidents, two of
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them each dealing with you, andyou've been injured, and there's all kinds
of liability issues, and all itdoes if you walk down the hill and
you have to because the car doesn'twork, that just makes the case better
for the PI lawyer. Go tohandle on the law dot com. Honest
to god, Now, this iswhy I started handling the law dot com
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because people would come up with thisstuff. G Bill, how much should
I negotiate for your head? Almostcame off, Charles, you been waiting
for a while. Welcome to theshow. Hi. Yeah, I had
a problem with my employer. Itook a new job and they screwed up
my paychecks. There's two weeks inthe pay period. I worked there for
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two weeks and there's a week allowedfor bookkeeping. Then at the end of
the year, end of the bookkeepingperiod, on payday, they didn't even
seem to know. But I wassupposed to get a paycheck. They went
until quitting times off to him issueme the paycheck. They couldn't figure out
who I was, what my namewas, how to spell it, how
many hours I worked. I hadto wait half an hour after quitting time
to get the check. Then anothertwo weeks passed. This time they did
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have a check ready for me,but it was only for one week's pay
when there's two weeks in the payperiod. They didn't seem to know that
there were two weeks in the payperiod. Then when I said I needed
the paycheck now, then one ofthe other workers there started yelling at me,
and the employer didn't do anything tostop him. And then when I
defended myself, I was fired fordefending myself. Now, I called a
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lawyer and I asked, you doI have a wrongful termination the hostile work
environment suit? And he said yes, But because the company is so small
that they're not worth suing. Isthere a way and get a lawyer to
take to take the case. No, no, what are you gonna sue
for? Let me ask you this, are you gonna sue you want to
be reinstated, you still want towork for the company, And ask the
court do you order a reinstatement.I don't know that I would particularly.
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Okay, how about that? Allright? And then the other question is
money. Okay, then you're suingfor money. How much money is it
worth to sit there at number onehalf an hour, to be miserable for
two weeks? How much money doyou think that's worth? Well, That's
what I'm asking you. Okay,how about Charles, I get the emotional
Are you seeing a shrink because ofthis? Charles? Are you not a
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psychologist? Because that's only that's theonly way you can ever establish emotional distress
is you've got to prove you're emotionallyjust that you're under emotional distress, because
anybody can say it. Charles offthis phone conversation and say, well,
but let me tell you about wrongfultermination in the state of California, and
that is you can be terminated forany reason or no reason. Now,
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is there retulatory? Is there wrongfultermination. Yes, but this is one
of those cases that no lawyer isgoing to take Charles, because there is
no money. You know what,you would to the wrong company for a
few weeks and you got screwed,you got your pay. They made you
feel miserable. So okay, I'mleaving. I've worked for companies that treated
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me like crap and I just walkedout the door. I understand. But
it's a good job, but it'sa miserable company, Charles. I'm not
arguing that, Okay, I'm not. I am not questioning that it was
a good job, but there's nothingI could do with it. I filed
a complaint with the labor board.I haven't they care. They're not gonna
do anything tell me about it.Yeah, no, I know, because
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there's nothing here because there, youknow, let's say, let's say there
is a labor board. Hang ona minute, let's say there is a
labor board complaint, and uh,they come up with the reason we fired
Charles is because he was acting outat that meeting and he was obnoxious,
and that's why we fired him.That's a legitimate firing, Charles. Well,
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they were obnoxious to me. Itdoesn't matter. They're allowed to be
obnoxious to you. That's hostile workenvironment. Yes, it is for for
half an hour two weeks. Didthey harass you during during your job?
They harassed you then or just whenyou're trying to get your paycheck? Yeah,
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yeah, there's nothing there. Iknow you just so pisses you off
of damn. And by the way, they were a bunch of jerks.
But guess what, people are jerks. You know it just you know,
life happens, and that's one ofthe things about this show. People are
wronged, and he was wronged.But I want to I want to take
it to court. I want themto suffer grievously. I want them to
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offer my job back so I cansay no, okay, oh all right,
Maureene, you've been there for awhile. Hello, Mareen Moraine.
You're there, yes, ma'am,Yeah, yeah, hi Bill. My
mom and stepdad purchased their house inninety seven, and I don't know if
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they took title joint ten and ortenants in common. Anyway, she died
in March of six and he saidthere was no will, but we both,
my sister and I both saw thewill, and so did my cousin,
and the intention of my mom wasthat we would get the house after
he died. And anyway, infive of six he took her off title.
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So two months after she could shetake how could she? Who took
her off titles? After he died? After she died, he took her
off title. I don't know hejust did How did he do that?
I'm just curious. How did hetake her off title? I don't have
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any idea. Okay, Well,first of all, you have to find
out. First of all, youhave to find out if it was joint
tenant. That's critical. You canpull the you just pull out right from
the internet, find out the tendency. That's just part of the record county
records. And then you he pulledher after your mom died, he pulls
her off title. Problem is ifshe is if she was on title,
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you have to go through a wholeprobate before anybody has the authority to pull
her off title. No one hasthat authority. So the only way that
could have been done that I canthink of is someone forged your name and
had a notary public saying yes,that was the person who signed yes,
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which is really a great trick.When someone's dead. I mean, getting
someone to sign after they die isno small thing, I must tell you.
Yeah. So then he remarried andhe put the house in of trust
in February of two thousand and nine. Now he's dying and we want to
know what we can do, well, hold on it. Okay, So
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he did? He remove what thehouse was originally in his and your mom's
name. He takes your mom's nameoff, He remarries, put the house
into trust, and I'm assuming leavesit all to his a new wife,
right, the wife, right?Okay? How much wich money we're talking
about? What's the house worth?Three three and fifty? Is there a
mortgage? Three? Is there amortgage? Three thousand? Okay? So
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there's no mortgage? Yeah? Yeah, you got to get a trust in
a state lawyer. Yeah, becausethis is way too complicated. You don't
want to do this yourself. Andlet me tell you. If I was
in your position, and I'm anattorney, a bad one, to be
sure, but I am an attorney, I would go. I would go
to a trust and a state lawyerright now and start arguing there's enough money
there to deal with it. Absolutely. Yeah's see some of the stuff gets
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really complex. Some is really simple, easy pasy, but not those Fred,
Hello, Fred, Hi, Howdo I avoid testifying for an alibi
witness? Basically? Fifteen years ago, I was hiking in a in a
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federal park, reached a summit overlook, took pictures, and a couple of
years ago I found out that they'retrying to find me to testify that the
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picture that I took of a personwas there and not committing a crime.
The person right now is in prison. Well, hang on a minute,
Okay, in prison for what wasthe crime that he was charging? Convince
a felony of some type. Okay, And you took a photo and he's
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sort of in the background somewhere.He took a photo of him, and
that will prove that he is innocent, or at least that's what the lawyer
said. Yeah, that correct.Why would you not do that? I
have a question, why would youtry to avoid that? Because releasing him
from prison if he gets out,commits another crime and it's worse than the
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of the creme that it was alreadyin. What if he's innocent? He
Yeah, seriously, what I mean? Did you are you aware of the
crime, were you there no,I was not. All right, So
here and I'm gonna tell you legallyin a moment what's going on. But
I'm just having a moral discussion withyou. You would rather see an innocent
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person stay in prison then someone getsout who might commit another crime. Do
I have that right? Yes?Wow? Well okay, all right,
So let me bottom line it.You're gonna be subpoened and you have to
show up in court and you're uhand the only thing you're going to say
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is yes, I took this picture. That's it. That's the entire basis
of your testimony. And why wouldn'tyou say, yeah, I took that
picture. Now you can lie ifyou want them to stay in prison and
say no I didn't take the picture. And I hope you get nailed for
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perjury if you do that. ButI got to tell you something, Fred,
that's pretty despicable. You know,I haven't had a call that law
that many calls where you know,people are just downright despicable. I mean,
I get calls where people are idiots. I like those moronic phone calls,
but that one, who you know, I've never heard of someone that
I've never heard that I have neverheard anybody saying that, Yeah, I
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have no problem with letting someone stayin prison it was innocent. Don't know
if it was or not, butif that were to help you know,
there was a oh yeah, therewas a crime that was that a guy
was convicted or being charged of likea murder, and he insisted that he
was not at the crime scene.And they had witnesses. They had all
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of the evidence where they just hadwitnesses said yeah he was there. Yet
he was there. Now they findout when they were filming, remember Curb
your Enthusiasm, Larry David. Sothey were filming at Dodger Stadium and in
the background there he is proof positivethat he was not at the scene during
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that time. Now can you imaginethe production company of Kurbu and Sam tried
to get that out and say,oh no, no, we don't want
to help produce, we don't wantto help this out. Yeah, Hello,
Dale, welcome to handle on thelaw. Dale. Hello. Yes,
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yeah, I had a slip andfall injury in which I hired an
attorney for handling it. They tookon the case subpoena or got all my
medical records, supply a demand letterto the responsible party and then I received
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a letter from the attorney red shirtmail that they're withdrawing it from my case.
Okay, And I guess my questionis is that that considered abandonment No
actively often now it's considered withdrawing fromthe case. So the attorney can do
that yet and gobble up all thestatute time, and well, it depends,
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It really depends. Gobbling up allthe statue time is one thing they're
negotiating. When did this accident happen? How many months ago? And how
long has the attorney been representing you. They were representing me for about a
year, okay, and it happenedin February of twenty two. Okay,
so ye will be yeah, okay, so statue. I don't know if
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they filed the lawsuit yet, Butlet me ask you a question. Do
you think that another attorney handling itfrom the beginning would not have taken this
long? Because that happens all thetime. I don't have a clue.
Yeah, and I don't know.I don't know because these cases depending on
how serious the cases are and howmuch injury you are involved in. So
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let me ask you that how badwere you banged up? Well? I
got a what they call a massiverotator cuff. Oh okay, and she
had sent a letter to the agencythat was handling this asking for a million
five and that was I think way. Yeah. Yeah, they always asked
for that. They asked for themoon. They always ask for the moon.
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Okay, here's what I think hashappened. Here's what's happening. There
are lawyers that pick up cases whenthe cases get serious and they know they're
going to be fighting, and theyknow it's going to go to trial because
the insurance companies are just willing tojust put their foot down, and then
they sort of bail saying I don'thave the skill set or I don't want
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to work that hard or whatever itis. The answer to your question is
yes, the attorney can bail out. And the second answer is get another
attorney, and I mean right now, and there'll be no problem and they'll
fire your previo, your current attorneyto say, hey, substitution of attorney,
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I'm now the new attorney. That'snot your problem. Your problem is
just getting a good new attorney.I'm gonna suggest you go to handle on
the law dot com because those lawyersdo personal injury, all right, well,
okay, give them out a try, and I think you're gonna be
okay. Uh. And that's theonly that's the only thing I can think
of is lawyers that do really lowend personal injury that just just don't have
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the skill set to do complex personalinjury when you're talking about major surgery,
I mean, you know, hegot banged up, or there's issues of
liability where the lawyer really has towork, or just lazy lawyers, no
schlocky lawyers. You know, lawyersI went to law school with ended up
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their entire careers simply taking small noinjury whiplash cases, writing the letters and
insurance companies getting small amounts of money, and that's what they did, Just
like there are lawyers that file underthe ADA Americans with Disability Act because the
ramp on the wheelchair ramp goes uphalf a degree too high, and they
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file and this is what they do, and they don't go to trial,
and they just collect the money andthey're pretty sleazy, by the way.
That's a whole way of dealing withthe law. And then there are lawyers.
You know, one of the lawyersI was talking to on the website
who talked about a case, andit was an extraordinarily complex case in which
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she ended up getting I think eightmillion dollars. But man was it was
a case. Took a couple ofyears to develop it. There were a
lot some experts involved. I meanthat's the difference. Jack, Yes,
sir, I just have one questionhere, and this is the first time
I've ever called a radio show inmy life. But I have an issue.
(26:14):
One is based on kind of ado UI issue. I had one
on basically kind of a family trip. And what it is is I have
planks rises pretty bad and I takecertain things for mus risis, one being
uh, it starts with the sea. It's hard to say colebe isol And
(26:34):
this is a skin This is askin disorder, right, yes, sir.
And this is from my scalp andmy beard as it is, I
get that pretty bad. And whatit is is I knew with that whenever
I had left, I had toldthem that I had Basically I was heading
home, had about three hour driveback, so whenever this happened, the
(26:56):
conditions were kind of rough. WhenI was coming back, skidded and hit
somebody in the in the basically theback pasture side. Everything claim wise is
done. When it comes to whoI hit. This has been back in
June. The one thing that Iwanted to ask you is, well,
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there's two if this would affect anythingin court because talking to my lawyer,
he is about a probably hour andforty five minute drive from where I'm at.
From where it happened is about threehours. But he was telling me
that with what I have going on, and with with some of the stuff
that I have medication wise, thatI could plead it to superior court.
(27:41):
I've never heard of that. FortWhere are you? First of all,
what are you being charged with?I'm getting charged with dw I and because
driving under the influence? Uh?And were you driving under the insertance?
Had I had drank? Basically Ihad drink like uh, twisted tea right
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around maybe two hours before. Wow, okay, so I gotta drink two
hours before? Did they do abreathalyzer? I did? I refuse that
the stain, But I mean withthe TRUP being total to me and three
hours away, Okay, so yourefuse? Why did you refuse a breathalyzer?
Because I had tried to tell themI did the the walking test and
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everything else, and even the reportI had did the non steps forward,
non steps back. But all right, so you passed so okay, so
you you passed, uh the thatsobriety test? Correct, yes, sir,
okay, and it's not and it'snoted that and it's noted that you
have passed the sobriety test. Theonly one that I didn't pass was basically
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frame by. I don't care whoyou are, even after Rick, if
you have your feeips or one footsix foot up, you know you might
womp a little bit. That's okay, got it, all right? So
all the indications are that you yourefuse the breathalyzer, but you passed it
the other test, okay. Andyou've been charged with a d w Y
uh driving under the influence okay.Uh they charging it as a misdemeanor,
(29:07):
Yes of course, yes sir,yeah, yes, it is all right.
And so uh your lawyer saying theycould kick it up as a felony.
Uh, Well, what it isis with the rig there was a
woman and they're trying because supposedly thewitnesses said that he'll never stop him directly.
Okay, but the trust, Yeah, you can't. You can't connect
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that to drunk driving. You've gotto be drunk or a peer drunk,
and you're I think you're gonna befine on the drunk driving charge. Uh
well, the air bang deploid atthe air bang apolloy, And he basically
told me I smell like alcohol,and there was like, okay, well
that is okay, you smell likealcohol. And then if I'm going to
put it together, you smell likealcohol because you take this medication which smells
(29:53):
like alcohol. Correct, yeah,yes, okay, So here are your
defenses. I mean, you've gota good defen here. Jack number one
could pass a sobriety test number two. You were an idiot not to take
the breathalyzer, or you were smart, but uh, there's all kinds of
things inferred when you don't take whenyou refuse address uh, a breathalyzer,
for example, some Department of MotorVehicles, you're done. You refuse a
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breathalyzer, you're finished with your driver'slicense for ninety days. Or well,
I'm well, I blew, Iblew, and I blew at the corehouse
like I said, everybody had basicallywent to that point. What do you
mean you blew in? So youdid? So? Did you did take
me. I thought you said yourefuse a breathalyzer. You took the breathalyzer
at the courthouse. I took itat the corehouse. Okay, how much
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did you how much did you blow? How much? What was your blood
alcohol level with the breathalyzer at thecourthouse? It was right at one point
four one point point zero eight isthe main point. Point point point one
four is what I meant one pointthe way to say that point one four
is still twice the legal limit.Point oh eight is uh the uh uh
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point is legally drunk. I gottatell you, Uh, they have you
for drunk driving if you blew atthe courthouse later on and you blew that
much, Jack, you were drunklegally uh, and you are at fault
uh in terms of an injury accident. If there is an injury accident,
I don't know if the other sidewas injured. And uh, that makes
(31:27):
you a surprise they didn't charge itas a felony. That was weird?
Am I right on the point eight? I think I am, yeah,
because I always get confused. Pointoh eight so point one four, Yeah,
it's just basically twice illegal limit.And the courthouse was an hour and
a half away. Who okay,And his defense is going to be this,
(31:48):
uh the psoriasis, uh cream thatI have that smells like alcohol,
and I passed the sobriety test.Well, I got news for you.
I don't drink, by the way, I just want to point that out.
I am not a drinker at all. And if they put up if
I were to walk the line,I would just I would just fall over.
(32:08):
I have no balance whatsoever, andI would tell the cop I have
no balance none. So I'll tellyou right now, I'm not drinking.
I'll take a breathalyzer. I'm fine. I am not walking that line because
I will fall over in two seconds. But that's just me. This is
handle on the law.