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.

 

[Gale Hawkins]

I don't know about MS, but around here all the agencies have cross-jurisdictional agreements and can issue citations and make arrests across city or county boundries.

Chasing drugs I think as about done away with boundries issues in the US.

It will be interesting when OP posts the police report and then later the final reports of how the case was closed.

 

[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.