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Fine points of the law

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Joey Bergamine, 19, who is preparing for a re-trial in Fayetteville, N.C., on a DUI charge stemming from a July 2007 incident, will argue that he should have been advised of his right to have a lawyer present when his father kicked open his bedroom door hours after the incident to help police officers who had come to question him. Joey's father is the police chief of Fayetteville, and Joey's lawyer said entering a locked room, as well as the subsequent interrogation, constituted "police" action and not "parental" action, and since his dad failed to "Mirandize" him, the charge should be dismissed. [Fayetteville Observer, 8-16-08]

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okay, i'll be the first to jump right in the middle of political incorrectness.

the boy's got a point. where is the line between father and police chief?

granted, being the son of the COP, he's probably the town p.i.t.a., but does he have the right to the expectation to be treated as any other perp?

we ARE talking about north carolina, here. big bellied sheriffs still say,"you in a heap o' trouble, boy."

with the fatherly love that is displayed by this man, i would imagine joey's life has been a living hell for 19 years.

i would have asked for a few minutes to talk to my son and let him get his wits about him before being affronted by investigative officers. that would not constitute "special privilege" by the COP.

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Hmmm interestng. So the cops came to his house to question him, I'm assuming he refused to open the locked bedroom door before his father kicked in it, and then nobody read him his rights. Hmm....

I'd do the same to my son although I'd probably make sure I had my a$$ covered and would have read him his rights.

I'd like to know the results of this one.

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The kid dropped the case and has accepted his sentence.

From reading the article, the whole thing wasn't quite as Nazi as is might seem. Still, I think dad could have handled it better.

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If I had a child and they were living in my home, under my roof, and was being questioned for a DUI...You'd better be damn sure that I'd kick in their door if they had locked it.

Because technically, it's my door. Not their door. It's my door to kick open. Hell, I'd take a chainsaw to that thing if I needed to. People are such damn idiots.

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If I had a child and they were living in my home, under my roof, and was being questioned for a DUI...You'd better be damn sure that I'd kick in their door if they had locked it.

Because technically, it's my door. Not their door. It's my door to kick open. Hell, I'd take a chainsaw to that thing if I needed to. People are such damn idiots.

Ouch, Lovebug and chainsaws, kinda scary. ;)

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I would probably handcuff mine for the cops if I found out she was driving and drinking! :D

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If a minor conviction really was a simple matter of fines, probation, possibly even a small bit of time that would be one thing. However, in practice even the smallest conviction is a genuine life sentence. You'll never get a job with insurance and 401k, anything normal, certainly rule out any professional licensing EVER. So, you really don't have much choice but to fight it completely with every fiber of your being. If he had some genuine irregularities in process he should have probably run with it. Almost everyone asserts these issues and it's rarely actually true.

Even a withheld adjudication is a sham with respect to these points, as all employers essentially know what's up with that.

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