The B.S. Thread
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Any stucco laborer will do either, they still use EFIS every day in commercial applications. Just do whichever is cheaper, for an outdoor kitchen it doesn't really matter unless it will be connected to your house. There are some builders that are still using EFIS. They just built a home on walden rd where you turn to go to the marina from EFIS.....![Party Smiley 004](/forums/images/smilies/party-smiley-004.gif)
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I would think that with business being slow, you could just keep calling guys once you were ready to get it done and somebody will have enough stuff laying around from an old Yob to make you a killer deal.
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T Flood comments in this article...
Two boating while intoxicated arrests under Montgomery County’s No Refusal program resulted in the program’s first BWI trials and convictions earlier this month.
The attorney who represented both men in their separate trials believes the county’s No Refusal program is “overly aggressive” and that the juries disregarded reasonable doubt he established during his clients’ trials. But while the No Refusal approach is “creative,” said the assistant district attorney who implemented it here, it has held up under appellate court scrutiny.
Under the No Refusal program, any person boating or driving suspected of intoxication and who refuses to take a Breathalyzer test is subject to an immediate search warrant for a blood test.
Since the program was implemented, the county’s rate of refusal has dropped from 45 percent to 25 percent, and the number of intoxication manslaughter charges has dropped 75 percent, the Montgomery County District Attorney’s Office has previously reported.
In the first trial, a jury in the County Court-at-Law 1 of Judge Dennis Watson convicted a 41-year-old Cypress man arrested July 4, 2009 on Lake Conroe. During a safety inspection of the man’s boat by Texas Parks and Wildlife Game Warden Dean Fitzpatrick, the man exhibited signs of intoxication, including bloodshot eyes, an odor of alcohol and “unusually poor” balance, a DA’s Office release states. Fitzpatrick also saw an open beer can next to the defendant’s seat.
When the defendant failed field sobriety tests on his boat, he was taken ashore for additional tests, which he also failed. The defendant refused a breath test, so Fitzpatrick obtained a search warrant for a blood-alcohol test.
The test was taken two hours after the defendant was initially stopped, and the results were a 0.21 blood-alcohol concentration, the release states.
In the second trial, a jury in the County Court-at-Law 5 of Judge Keith Stewart convicted a 28-year-old Spring man arrested Sept. 6, 2009 on Lake Conroe for an inspection. Game Warden Alan Biggerstaff saw numerous empty beer cans on the floor of the boat, and also saw the defendant – who claimed to be a firefighter and asked for “professional courtesy,” the release states – show signs of impairment.
Biggerstaff then took the defendant to shore for more testing, but the defendant refused all sobriety tests, the release states. A prosecutor drafted a search warrant and obtained a sample of the defendant’s blood, which was 0.18 almost two hours after the initial stop.
Both men were convicted of Class B misdemeanors, punishable by up to 180 days in jail and a fine up to $2,000.
Houston attorney Tyler Flood – who specializes in driving while intoxicated cases and whose advertising slogan and Web domain is “Do Not Blow” – said there are “a lot of problems” with blood draws.
In one of his client’s cases, “the game warden mailed the blood to the lab 20 miles up the road,” he said. “The (Texas Department of Public Safety) scientist said their standard operating procedure states the blood should be refrigerated, and the game warden said it wasn’t.
“There was no regard for the science.”
Flood also claims that alcohol in the vial containing a blood draw can form from bacteria – a claim he presented during one of his client’s trials – but a forensic toxicologist testified that the existence of alcohol-producing bacteria is impossible because of procedures followed during the No Refusal program, the release states.
“There were a lot of doubts about the reliability of the evidence,” Flood said.
He believes the jurors set aside any reasonable doubt he was able to put into their minds because “sometimes jurors think their job is to help prosecutors or the officers and convict somebody,” Flood said. “You don’t go searching for ways to dismiss doubt. That’s not how the justice system is supposed to work.
“Montgomery County is overly aggressive in this practice. There are real problems with the evidence. We respect laws and we respect the Constitution. People shouldn’t be convicted if there’s reasonable doubt.”
But the judges and juries in both cases disregarded “every single one of his concerns,” said Assistant District Attorney Warren Diepraam who heads the Vehicular Crimes Unit for the DA’s Office and has received national recognition for the No Refusal program.
“Just because we follow the law and use the law creatively doesn’t mean it’s wrong,” Diepraam said. “In fact, (No Refusal) has been found to be proper in every appellate court that’s looked at our procedures.
“I’m confident that people alive today because of the program would disagree with the defense attorney.”
In light of the No Refusal program, Flood is now reconsidering his marketing strategy of telling clients “Do not blow” if arrested dor DWI, he said.
“Now with blood draws, I can see where there might be a concern,” he said. “You don’t want to send out the message that gives out bad advice. The best advice is, don’t operate a boat or car while you’re intoxicated.”
Diepraam is “glad,” he said, to hear that Flood is considering changing his “do not blow” advice.
“That’s one of the goals of the (No Refusal) program,” he said, “to get people to comply with the law.”
Two boating while intoxicated arrests under Montgomery County’s No Refusal program resulted in the program’s first BWI trials and convictions earlier this month.
The attorney who represented both men in their separate trials believes the county’s No Refusal program is “overly aggressive” and that the juries disregarded reasonable doubt he established during his clients’ trials. But while the No Refusal approach is “creative,” said the assistant district attorney who implemented it here, it has held up under appellate court scrutiny.
Under the No Refusal program, any person boating or driving suspected of intoxication and who refuses to take a Breathalyzer test is subject to an immediate search warrant for a blood test.
Since the program was implemented, the county’s rate of refusal has dropped from 45 percent to 25 percent, and the number of intoxication manslaughter charges has dropped 75 percent, the Montgomery County District Attorney’s Office has previously reported.
In the first trial, a jury in the County Court-at-Law 1 of Judge Dennis Watson convicted a 41-year-old Cypress man arrested July 4, 2009 on Lake Conroe. During a safety inspection of the man’s boat by Texas Parks and Wildlife Game Warden Dean Fitzpatrick, the man exhibited signs of intoxication, including bloodshot eyes, an odor of alcohol and “unusually poor” balance, a DA’s Office release states. Fitzpatrick also saw an open beer can next to the defendant’s seat.
When the defendant failed field sobriety tests on his boat, he was taken ashore for additional tests, which he also failed. The defendant refused a breath test, so Fitzpatrick obtained a search warrant for a blood-alcohol test.
The test was taken two hours after the defendant was initially stopped, and the results were a 0.21 blood-alcohol concentration, the release states.
In the second trial, a jury in the County Court-at-Law 5 of Judge Keith Stewart convicted a 28-year-old Spring man arrested Sept. 6, 2009 on Lake Conroe for an inspection. Game Warden Alan Biggerstaff saw numerous empty beer cans on the floor of the boat, and also saw the defendant – who claimed to be a firefighter and asked for “professional courtesy,” the release states – show signs of impairment.
Biggerstaff then took the defendant to shore for more testing, but the defendant refused all sobriety tests, the release states. A prosecutor drafted a search warrant and obtained a sample of the defendant’s blood, which was 0.18 almost two hours after the initial stop.
Both men were convicted of Class B misdemeanors, punishable by up to 180 days in jail and a fine up to $2,000.
Houston attorney Tyler Flood – who specializes in driving while intoxicated cases and whose advertising slogan and Web domain is “Do Not Blow” – said there are “a lot of problems” with blood draws.
In one of his client’s cases, “the game warden mailed the blood to the lab 20 miles up the road,” he said. “The (Texas Department of Public Safety) scientist said their standard operating procedure states the blood should be refrigerated, and the game warden said it wasn’t.
“There was no regard for the science.”
Flood also claims that alcohol in the vial containing a blood draw can form from bacteria – a claim he presented during one of his client’s trials – but a forensic toxicologist testified that the existence of alcohol-producing bacteria is impossible because of procedures followed during the No Refusal program, the release states.
“There were a lot of doubts about the reliability of the evidence,” Flood said.
He believes the jurors set aside any reasonable doubt he was able to put into their minds because “sometimes jurors think their job is to help prosecutors or the officers and convict somebody,” Flood said. “You don’t go searching for ways to dismiss doubt. That’s not how the justice system is supposed to work.
“Montgomery County is overly aggressive in this practice. There are real problems with the evidence. We respect laws and we respect the Constitution. People shouldn’t be convicted if there’s reasonable doubt.”
But the judges and juries in both cases disregarded “every single one of his concerns,” said Assistant District Attorney Warren Diepraam who heads the Vehicular Crimes Unit for the DA’s Office and has received national recognition for the No Refusal program.
“Just because we follow the law and use the law creatively doesn’t mean it’s wrong,” Diepraam said. “In fact, (No Refusal) has been found to be proper in every appellate court that’s looked at our procedures.
“I’m confident that people alive today because of the program would disagree with the defense attorney.”
In light of the No Refusal program, Flood is now reconsidering his marketing strategy of telling clients “Do not blow” if arrested dor DWI, he said.
“Now with blood draws, I can see where there might be a concern,” he said. “You don’t want to send out the message that gives out bad advice. The best advice is, don’t operate a boat or car while you’re intoxicated.”
Diepraam is “glad,” he said, to hear that Flood is considering changing his “do not blow” advice.
“That’s one of the goals of the (No Refusal) program,” he said, “to get people to comply with the law.”
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not a single post in 5 days
here is a few topics i can throw out there
our lake being invaded by fisherman
KFC adding bacon to the KFC bowl...
How did wstultz baby shower go....
anybody intrested in hiring a washup ebay car salesman??
how is Joew's back yard projects comming...
bigandy still dating a minor?? is he still wearing the zz top beard....
spik1 still trying to sell a new old non step boat??
here is a few topics i can throw out there
our lake being invaded by fisherman
KFC adding bacon to the KFC bowl...
How did wstultz baby shower go....
anybody intrested in hiring a washup ebay car salesman??
how is Joew's back yard projects comming...
bigandy still dating a minor?? is he still wearing the zz top beard....
spik1 still trying to sell a new old non step boat??
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No $hit .. I used to get a kick out of watching you guys beat the chit out of each other.... Y'all OK??? I know there's no water up there ... did they cut the internet lines as well??
LOL!
ltr
LOL!
ltr
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Pretty sad but I've been sick for the last three days. Don't eat any lettuce or tomatoes from HEB.
Just got back to work yesterday and was still a little green.
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It has been pretty sad around this joint. Oh well, atleast we all have Key West to look forward too in a couple of weeks. Wait,,,,except wstultz, chadwick, tbonner,andy..... all you guys will be stuck on Lake Sand Dunes while the reast of us party balls!!!![Coolcowboy](/forums/images/smilies/more/coolcowboy.gif)
I will have several drinks for each of you.
Oh, and my back yard projects are coming along nicely
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I will have several drinks for each of you.
Oh, and my back yard projects are coming along nicely
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Did you figure out your stucco ordeal? Are you building a giant back board so we don't have to get out of the pool anymore to chase the ball?
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As cool as that would be, I am actually looking into an outdoor kitchen setup. I am going to play with siome stucco this weekend and see if it something I can handle. That will make a big difference on my time line of the project.