Meet 20 y/o Gilbert Phelps of Iowa City. That’s his mug shot below….
At about 2:00 am on Thursday, August 6th, Gil was stopped by Iowa City Police Officer Ben Hektoen. Per the police report (pictured below) Gil’s 2000 Toyota Camry was stopped for speeding and having an obstructed registration sticker.
After smelling “an odor of ingested alcohol coming from the cabin area of the vehicle” a DUI investigation commenced. Gil blew .000 but was arrested for DUI anyhow, the evidence against him consisting of: A) His reported admission of having smoking marijuana before driving; B) His failure on FST’s (field sobriety tests); C) His having been pronounced legally impaired by a “Certified Drug Recognition Expert”; and D) His juvenile, inappropriate and, worse yet, admissible into evidence request “during the testing process… to take a SnapChat selfie with me…”, which Officer Hektoen “happily obliged”.
Per the report: “During the testing process the defendant requested to take a SnapChat selfie with me to which I happily obliged [note the “thumbs up” from Officer Hektoen in the background… he knows that he’s about to become a police officer legend thanks to that impaired kid]. He said he captioned the photo using emoji icons showing a police car, nest to a passenger car, next to a tow truck”.
Memo to Gil: Most of us have done some dumb things during impaired moments so it’s hard (but not impossible) to fault you. I am just glad that when I was in your position (young, intoxicated and giddy) there was no such thing as social media or the internet to a) document and preserve my foolishness in perpetuity and b) become an exhibit which is entered into evidence against me in a subsequent legal proceeding. Cute scale: “A”. Smart scale: “F”. Normally I use the MEME below for booze, but I think that in your case it applies equally to the ‘ole loco weed…
Memo to the Folks: Anything that you SnapChat can and will be used against you in a court of law. I cannot emphasize enough how important it is to understand the inter-relationship between social media and the law. Please, pretty please, read my Blogpost on Social Media and the Criminal Justice System a/k/a “Haber’s Rules of Social Media #1-5” (which you can view here). You can also watch my Webisode on the subject below.
When it comes to the subject of “Cops, Courts and Constitutions” you should always have a skilled and experienced criminal defense attorney who is focused on serving your interests. While we can’t stop the cops from arresting you, as your legal counsel Michael A. Haber, PA will ensure that your rights are respected from the moment that representation begins and that any abuses which may have occurred beforehand are remedied.
At Michael A. Haber, P.A. “Its all about reasonable doubt”!
Michael A. Haber, Esq. is prepared to speak with you about your case!
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THIS BLOG POST (AS ARE ALL OF HABERPA BLOG POSTS) IS A PUBLIC SERVICE ANNOUNCEMENT WHICH IS PRIMARILY DESIGNED, BY WAY OF REAL WORLD EXAMPLE, TO ASSIST THE GENERAL PUBLIC IN AVOIDING CONDUCT WHICH COULD FORESEEABLY RESULT IN ARREST AND PROSECUTION!
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