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4th and 5

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Posts posted by 4th and 5

  1. 9 minutes ago, Handcruser said:

    I don’t think you need a trust - they’re expensive and I don’t think you need that.

    FYI -we just went through this.

    POA for mom now would be nice. When dad dies, put her on a home, sell the house, put money in her acct to pay the bills, split it when she dies.

    If nothing is contested should be easy.

    and to add, she has to be competent to sign the POAs, there are general, financial, for health care, etc. You need to be having these convos with the attorney.

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  2. The TOD deed is generally a good idea. But will she be competent sign a contract to sell the house if he dies first?

    If the only asset is a house I guess a trust is OK but I am not a fan of it otherwise, because you don't get a step up in basis the same way.

    For instance, valuable land in wife's family. Set up a trust. Upon death of H, trust became irrevocable. H's half share basis set at X. W dies later after significant appreciation of land, W's basis set at Y.

    Better without a trust. H dies. W takes the step up. W dies, heirs take the step up of the whole, established at W's death. Not half at H's death and half at W's death.

    Plus the trust accounting. Pain in the ass.

    TOD your properties. Set your beneficiaries for your bank accounts at TOD is easy to do and change. Set your beneficiaries for your investment accounts, easy to do online and change. Leave a will for the personal effects.

  3. On 12/2/2025 at 8:23 AM, TwiceHorn said:

    How do you win an ALR?  Curiosity.

    Fun fact.  I had an argument at the Texas Supreme Court some years back.  The case in front of me raised the issue whether the ALR/whole revocation scheme violated due process.  Sub issues were whether a DL was a sufficient right to merit due process protection and whether the appeal provided for in the statute properly led to the Supreme Court.

    The guy arguing it was a super-laid-back criminal defense lawyer that was pretty casual about the whole thing, but also pretty effective.

    Cop no shows. Denied continuances. Insufficient exhibits. Incorrect pleadings. Bad stops. Poor investigations. Insufficient evidence. Tons of different ways.

    Fun fact. I have argued in the Texas Supreme Court about an ALR. Won at the CCL, won at the COA, then the TXSCT completely disregarded the law and fucked us. Still pissed about it, so thanks for bring it up.

  4. On 11/25/2025 at 8:34 PM, markstanco said:

     

    Friend got pulled over for 85 in a 75 last Thursday evening. However, his GPS enabled camera (per him) showed him going 72.

     

    He thought he was fine and blew, lost. .10. He is hiring a lawyer, but I am personally curious, can his camera/gps be used to show that it wasn’t a legal stop? Bad equipment, bad cop, etc? It was on a I-30 so divided and he flipped around and lit him up immediately, no following and watching him swerve or whatnot.

     

    He could file a motion to suppress alleging there was no reasonable suspicion for the stop. Keep in mind though the officer has to be objectively reasonable in making the stop, not necessarily correct. For example if the cop made the stop for running a red light, and there was a red light camera or other video that showed the driver entered the intersection a .05 of a second before the light turned red, the stop may still be objectively reasonable, even if technically incorrect. Still if there is evidence that he was not speeding, he should contest it regardless, a judge might find that stop chickenshit and the standard of review on the state’s interlocutory appeal of the judge granting a motion to suppress would be abuse of discretion, tough to get reversed.

    On 11/26/2025 at 12:18 PM, TwiceHorn said:

    Don't blow because Intoxilyzers are notoriously inaccurate.  Maybe not even if you've drunk nothing.

    But, you will have your license suspended with pretty much no recourse except an occupational license for 180 days.

    If you really are sober, demand a blood test.  They can't suspend if you take one.  And if you're borderline and feel froggy, they might delay enough that your BAC drops.  Assuming it doesn't go up (that happens depending on the length from your last drink).

    You MIGHT get a drivers license for refusing (180) or failing (90), but you have a right to an administrative license revocation hearing. I win them all the time. So you can be suspended for failing a blood test with a BAC of 0.08 or more (but not drugs). While the Transportation code allows you to demand a blood test there is no remedy for not accommodating the request. Additionally, it is the cop who can request breath or blood or both, it is their call on the type of sample(s) not the defendant.

     

    On 11/26/2025 at 1:13 PM, Nice Guy Eddie said:

    I've never understood why people fall for the line that your license will be suspended if you refuse to blow. So what. As you said, look to get an exemption for work travel. Use Uber or friends/family for the rest. And honesty, you can probably still drive in many situations and never get caught. But it's a risk.

    I have heard lawyers warn that blood tests can identify other substances in your blood including legal prescription drugs that could impair your driving. Not too mention less than legal substances. It's a consideration for some when requesting a blood test.

    It’s called an occupational drivers license. 

    On 11/26/2025 at 4:09 PM, TwiceHorn said:

    They're not "falling for the line."  It's a fact that it will be suspended for six months on refusal, even if you are acquitted on the DUI.

    It is relatively simple to obtain an occupational license, but you have to go through the steps and pay some fees.

    An acquittal, if you can get one fast enough to matter, bars an administrative license revocation suspension, if you lose your ALR hearing.

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  5. On 10/9/2025 at 5:55 PM, Macanudo said:

    Walter Lord wrote a really good book on the Coastwatchers:  https://www.goodreads.com/book/show/18683511-lonely-vigil

    These were, for the most part, British and Australians who stayed behind on Pacific Islands and fed info to the Allies on Japanese shipping and aviation.   If they got caught, they faced a brutal death.  Unsung heroes of the war.

    Baba, there's lot of great debate on whether the Japanese not attacking the fuel tank farms was a big deal or what if the carriers had been in port.   Both would have really, really hurt if they had been attacked.  They would have only delayed the inevitable though.   

    By December of 1941, there were 11 Essex class carriers under construction with 7 of those launched by the summer of 1943.  We put another 30+ escort and light carriers in the water by summer of '43 too.   Throughout the entire war, the Japanese launched 16 carriers of any size (7 fleet, 6 escort, 2 landing cradt carriers and 1 seaplane carrier.)   We launched 102 fleet, light and escort carriers by war's end with 17 fleet carriers alone before the Japanese surrendered with Midway and the FDR (both from the upgraded Midway class that was 50% larger tonnage wise than the Essex class) both hitting the water by October 1945.   

    The Japanese were never going to win a war in the Pacific.  

    Read it. Definitely worth a read. 

  6. On 10/17/2025 at 11:36 PM, Party_Taco said:

    Alright, after a few more weeks of both squirrels and crows ripping my yard to shreds I’m finally prepared for jihad.

    Who here has recommendations? Looking either for bad ass pellet variety or suppressed .22LR with rat rounds.

    Hell, given the range even a suppressed .22 pistol would get the job done… so what say you all?

    So far looking at the following:

    https://www.academy.com/p/ruger-10-22-magpul-22-lr-semiautomatic-rifle?sku=22-lr

    https://www.academy.com/p/henry-small-game-carbine-22-lr-long-short-lever-action-rifle?sku=22-lr

    I’ve killed dozens of squirrels in the neighborhood with my Gamo pellet gun. 

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  7. About time a USC player got stabbed

     

     

    11 hours ago, tokamak said:

    Why on Earth would Sanchez give a single fuck about where a work truck is parked at midnight? Nothing I've read indicates that he was driving and the truck was blocking him, for example.

    he was trying to do wind sprints in the back alley

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  8. On 9/14/2025 at 2:00 PM, hobbes2702 said:

    Neither swoops or GG ever had a game as good as his SJSU game. And he wasn’t even good. That’s my point. Yesterday was absolutely not the worst QB play you’ve seen at Texas unless you just didn’t watch the GG and Swoops years at all. GG threw 5 fucking picks in a game. He had multiple games where he looked worse than we saw yesterday. Swoops had several games where he could not complete a pass except to the other team. 
    He sucks. That’s true. But seriously get a grip.

    Arch is so bad he can’t even throw it to the other team.

    15 hours ago, Im_smarter_then_you said:

    I’m middle aged.   I can drink 10 beers and snort cocaine off of south Austin’s moms titties and still post 50 times a day here

    User name checks out

    4 hours ago, Dahobbs said:

    He missed them completely, including on the very first play of the game. OSU didn't have to do anything. 

    Yeah OSU wasn’t in his head before the game started.

     

    Look at the video above. His mechanics are atrocious. In all but the touch pass out to Wingo he is holding the ball around his midsection, then “winds up” violently around his right waist area (like where a holster would be) and just rips the ball out of there, side arm or 3/4 arm. It like a violent spasm before the throws as hard as he can with poor mechanics.

     

    I had the yips with my driver for 2 months over the summer. I could do no right with a club that was usually my most consistent. The more I tried, the worse I got. Range sessions were disasters.
     

    But for the last month I’ve been shooting 80 or below. It wasn’t the swing. It was the take back for the backswing. It was the spasm of it, and then switching direction violently. Trying too had. Choking the grip. Once I just started easily taking the club back, relaxing on the change of direction, and not trying to murder the ball, and just simply playing free, the results changed dramatically. The easier the swing, the better the drive. I hit one 292 last week. In June I was hitting the ladies tee box markers.

    Arch needs to calm the fuck down out there and play free. Ball up around the shoulder, secured with two hands, feet underneath him, nice easy lead to where the receiver is going to be, giving him a chance to catch and run. Just breathe.

    Also 5mg of THC helps.

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