Ed Oliver Arrested DWI

[plenzmd1]

8 minutes ago, Doc said:

 

Meaning cops will use any excuse to search the car.  Obviously they didn't find any illegal drugs in the car. 

 

What I don't know for sure (although I suspect they can't) is whether they can use their suspicion of being on drugs to get a tox screen on him from the BAC draw?

arghh, okay now i get it. Agree on the any excuse...and that term "mandatory blood draw" sent shivers up my spine.

[njbuff]

9 minutes ago, Dragoon said:

1. Idiot

2. He’s young

3. Idiot 

 

Story of my youth. ?

[muppy]

Expensive mistake. Very. Young and dumb is no great excuse but that’s what this boils down to imo. Time will tell if he grows up learns from this and has no further issues. I’m not so holier than though I’ve done it when I was young and dumb too. I just didn’t have millions in the bank at the time. It probably wouldn’t have made any difference money doesn’t buy maturity. This is a cautionary tale if you go out to party plan ahead bring a designated driver and don’t assume you will make great decisions after drinking when you’re already impaired. Period. 

[Bangarang]

12 minutes ago, Dopey said:

someone replied to plenzmd1 that in some states open container could = dui.

plenzmd1 replied that someone would have to show him this is the case. I'm just providing a link, never said it was automatic.

Actually, what was originally stated was:

 

“In some states, open container = dwi.”

 

Im not aware of any state in which simply having an open container means you are arrested for DWI.

 

Obviously having an open container while driving increases the chances that you are driving while intoxicated but isn’t that true in every state?

Edited May 17, 2020 by Bangarang

[MAJBobby]

3 minutes ago, plenzmd1 said:

arghh, okay now i get it. Agree on the any excuse...and that term "mandatory blood draw" sent shivers up my spine.

With the mandatory blood draw. That will be required if you request or deny the Breath Test (seeing no BAC attached you any of the reports) or that in the Cop Blocker video no breath test given I would guess was refused by Oliver. 
 

WHAT I don’t know about the blood is if the warrant that they will have to get is limited in scope (alcohol) by my guess the cop suspecting on tape something other than alcohol would tell me Texas blood warrants are limited scope meaning without justification they will only test alcohol unless can get warrant to include other substances.  This is all speculation here because unlike the add on gun charge this is something I don’t know about. 

[Ed_Formerly_of_Roch]

I didn't know it was possible to have an illegal gun in Texas?

 

What's that saying about idle hands....

 

Guess he needs something to keep him busy.

Edited May 17, 2020 by Ed_Formerly_of_Roch

[Bangarang]

3 minutes ago, MAJBobby said:

With the mandatory blood draw. That will be required if you request or deny the Breath Test (seeing no BAC attached you any of the reports) or that in the Cop Blocker video no breath test given I would guess was refused by Oliver. 

 

Does the video you’re referring to show the entire stop and all the testing? I’ve only seen the video that’s maybe 2 minutes long.

 

3 minutes ago, MAJBobby said:

WHAT I don’t know about the blood is if the warrant that they will have to get is limited in scope (alcohol) by my guess the cop suspecting on tape something other than alcohol would tell me Texas blood warrants are limited scope meaning without justification they will only test alcohol unless can get warrant to include other substances.  This is all speculation here because unlike the add on gun charge this is something I don’t know about. 

 

Failing field sobriety and  having other noticeable clues is justification enough. Some agencies have drug recognition experts that go through extensive training to determine what may be in someone’s system. I don’t know whether this agency utilized one however it’s not hard to get a warrant if you’ve arrested someone for driving under the influence of drugs and they won’t consent to a blood draw themselves. 

[plenzmd1]

12 minutes ago, MAJBobby said:

With the mandatory blood draw. That will be required if you request or deny the Breath Test (seeing no BAC attached you any of the reports) or that in the Cop Blocker video no breath test given I would guess was refused by Oliver. 
 

WHAT I don’t know about the blood is if the warrant that they will have to get is limited in scope (alcohol) by my guess the cop suspecting on tape something other than alcohol would tell me Texas blood warrants are limited scope meaning without justification they will only test alcohol unless can get warrant to include other substances.  This is all speculation here because unlike the add on gun charge this is something I don’t know about. 

 i have been golfing since 11AM , had a few after the round, but not sure what you mean here. To my mind, If Ed refused a breath test good for him. He should, as all people should.

 

Cop suspecting a young black man of drug use, who seems to pass most of the the field tests is troubling to me.  And requiring  a blood draw and invading his body is kinda 1984 ish.. i ain't comfortable with it

 

Edited May 17, 2020 by plenzmd1

[krf139]

Why do all these guys who get in trouble have guns - many unregistered. I get the second amendment but it’s a broken record. 

[MAJBobby]

9 minutes ago, Bangarang said:

 

Does the video you’re referring to show the entire stop and all the testing? I’ve only seen the video that’s maybe 2 minutes long.

 

 

Failing field sobriety and  having other noticeable clues is justification enough. Some agencies have drug recognition experts that go through extensive training to determine what may be in someone’s system. I don’t know whether this agency utilized one however it’s not hard to get a warrant if you’ve arrested someone for driving under the influence of drugs and they won’t consent to a blood draw themselves. 

yeah the cop blocker edits. Down to 1:48. Look at the description though talks the entire encounter. by reading his encounter notes either no breath test was given because of refusal or because cop said impaired by something other than Alcohol. The entire process was given by a DWI certified officer. 
 

 

5 minutes ago, krf139 said:

Why do all these guys who get in trouble have guns - many unregistered. I get the second amendment but it’s a broken record. 

there is ZERO Law requiring registration of a firearm in Texas. It is open carry state 

Edited May 17, 2020 by MAJBobby

[JimBob2232]

4 minutes ago, krf139 said:

Why do all these guys who get in trouble have guns - many unregistered. I get the second amendment but it’s a broken record. 

Not signaling out Oliver because i dont know his story, but the neighborhood many of these guys come from, combined with a boat ton of cash in their name.  They think they need to protect themselves (and in many cases they are right).  There is probably other ways do it.  But i would bet that's a big driver. 

[MAJBobby]

13 minutes ago, plenzmd1 said:

 i have been golfing since 11AM , had a few after the round, but not sure what you mean here. To my mind, If Ed refused a breath test good for him. He should, as all people should.

 

Cop suspecting a young black man of drug use, who seems to pass most of the the field tests is troubling to me.  And requiring  a blood draw and invading his body is kinda 1984 ish.. i ain't comfortable with it

 

I have taught EVERY SOLDIER of mine if you are stopped for DWI respectfully refuse the breath test. Make them get a warrant. Even if it takes an hour your BAC will be lower. 
 

also with an open container of a pop the Breath Test would push out a very high reading if just took a sip. 
 

 

Edited May 17, 2020 by MAJBobby

[Bill from NYC]

9 minutes ago, plenzmd1 said:

 i have been golfing since 11AM , had a few after the round, but not sure what you mean here. To my mind, If Ed refused a breath test good for him. He should, as all people should.

 

Cop suspecting a young black man of drug use, who seems to pass most of the the field tests is troubling to me.  And requiring  a blood draw and invading his body is kinda 1984 ish.. i ain't comfortable with it

 

So let's all just declare him innocent. 

 

Look, kids make mistakes. We all have made mistakes. This kid was driving drunk with a gun. Ask yourself how much you would care about him if he wasn't a very promising young player on our favorite team. 

 

I'll take your answer off the air.

[Bangarang]

3 minutes ago, MAJBobby said:

yeah the cop blocker edits. Down to 1:48. Look at the description though talks the entire encounter. by reading his encounter notes either no breath test was given because of refusal or because cop said impaired by something other than Alcohol. The entire process was given by a DWI certified officer. 
 

 

Im not sure what they mean when they say DWI certified officer. Usually that just means that the officer was trained in administering field sobriety testing. Typically, if you’re specifically a drug recognition expert then you would be referred to as such. 

[BarleyNY]

13 minutes ago, MAJBobby said:

With the mandatory blood draw. That will be required if you request or deny the Breath Test (seeing no BAC attached you any of the reports) or that in the Cop Blocker video no breath test given I would guess was refused by Oliver. 
 

WHAT I don’t know about the blood is if the warrant that they will have to get is limited in scope (alcohol) by my guess the cop suspecting on tape something other than alcohol would tell me Texas blood warrants are limited scope meaning without justification they will only test alcohol unless can get warrant to include other substances.  This is all speculation here because unlike the add on gun charge this is something I don’t know about. 

I’ve been perusing some Texas DWI lawyer sites for some answers.  Texas is an Implied Consent state, which means that consent for testing is given as a condition of acquiring a license.  People still don’t have to give consent to any type of test until a valid warrant is issued.  Then it can be forcibly taken if needed.  Blood tests Include testing for alcohol and a variety of drugs.  Obviously some drug metabolites stay in people’s systems beyond when they’d be impaired so that can be a defense.  So it’s probably going to be awhile before this plays out.

[MAJBobby]

1 minute ago, Bill from NYC said:

So let's all just declare him innocent. 

 

Look, kids make mistakes. We all have made mistakes. This kid was driving drunk with a gun. Ask yourself how much you would care about him if he wasn't a very promising young player on our favorite team. 

 

I'll take your answer off the air.

everyone focused on the Gun is a little silly to me. 
 

let’s take out the dumb decision of driving impaired (allegedly). 
 

he get pulled over for a traffic infraction. Gun Un registered. Guess what gets charged?  NOTHING. 

[Do The Reich Thing]

1 hour ago, YoloinOhio said:

I’ve gathered that but asked why the name Karen is used. I don’t know any Karens like that. They always show that Kate chick. 

I think it’s a name that just stuck. No reason to my knowledge. Kinda like ‘Chad’ for a guy. 

[MAJBobby]

Just now, Bangarang said:

Im not sure what they mean when they say DWI certified officer. Usually that just means that the officer was trained in administering field sobriety testing. Typically, if you’re specifically a drug recognition expert then you would be referred to as such. 

Texas has specific DWI certified police that are only allowed to handle DWI stops. Not exactly sure what the training consists of. 

[Bangarang]

4 minutes ago, MAJBobby said:

I have taught EVERY SOLDIER of mine if you are stopped for DWI respectfully refuse the breath test. Make them get a warrant. Even if it takes an hour your BAC will be lower. 
 

also with an open container of a pop the Breath Test would push out a very high reading if just took a sip. 

I will only speak about NY but if you refuse the breath test it just means you’re getting another ticket if arrested for DWI. The breath test is also the last thing we do during sobriety testing and is not necessary to arrest someone for DWI. No need for a warrant if you refuse, it will just be indicated that you refused and I will list all the other test results showing you were under the influence.

[MAJBobby]

2 minutes ago, BarleyNY said:

I’ve been perusing some Texas DWI lawyer sites for some answers.  Texas is an Implied Consent state, which means that consent for testing is given as a condition of acquiring a license.  People still don’t have to give consent to any type of test until a valid warrant is issued.  Then it can be forcibly taken if needed.  Blood tests Include testing for alcohol and a variety of drugs.  Obviously some drug metabolites stay in people’s systems beyond when they’d be impaired so that can be a defense.  So it’s probably going to be awhile before this plays out.

 agree that along with the case backlog due to Pandemic I expect resolution in 2021 with the suspension if any in 2021. I could be wrong but my educated guess 

1 minute ago, Bangarang said:

I will only speak about NY but if you refuse the breath test it just means you’re getting another ticket if arrested for DWI. The breath test is also the last thing we do during sobriety testing and is not necessary to arrest someone for DWI. No need for a warrant if you refuse, it will just be indicated that you refused and I will list all the other test results showing you were under the influence.

I know in Texas it is one or the other. Now the warrant was probably at the hospital by the time they arrived but that hour or so could mean one or two (at his size) pops metabolized off