Ed Oliver Arrested DWI

[Bangarang]

22 minutes ago, BringBackFergy said:

Common law DWI conviction depends on odor, speech, erratic driving, inability to exit vehicle, bloodshot eyes, failure to follow directions, horizontal gaze nystagmus, and failure of various tests (one leg stand, finger to nose, walk and turn, alphabet, etc.).  With dash cam footage, it becomes easier for DA to prove the case. Many years ago, all the DA could rely on was the 710.30 notice of the officer's interview and the Bill of Particulars which detailed all the failures and defense attys could rip it apart.  Video proof is much more damning.

Unless you live in my jurisdiction where the DA literally pleas everything. I've been to court for a DUI arrest once. Doesn't matter if it's common law, aggravated, chemical test or no chemical test. Always gets plead down to DWAI which is beyond frustrating. 

[Numark3]

1 hour ago, Doc said:

 

How does it work?  I haven't see Patrick Chung, who was caught with cocaine, be suspended yet.

it doesn’t have to do with criminal convictions

[plenzmd1]

41 minutes ago, billsbackto81 said:

I'm retired law enforcement so I know the drill all too well. Did they dash cam video your FST? There's a reason most times they record with your back turned to the camera. This way nobody but the officer can determine how good or bad you performed. It becomes his call at that point, advantage police. I ran into an unfortunate situation years back in Florida for what was deemed an illegal 3pt turn. I was lost and over shot my street. Made the turn in the presence of a parked LEO. Had I been drinking? Yes. Impaired? No. Passed the FTD flawlessly and still got dragged in. Not to sound privileged but I was hoping for some professional courtesy considering I was a 1/4 mile away from my destination. Nope! Refused the breathalyzer, posted bond and fought it in court. Totally aggravating not to mention time and money. They even laughed at the station using the old Florida adage, " come on vacation, leave on probation". Funny, 11 years later I now live here.

Not sure there was any dash cam , but there could have been I guess. This was a good 7 years ago , maybe not as prevalent? 
 

kept telling the guy, listen, o watch too many cop TV shows. No way I blowing into that thing, I am perfectly capable, performed every test  flawlessly.. I mean really? Almost had a feeling they were asking as if I agreed I would have had to have been drunk! 

Edited June 17, 2020 by plenzmd1

[BringBackFergy]

46 minutes ago, Bangarang said:

Unless you live in my jurisdiction where the DA literally pleas everything. I've been to court for a DUI arrest once. Doesn't matter if it's common law, aggravated, chemical test or no chemical test. Always gets plead down to DWAI which is beyond frustrating. 

We normally did the same unless: personal injury accident, aggravated over .15 or had a prior DWAI within 5 years. 

[Augie]

7 hours ago, plenzmd1 said:

agreed..and one needs to calculate that risk. At the very least, i would insist on a chemical test in the station....my 60's upbringing may be coming up LOL, but i just don't trust those field breathalyser...

 

and in my case i knew 100% i was not impaired, did all my tests perfectly...why would i consent to a test that could be faulty when i just emphatically had proven i was fine to drive...

 

I contemplated hiring an attorney as i don't think he was legally allowed to restrain my ability to drive home, but decided the money was not worth the point.

 

I knew someone who blew a .082 and got hauled in. His attorney got it reduced and told him NEVER, EVER blow for them.  I certainly have the perception that they are unreliable, and have heard “never blow” before. I wonder how accurate they really are.

 

A buddy bought a cheap one at a Walgreens. Complete garbage! One glass of wine and it would say he was near death. Three glasses of wine and he was barely registering. He threw his out and I wouldn’t be surprised if that junk didn’t lead to some lawsuits. 

 

 

[Doc]

2 hours ago, Mr. WEO said:

Don't they usually wait until the case  gets adjudicated before they suspend?

 

It was.  Back in January.

 

34 minutes ago, Crayola64 said:

it doesn’t have to do with criminal convictions

 

What does it have to do with, then?  A dartboard?

[Numark3]

4 minutes ago, Doc said:

 

What does it have to do with, then?  A dartboard?

 

What exactly is your point?  Players have been suspended without any criminal adjudication--it is a player conduct policy, not a player criminal policy.  I am not stating an opinion...

[Mr. WEO]

12 minutes ago, Doc said:

 

It was.  Back in January.

 

 

What does it have to do with, then?  A dartboard?

 

 

Missed that.  Charges dismissed.

[Doc]

6 minutes ago, Crayola64 said:

What exactly is your point?  Players have been suspended without any criminal adjudication--it is a player conduct policy, not a player criminal policy.  I am not stating an opinion...

 

So then, where is the suspension for Chung?  How do they justify suspending Oliver if he doesn't blow a .08 or higher?

 

Just now, Mr. WEO said:

Missed that.  Charges dismissed.

 

Shouldn't matter. 

[Numark3]

23 minutes ago, Doc said:

 

So then, where is the suspension for Chung?  How do they justify suspending Oliver if he doesn't blow a .08 or higher?

 

 

Shouldn't matter. 

holy crap you are being obtuse

[Doc]

2 hours ago, Crayola64 said:

holy crap you are being obtuse

 

I'm just trying to figure out how it does work and seeing if Oliver can also beat the rap, like Chung apparently is.

Edited June 17, 2020 by Doc

[Mango]

5 hours ago, billsbackto81 said:

I'm retired law enforcement so I know the drill all too well. Did they dash cam video your FST? There's a reason most times they record with your back turned to the camera. This way nobody but the officer can determine how good or bad you performed. It becomes his call at that point, advantage police. I ran into an unfortunate situation years back in Florida for what was deemed an illegal 3pt turn. I was lost and over shot my street. Made the turn in the presence of a parked LEO. Had I been drinking? Yes. Impaired? No. Passed the FTD flawlessly and still got dragged in. Not to sound privileged but I was hoping for some professional courtesy considering I was a 1/4 mile away from my destination. Nope! Refused the breathalyzer, posted bond and fought it in court. Totally aggravating not to mention time and money. They even laughed at the station using the old Florida adage, " come on vacation, leave on probation". Funny, 11 years later I now live here.

 

5 hours ago, BringBackFergy said:

Common law DWI conviction depends on odor, speech, erratic driving, inability to exit vehicle, bloodshot eyes, failure to follow directions, horizontal gaze nystagmus, and failure of various tests (one leg stand, finger to nose, walk and turn, alphabet, etc.).  With dash cam footage, it becomes easier for DA to prove the case. Many years ago, all the DA could rely on was the 710.30 notice of the officer's interview and the Bill of Particulars which detailed all the failures and defense attys could rip it apart.  Video proof is much more damning.

 

Curious/Questions

 

Can you decline field sobriety tests?

And if you can/do, what is the outcome?

Or specifically refuse unless you are facing the camera? 

[Bangarang]

4 hours ago, Mango said:

 

 

Curious/Questions

 

Can you decline field sobriety tests?

And if you can/do, what is the outcome?

Or specifically refuse unless you are facing the camera? 

You can decline but it likely means you get arrested faster. If I’m pulling you out of the car to do field sobriety then I already have enough information to articulate why I think you’re driving intoxicated. 

[BillsShredder83]

On 5/17/2020 at 7:17 AM, Victory Formation said:

I was 23 once too. I get it. I’m not ready to crucify the guy but somebody should aware him on what drugs and alcohol can do to your life. I have 3 years sober on the 19th, wish I never touched the stuff at all. Can be the difference between him getting the veteran minimum with his next contract or him making $20 million a year, choice is his to make. 

Congrats. 5months clean! One day at a time and I wish I never touched it! Also which fool gave you the "beer glass emoji" to your post???

[JohnC]

On 6/17/2020 at 3:05 PM, billsbackto81 said:

I'm retired law enforcement so I know the drill all too well. Did they dash cam video your FST? There's a reason most times they record with your back turned to the camera. This way nobody but the officer can determine how good or bad you performed. It becomes his call at that point, advantage police. I ran into an unfortunate situation years back in Florida for what was deemed an illegal 3pt turn. I was lost and over shot my street. Made the turn in the presence of a parked LEO. Had I been drinking? Yes. Impaired? No. Passed the FST flawlessly and still got dragged in. Not to sound privileged but I was hoping for some professional courtesy considering I was a 1/4 mile away from my destination. Nope! Refused the breathalyzer, posted bond and fought it in court. Totally aggravating not to mention time and money. They even laughed at the station using the old Florida adage, " come on vacation, leave on probation". Funny, 11 years later I now live here.

What was the court outcome? If the arresting officer testified what was his claim beyond the traffic infraction? 

[Plano]

On 6/17/2020 at 5:27 PM, Doc said:

 

I'm just trying to figure out how it does work and seeing if Oliver can also beat the rap, like Chung apparently is.

You make sure the officer's credit card debt gets wiped clean somehow with the flick of a wrist.

[Doc]

2 minutes ago, Plano said:

You make sure the officer's credit card debt gets wiped clean somehow with the flick of a wrist.

Off camera, of course. 

[Mango]

On 6/18/2020 at 12:47 AM, Bangarang said:

You can decline but it likely means you get arrested faster. If I’m pulling you out of the car to do field sobriety then I already have enough information to articulate why I think you’re driving intoxicated. 

 

Right. But going off what I stated before, if the FST is done with my back to the camera, it’s not really in my interest to do it. Take it, you decide I failed, get pulled in and now have “bad credit”. Or, don’t take it, get hauled in anyways, and instead of having bad credit, I have no credit. Which is better. 

[Hapless Bills Fan]

On 6/17/2020 at 2:39 PM, Crayola64 said:

it doesn’t have to do with criminal convictions

 

The NFL can impose discipline in the absence of a criminal conviction (see Roethlisberger, Ben), but they usually wait until the legal process plays out first.

[MJS]

3 minutes ago, Hapless Bills Fan said:

 

The NFL can impose discipline in the absence of a criminal conviction (see Roethlisberger, Ben), but they usually wait until the legal process plays out first.

Yeah, people seem to think the NFL has their hands tied if there isn't a conviction. But the NFL can pretty much do what they want.

[Royale with Cheese]

1 minute ago, MJS said:

Yeah, people seem to think the NFL has their hands tied if there isn't a conviction. But the NFL can pretty much do what they want.

 

No they can't.  I don't think they would be able to use a guillotine in this case. 

[Happy]

9 minutes ago, Mango said:

 

Right. But going off what I stated before, if the FST is done with my back to the camera, it’s not really in my interest to do it. Take it, you decide I failed, get pulled in and now have “bad credit”. Or, don’t take it, get hauled in anyways, and instead of having bad credit, I have no credit. Which is better. 

 

I had a friend who is a policeman for a major US city tell me that the system is stacked against you.  Sure you can decline a FST, but they'll just arrest you another way; the police are prepared to counter any defense you might come up with.  As an aside, my friend told me that the big city cops don't always want to deal with a DUI since there are usually much bigger fish to fry, so they might take the keys from the driver and throw them away; it also depends on how cooperative the person is as well as what else is going on that night.  The car stays where it is until the next day when the owner can come get the car with a spare set of keys.  Relating to this matter, the point is Oliver was screwed once he was pulled over.  There will be some punishment from the NFL, at least, even if his lawyer gets him out of the law side of things.

[Bangarang]

11 minutes ago, Mango said:

 

Right. But going off what I stated before, if the FST is done with my back to the camera, it’s not really in my interest to do it. Take it, you decide I failed, get pulled in and now have “bad credit”. Or, don’t take it, get hauled in anyways, and instead of having bad credit, I have no credit. Which is better. 

I don’t decide which option is better and the only advice I will give is to not drink and drive in the first place. If you want to refuse because you think cops are corrupt liars then that's your choice and you'll have your day in court to fight whatever you're charged with. 

Regardless of whether you do SFST, you'll likey be asked to take a chemical back at the station. Refusal to take that and your license is suspended for a year. 

 

[BuffaloBob]

21 minutes ago, Bangarang said:

the only advice I will give is to not drink and drive in the first place.

 

Bingo!! ?

[MJS]

46 minutes ago, Royale with Cheese said:

 

No they can't.  I don't think they would be able to use a guillotine in this case. 

They literally can. Goodell is judge, jury, and executioner according to the CBA.

[billsbackto81]

6 hours ago, JohnC said:

What was the court outcome? If the arresting officer testified what was his claim beyond the traffic infraction? 

Case was dismissed once my defense established the following. 

1. Arresting officer had questionable history.

2. Being pulled over for a slow 3pt turn at 2am just because I didn't completely

stop at a 4 way intersection established profiling ( I'm of Hispanic descent). 

3. FST footage showed what deemed to be no evidence of disorientation. (reasonable doubt).

4. Records showed equipment (breathalyzer) may have been defective due to passed due service requirements. Attorney did that on his own, I never submitted. Showed negligence on their part.

 

Was it a win? Perhaps legally but when you consider time and expense it was very inconvenient. I lived in CT at the time. Most would take the plea.

 

Edited June 19, 2020 by billsbackto81

[YoloinOhio]

3 hours ago, MJS said:

Yeah, people seem to think the NFL has their hands tied if there isn't a conviction. But the NFL can pretty much do what they want.

I think most relatively informed people know the nfl can place discipline on players regardless of the criminal outcome. However, the league typically waits until the outcome is decided and then lays down their punishment. 

[Royale with Cheese]

2 hours ago, MJS said:

They literally can. Goodell is judge, jury, and executioner according to the CBA.

 

How much would it cost to ship a medieval guillotine from France?

[Magox]

What's the consensus view?  Suspension?  If so, how long?

[JohnC]

55 minutes ago, billsbackto81 said:

Case was dismissed once my defense established the following. 

1. Arresting officer had questionable history.

2. Being pulled over for a slow 3pt turn at 2am just because I didn't completely

stop at a 4 way intersection established profiling ( I'm of Hispanic descent). 

3. FST footage showed what deemed to be no evidence of disorientation. (reasonable doubt).

4. Records showed equipment (breathalyzer) may have been defective due to passed due service requirements.

 

Was it a win? Perhaps legally but when you consider time and expense it was very inconvenient. I lived in CT at the time. Most would take the plea.

 

My hats off to you for having the conviction and fortitude to fight this improper and contrived police behavior. As you pointed out it was not only an inconvenience but also an expensive endeavor. As you noted many victims of this type of abusive police behavior don't have the time and resources to fight the system. 

 

The bad officers on the force are well known within the department. Until there is a change of attitude and culture where the bad cops are held accountable and weeded out this systematic problem is going to continue to exist. I am a strong union advocate. However, the police union's unwillingness to address the bad cop contamination is a major reason why there is so much difficulty in solving this ugly problem that smears the dedicated majority of the force.   

[BornAgainBillsFan]

18 minutes ago, Magox said:

What's the consensus view?  Suspension?  If so, how long?

 

Three games. Serious enough for four, but 1st offense knocks it down one.

 

And I hope he doesn't appeal. We can do without him against the Jets, Dolphins and Rams. ?

[billsbackto81]

24 minutes ago, Magox said:

What's the consensus view?  Suspension?  If so, how long?

I think he avoids league discipline but McD might give him something to think about. Maybe a 1 game team suspension. We can beat the Jets without him. Depends on the alcohol results. If inadmissible he may skate on all of it.

[Magox]

12 minutes ago, BornAgainBillsFan said:

 

Three games. Serious enough for four, but 1st offense knocks it down one.

 

And I hope he doesn't appeal. We can do without him against the Jets, Dolphins and Rams. ?

 

5 minutes ago, billsbackto81 said:

I think he avoids league discipline but McD might give him something to think about. Maybe a 1 game team suspension. We can beat the Jets without him. Depends on the alcohol results. If inadmissible he may skate on all of it.

 

 

Sooooo.

 

No consensus?  lol

[nucci]

4 hours ago, Royale with Cheese said:

 

No they can't.  I don't think they would be able to use a guillotine in this case. 

they could but it's frowned upon

12 minutes ago, billsbackto81 said:

I think he avoids league discipline but McD might give him something to think about. Maybe a 1 game team suspension. We can beat the Jets without him. Depends on the alcohol results. If inadmissible he may skate on all of it.

if the league doesn't suspend him, why would the Bills?

[BornAgainBillsFan]

7 minutes ago, nucci said:

if the league doesn't suspend him, why would the Bills?

 

Agreed - The Bills will let him off with a warning with a first offense. I'd be stunned if the league office did that, though.

[billsbackto81]

27 minutes ago, nucci said:

they could but it's frowned upon

if the league doesn't suspend him, why would the Bills?

Not unprecedented in any way, especially with the type of coach McDermott is. He preaches culture, unity, discipline and accountability. It would clearly send a message to the entire team. Plus playing the Jets Week 1 doesn't hurt the decision making.

[Ridgewaycynic2013]

On 6/17/2020 at 4:10 PM, Augie said:

A buddy bought a cheap one at a Walgreens. Complete garbage! One glass of wine and it would say he was near death. Three glasses of wine and he was barely registering. He threw his out and I wouldn’t be surprised if that junk didn’t lead to some lawsuits. 

Was your friend schnabbled when he bought it?  It might have been a pregnancy tester.  ?

[Augie]

2 minutes ago, Ridgewaycynic2013 said:

Was your friend schnabbled when he bought it?  It might have been a pregnancy tester.  ?

 

You might think so......he’s gained about 50 pounds and has “the look”. 

[3rdand12]

20 hours ago, Augie said:

 

You might think so......he’s gained about 50 pounds and has “the look”. 

glowing ?

[Augie]

1 hour ago, 3rdand12 said:

glowing ?

 

To be more accurate, I should have said “the shape”.