Bangarang Posted June 17, 2020 Share Posted June 17, 2020 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. Link to comment Share on other sites More sharing options...
Numark3 Posted June 17, 2020 Share Posted June 17, 2020 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 Link to comment Share on other sites More sharing options...
plenzmd1 Posted June 17, 2020 Share Posted June 17, 2020 (edited) 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 Link to comment Share on other sites More sharing options...
BringBackFergy Posted June 17, 2020 Share Posted June 17, 2020 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. Link to comment Share on other sites More sharing options...
Augie Posted June 17, 2020 Share Posted June 17, 2020 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. 1 Link to comment Share on other sites More sharing options...
Doc Posted June 17, 2020 Share Posted June 17, 2020 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? 1 1 Link to comment Share on other sites More sharing options...
Numark3 Posted June 17, 2020 Share Posted June 17, 2020 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... 1 Link to comment Share on other sites More sharing options...
Mr. WEO Posted June 17, 2020 Share Posted June 17, 2020 12 minutes ago, Doc said: It was. Back in January. What does it have to do with, then? A dartboard? Missed that. Charges dismissed. Link to comment Share on other sites More sharing options...
Doc Posted June 17, 2020 Share Posted June 17, 2020 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. Link to comment Share on other sites More sharing options...
Numark3 Posted June 17, 2020 Share Posted June 17, 2020 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 Link to comment Share on other sites More sharing options...
Doc Posted June 17, 2020 Share Posted June 17, 2020 (edited) 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 Link to comment Share on other sites More sharing options...
Mango Posted June 18, 2020 Share Posted June 18, 2020 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? 1 Link to comment Share on other sites More sharing options...
Bangarang Posted June 18, 2020 Share Posted June 18, 2020 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. 1 Link to comment Share on other sites More sharing options...
BillsShredder83 Posted June 18, 2020 Share Posted June 18, 2020 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??? 1 Link to comment Share on other sites More sharing options...
JohnC Posted June 19, 2020 Share Posted June 19, 2020 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? Link to comment Share on other sites More sharing options...
Plano Posted June 19, 2020 Share Posted June 19, 2020 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. Link to comment Share on other sites More sharing options...
Doc Posted June 19, 2020 Share Posted June 19, 2020 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. 1 Link to comment Share on other sites More sharing options...
Mango Posted June 19, 2020 Share Posted June 19, 2020 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. Link to comment Share on other sites More sharing options...
Hapless Bills Fan Posted June 19, 2020 Share Posted June 19, 2020 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. 2 1 Link to comment Share on other sites More sharing options...
MJS Posted June 19, 2020 Share Posted June 19, 2020 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. Link to comment Share on other sites More sharing options...
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