Ainge DUI

[HOAV]

You'd be very surprised how stupid some people act with only 2 beers. It's a tolerance thing, but we can't measure that. You have to either punish above the legal limit or not at all. I think the legal limit should be higher and a cop should have to run 3 different noninvasive tests for DUI.

I agree with the tolerance thing. I was just talking about people who seem to think sobriety is just exclusive to alcohol.

 

[omghulkhands]

Ah yes. You are right

Cop was following him. Run the plates. Come back as ainge. Well hell lets pull him over, he did bump the line.

I'm not saying he was or wasn't drunk. I have stated this several times. I don't condone his actions or behavior. But I'll be damn if I'm going to condemn him, you or anyone else with nothing more than a glorified tweet.

bolded = pure speculation which is no different than what the rest of us are working with.

 

[DeerPark12]

Tenn state law has Implied consent laws. If he refused to give blood, he automatically loses his license for a year. Defense attys recommend refusing blood or breath (from my experience) because its easier to beat in court if there is no evidence of what the BAC was. The officers notes for the standardized field sobriety tests will come into account as well as any video footage of the tests (if any) but there will be no definite amount to the blood alcohol content. If he is not convicted, he will still lose his license for a year but he might be able to get a temp license that will allow him to drive back and forth to work.

Tennessee law doesn't allow for a temporary or restricted license for implied consent violations, you have to plead to the DUI to qualify for the restricted license.

 

[MegaVol]

He wasn't arrested for drunk driving, just DUI. It can happen after one beer with BAC so low these days. The laws aren't set up to stop drunk driving, they are set up to create revenue.

Like most driving laws are. Or I should say like most laws are. Gotta generate revenue some way if you don't actually produce anything.

 

[TechnoVol]

BTW, with your "billy-bad-azz" attitude and chest thumping , I'd say you would survive about 15 mins. in most of the places I hang out before someone showed you what a bad azz really looked like.hmy::birgits_giggle:

Now who's acting all billy bad azz? :lolabove:

 

[Obsessed]

bolded = pure speculation which is no different than what the rest of us are working with.

Ill bet 100 bucks it happened. Plates were ran before contact was made.

 

[5ohSmokey]

Btw field sobriety tests are given when you don't blow high enough. A cops last chance to get you.

wrong.... When stopped for suspicion of DUI or if suspicion comes up during a traffic stop an officer will administer SFST's. (standardized field sobriety tasks/tests) These tasks include a walk and turn, one leg stand, eye test to check for nystagmas and typically other additional ones to assist in the officers decesion. The finger to nose test, ABC's from D to P without singing, finger dexterity check, and this would be the point that would include a portable intoxometer. Some will give it first to know if they should even give the rest of the tests/tasks. Now If you fail these tasks to the point the officer has probable cause you are DUI you would then be arrested based upon this. Implied consent would be read to you and blood and/or breath would be asked for. If you refuse the blood/breath portion of this process you would then be charged with violating the TN implied consent law as well as DUI. Breath test results are near immediately available while blood tests will take time to return if your not drunk or under the influence of medication its in your best interest to take the blood/breath because it can only help you in court to prove innocence. At this point I should point out I am in law enforcement and have made several DUI arrests in my career and all have been put through a series of tests/tasks...... ALSO..... I have read several posts on here bashing different emergency fields and some hot headed hose dragger saying he would let emotions get in check if it was his family and what not. I would like to point out that yes emotions do get high on lots of scenes. Wrecks, pursuits, domestics, DUI's just to name a few however that is not to say emergency services will not perform their duties to the best of our abilities. When someone says a KPD officer would let him hurt other people or turn a blind eye I say prove it. I personally know a couple guys up there and are extremely good persons and officers. Also to disprove some other alcohol rumors in regards to PBT's (portable breath tests)... If you have had a drink within 20 minutes you should tell the officer as it will read heavy if you have liquid still in your mouth or throat. The standard in TN is .08 this limit is reached for a 180 standard build man with moderate drinking habits after about 3-4 drinks in an hour. So two beers with supper that lasts around an hour and a half would most likely not set you over the edge however if your getting long islands or a hard alcohol drink where more than a 2oz liquor part inside you have to be careful. Once the body reaches .08 you have to realize the metabolism rate. around 1 drink to 1 drink and a half an hour. Soooooo if you hit 2 or 3 drinks in an hour with supper then hit the bar and have a beer an hour mix in a couple bottles of water to keep flushing yourself and give an hour after last drink before you drive home and you'll be legal (most likely), BUT why risk it anyway a cab, friend, long walk, is better than risking hurting someone or getting arrested.

 

[5ohSmokey]

Tennessee law doesn't allow for a temporary or restricted license for implied consent violations, you have to plead to the DUI to qualify for the restricted license.

True but most will let you plead out to DUI serve 48 hours and get a dismissal on implied consent...

 

[Smokey1210]

Tennessee law doesn't allow for a temporary or restricted license for implied consent violations, you have to plead to the DUI to qualify for the restricted license.

I can tell you all that you can read the laws any way you want but it is all up to the DA and Judge. I was "Charged" with DUI, Open container and implied consent. I recieved a Wreckless driving and Implied consent was thrown out as well as the open container. I did not lose my license for a single day. I was made to do a 16 hour DUI class as well as 25 hours of community service. So for all of you stating things as if they are fact "you're wrong"

 

[Obsessed]

I can tell you all that you can read the laws any way you want but it is all up to the DA and Judge. I was "Charged" with DUI, Open container and implied consent. I recieved a Wreckless driving and Implied consent was thrown out as well as the open container. I did not lose my license for a single day. I was made to do a 16 hour DUI class as well as 25 hours of community service. So for all of you stating things as if they are fact "you're wrong"

Good attorney huh?

 

[Smokey1210]

Good attorney huh?

Yes! Expensive but good.

 

[AJeray4TN]

wrong.... When stopped for suspicion of DUI or if suspicion comes up during a traffic stop an officer will administer SFST's. (standardized field sobriety tasks/tests) These tasks include a walk and turn, one leg stand, eye test to check for nystagmas and typically other additional ones to assist in the officers decesion. The finger to nose test, ABC's from D to P without singing, finger dexterity check, and this would be the point that would include a portable intoxometer. Some will give it first to know if they should even give the rest of the tests/tasks. Now If you fail these tasks to the point the officer has probable cause you are DUI you would then be arrested based upon this. Implied consent would be read to you and blood and/or breath would be asked for. If you refuse the blood/breath portion of this process you would then be charged with violating the TN implied consent law as well as DUI. Breath test results are near immediately available while blood tests will take time to return if your not drunk or under the influence of medication its in your best interest to take the blood/breath because it can only help you in court to prove innocence. At this point I should point out I am in law enforcement and have made several DUI arrests in my career and all have been put through a series of tests/tasks...... ALSO..... I have read several posts on here bashing different emergency fields and some hot headed hose dragger saying he would let emotions get in check if it was his family and what not. I would like to point out that yes emotions do get high on lots of scenes. Wrecks, pursuits, domestics, DUI's just to name a few however that is not to say emergency services will not perform their duties to the best of our abilities. When someone says a KPD officer would let him hurt other people or turn a blind eye I say prove it. I personally know a couple guys up there and are extremely good persons and officers. Also to disprove some other alcohol rumors in regards to PBT's (portable breath tests)... If you have had a drink within 20 minutes you should tell the officer as it will read heavy if you have liquid still in your mouth or throat. The standard in TN is .08 this limit is reached for a 180 standard build man with moderate drinking habits after about 3-4 drinks in an hour. So two beers with supper that lasts around an hour and a half would most likely not set you over the edge however if your getting long islands or a hard alcohol drink where more than a 2oz liquor part inside you have to be careful. Once the body reaches .08 you have to realize the metabolism rate. around 1 drink to 1 drink and a half an hour. Soooooo if you hit 2 or 3 drinks in an hour with supper then hit the bar and have a beer an hour mix in a couple bottles of water to keep flushing yourself and give an hour after last drink before you drive home and you'll be legal (most likely), BUT why risk it anyway a cab, friend, long walk, is better than risking hurting someone or getting arrested.

 

[Obsessed]

wrong.... When stopped for suspicion of DUI or if suspicion comes up during a traffic stop an officer will administer SFST's. (standardized field sobriety tasks/tests) These tasks include a walk and turn, one leg stand, eye test to check for nystagmas and typically other additional ones to assist in the officers decesion. The finger to nose test, ABC's from D to P without singing, finger dexterity check, and this would be the point that would include a portable intoxometer. Some will give it first to know if they should even give the rest of the tests/tasks. Now If you fail these tasks to the point the officer has probable cause you are DUI you would then be arrested based upon this. Implied consent would be read to you and blood and/or breath would be asked for. If you refuse the blood/breath portion of this process you would then be charged with violating the TN implied consent law as well as DUI. Breath test results are near immediately available while blood tests will take time to return if your not drunk or under the influence of medication its in your best interest to take the blood/breath because it can only help you in court to prove innocence. At this point I should point out I am in law enforcement and have made several DUI arrests in my career and all have been put through a series of tests/tasks...... ALSO..... I have read several posts on here bashing different emergency fields and some hot headed hose dragger saying he would let emotions get in check if it was his family and what not. I would like to point out that yes emotions do get high on lots of scenes. Wrecks, pursuits, domestics, DUI's just to name a few however that is not to say emergency services will not perform their duties to the best of our abilities. When someone says a KPD officer would let him hurt other people or turn a blind eye I say prove it. I personally know a couple guys up there and are extremely good persons and officers. Also to disprove some other alcohol rumors in regards to PBT's (portable breath tests)... If you have had a drink within 20 minutes you should tell the officer as it will read heavy if you have liquid still in your mouth or throat. The standard in TN is .08 this limit is reached for a 180 standard build man with moderate drinking habits after about 3-4 drinks in an hour. So two beers with supper that lasts around an hour and a half would most likely not set you over the edge however if your getting long islands or a hard alcohol drink where more than a 2oz liquor part inside you have to be careful. Once the body reaches .08 you have to realize the metabolism rate. around 1 drink to 1 drink and a half an hour. Soooooo if you hit 2 or 3 drinks in an hour with supper then hit the bar and have a beer an hour mix in a couple bottles of water to keep flushing yourself and give an hour after last drink before you drive home and you'll be legal (most likely), BUT why risk it anyway a cab, friend, long walk, is better than risking hurting someone or getting arrested.

Thank you for taking the time to respond.

But I know cops, and if they want you they will get you. I'm sure you follow the law. But you can't expect me to believe some shady tactics aren't done.

Why was he not kept for the full 8 hours?

Any speculation on that?

 

[Obsessed]

Yes! Expensive but good.

Amazing what some money can do huh?

 

[VolBraniac]

Tenn state law has Implied consent laws. If he refused to give blood, he automatically loses his license for a year. Defense attys recommend refusing blood or breath (from my experience) because its easier to beat in court if there is no evidence of what the BAC was.

Refuse especially if you have been drinking. Then the police have to show probable cause for pulling you over. Probable cause is not that they saw you exit a liquor store or the local Applebee's. They better have something substantial on video.

If I was stopped for a DUI, I wouldn’t walk, I wouldn’t talk, I wouldn’t do anything that’s going to help that officer articulate in his report that I am intoxicated. Sure, I will be arrested, but buck up and play the game. I don’t believe in that implied consent crap, it’s blackmail. I’d rather lose my license for a year than get a DUI charge.

You're getting pulled over as a pretext for being arrested for DUI. First, STFU. Second, refuse to do anything except cooperating with your arrest. Make eye contact, nod don't speak and if you are stoopid enough to talk, talk looking away.

We are in a police state. Don't play the game.

http://www.youtube.com/watch?v=33AsZh0oma8

 

[IndyVOL26]

That's not a freaking mistake! That's a freaking moron that needs his ass beat. As a firefighter I see this crap all the time and so many times only the victim is truly hurt....I make sure to not be gentle with my medical care to the drunk, and if my wife is ever hurt or worse by a drunk, I swear I will kill them on the spot, and my KPD officers will look the other way!! Stupid ass

Obviously this is not a very intelligent man. I feel sorry for him and thrs not way after saying something as ignorant as this that u should be able to keep ur job. :loco::loco:

 

[Vol8188]

Refuse especially if you have been drinking. Then the police have to show probable cause for pulling you over. Probable cause is not that they saw you exit a liquor store or the local Applebee's. They better have something substantial on video.

]

Regardless, they have to show probably cause for pulling you over. You could have a trunk full of dead hookers, and they still have to prove why they dropped you. It has nothing to do with you refusing to cooperate.

 

[Cyclopskiller]

Best thread ever, that's the most pages I've ever read through. The 235lbvol poster was golden

 

[BigSteve09]

If he didn't blow he's smart.

He'll get out of it.

Field sobriety tests are the first thing to get thrown out.

 

[LordVOLdemort]

Best thread ever, that's the most pages I've ever read through. The 235lbvol poster was golden

He really encouraged the page count up. I think he and the OP are in on it together. Maybe Freak makes fake accounts occasionally to stir up the juice in the offseason.

Gotta make money on the ads, so you gotta get ppl to visit the site...

Conspiracy Theories abound

 

[VolBraniac]

wrong.... When stopped for suspicion of DUI or if suspicion comes up during a traffic stop

Suspicion = anything that cop wishes to lie, makeup or think is truthful which is why in every stop I have had over the last 20 yrs {and everyone I know} have been asked if they had been drinking. No DUIs, never been arrested for it either.

... an officer will administer

.....[a slew of tests] which are designed to be failed. Over 90% will fail one while sober.

Some will give it first to know if they should even give the rest of the tests/tasks. Now If you fail these tasks to the point the officer has probable cause you are DUI you would then be arrested based upon this. Implied consent would be read to you and blood and/or breath would be asked for. If you refuse the blood/breath portion of this process you would then be charged with violating the TN implied consent law as well as DUI.

Charged yes, convicted of DUI not yet. You take the tests, any of them, you will be adjudicated as DUI by the officer. Now the fight is uphill for you, downhill for the prosecution.

Breath test results are near immediately available while blood tests will take time to return if your not drunk or under the influence of medication its in your best interest to take the blood/breath because it can only help you in court to prove innocence.

You also run the risk of the tests being + when they should not be. The machines, the labs, the testers are all fallible.

At this point I should point out I am in law enforcement and have made several DUI arrests in my career and all have been put through a series of tests/tasks

Included in your training is how to interogate on the walk-up after a pullover including the psychological aspects of being the victim of such a pullover. you know exactly where you stand, what to ask and how to exact a DUI arrest.

BUT why risk it anyway a cab, friend, long walk, is better than risking hurting someone or getting arrested.

:good!:

 

[Sandvol]

The real issue here for me is someone who makes poor personal decisions is not somebody I'm going to listen to on the radio no matter how well he can spit out an NFL audible.

 

[Obsessed]

Refuse especially if you have been drinking. Then the police have to show probable cause for pulling you over. Probable cause is not that they saw you exit a liquor store or the local Applebee's. They better have something substantial on video.

If I was stopped for a DUI, I wouldn’t walk, I wouldn’t talk, I wouldn’t do anything that’s going to help that officer articulate in his report that I am intoxicated. Sure, I will be arrested, but buck up and play the game. I don’t believe in that implied consent crap, it’s blackmail. I’d rather lose my license for a year than get a DUI charge.

You're getting pulled over as a pretext for being arrested for DUI. First, STFU. Second, refuse to do anything except cooperating with your arrest. Make eye contact, nod don't speak and if you are stoopid enough to talk, talk looking away.

We are in a police state. Don't play the game.

http://www.youtube.com/v/33AsZh0oma8

Great video. Thanks.

 

[Vol8188]

If he didn't blow he's smart.

He'll get out of it.

Field sobriety tests are the first thing to get thrown out.

I really doubt. Idk if it will be a jury trial, but if I were a jury his refusal to take a blood alcohol test would be pretty darn condemning to me.

 

[UTwild82]

these lawyer commercials really aren't helping this morning



yeah our jails are just sitting empty right now. We probably have the smallest number of people incarcerated in the world right?

So you would have us in anarchy because laws don't stop everyone all the time. That makes sense...