Blood Alcohol Level Announcement?

  1. You have chosen to ignore posts from TFB12. Show TFB12's posts

    Re: Blood Alcohol Level Announcement?

    In response to tcal2-'s comment:

    In response to TFB12's comment:

     

    In response to tanbass' comment:

     

     

    If he (supposedly) didn't register on the breathalyzer, I'm trying to figure out why there was an arrest? Something is not adding up here....
    and I don't trust the media to give me the real story. If there is no breathalyzer, and no blood test....what is the actual charge? Sounds like a cake walk for a lawyer with half a brain. My guess is that we don't have all the facts yet....

     

     

     




    If they couldn't get him to blow harder then why didn't they take a blood test?

     

     




    You cannot be forced to take a breathalyzer or blood test.  You have a right to refuse a breathalyzer for a blood test.  If you refuse both your automatically considered guilty.

     

     




    I assume that varies by state?

     
  2. You have chosen to ignore posts from TFB12. Show TFB12's posts

    Re: Blood Alcohol Level Announcement?

    In response to RallyC's comment:

    In response to TFB12's comment:

     

    In response to tanbass' comment:

     

     

     

    If he (supposedly) didn't register on the breathalyzer, I'm trying to figure out why there was an arrest? Something is not adding up here....
    and I don't trust the media to give me the real story. If there is no breathalyzer, and no blood test....what is the actual charge? Sounds like a cake walk for a lawyer with half a brain. My guess is that we don't have all the facts yet....

     

     

     




    If they couldn't get him to blow harder then why didn't they take a blood test?

     

     

     


    So we go from he refused, to now he took one........but didn't blow hard enough to register? If they didn't require the blood test after the negative test then they boggled it. Inebriated or not, any decent lawyer should be able to get Tavon outta this pretty easily cuz they have ZERO evidence aside form his supposed swerving....If of course, these are the actual facts. SO, the million dollar question would be, in the present climate established by AH, what is the right thing for the Patriots do????? Man, you really can't make this kinda crap up! 

     



    Tough call, imo.  I would have to know all the facts before giving my 2 cents on the matter.  Of course, if this arrest changes his probation and he has to serve time for his other arrest immediately and a longer sentence then the 30 days, then I think it's a pretty simple call.

     
  3. You have chosen to ignore posts from seattlepat70. Show seattlepat70's posts

    Re: Blood Alcohol Level Announcement?

    In response to CatfishHunter's comment:

    In response to russgriswold's comment:

    [QUOTE]

     

     

    NFL.com's Ian Rapoport reported that Dennard attempted to blow for a breathalyzer test at least twice, according to a source who had heard specifics of Dennard's side of the incident. The source said that Dennard's attempts to take the test didn't work because Dennard was deemed to have been blown hard enough to meet qualifications. The number he blew was believed to be below the legal limit. He was not asked to take a blood test.

     



    Wow.  That quote is both grammatically challenged and ... how do I put this ... what gender was the officer submitting the test?

     

    [/QUOTE]

    That was funny... and what sharp eyes and mind you have to catch that. Was the statement from the police report or was that just how the writer wrote it? 

    Anyhow, I don't think gender of the one who administered the "test" matters. Either gender could.

     

     

     
  4. You have chosen to ignore posts from GEAUX-TIGRES. Show GEAUX-TIGRES's posts

    Re: Blood Alcohol Level Announcement?

    When they use better judgement, obey the law and stop breaking it.

     
  5. You have chosen to ignore posts from BabeParilli. Show BabeParilli's posts

    Re: Blood Alcohol Level Announcement?

    If it were up to me I would cut this stooge right now.

     

     

     

     

     
  6. You have chosen to ignore posts from seattlepat70. Show seattlepat70's posts

    Re: Blood Alcohol Level Announcement?

    He may or may not be guilty of DUI. Regardless, the circumstance raises questions

    1) Without a breathalizer test confirming he was under the influence, what case does the police have against him?

    2) How does the court confirm whether he did not blow hard enough or this was a fabrication? Does the breathalizer print out a reading that says the subject did not blow hard enough? 

    3) Without proof, how can the court find him guilty of DUI? Does the court simply take the police's word on this? Wouldn't that be dangerous in general? Even more so when the police may have beef against the one accused?

    I am not saying Dennard is not guilty of DUI. Nor am I defending is actions if he was. I am just asking how strong a case does the police actually have in this case?

     
  7. You have chosen to ignore posts from BabeParilli. Show BabeParilli's posts

    Re: Blood Alcohol Level Announcement?

    So, let's examine the thought process of Alf here.

     

    1. Let's see, I'm on probation and one more screwup puts me in the slammer and destroys my NFL career. What would be my best move at this point? Hmmmm, I know, I'll go out and have a few pops!

    2. Lets see, my team that took a chance on me is reeling from having a finger pointed at them because they gave a chance to a now accused murderer. What would be my best move at this point? Hmmmm, I know, I'll go out and have a few pops!

    3. Lets see, so I smacked a cop in Nebraska and have some jail time coming for that. What would be my best move at this point? Hmmmm, I know, I'll go to Nebraska and have a few pops!

     

    The level of stupid that is Dennard is astounding.

     

     

     

     
  8. You have chosen to ignore posts from RallyC. Show RallyC's posts

    Re: Blood Alcohol Level Announcement?

    In response to BabeParilli's comment:

     

    So, let's examine the thought process of Alf here.

     

    1. Let's see, I'm on probation and one more screwup puts me in the slammer and destroys my NFL career. What would be my best move at this point? Hmmmm, I know, I'll go out and have a few pops!

    2. Lets see, my team that took a chance on me is reeling from having a finger pointed at them because they gave a chance to a now accused murderer. What would be my best move at this point? Hmmmm, I know, I'll go out and have a few pops!

    3. Lets see, so I smacked a cop in Nebraska and have some jail time coming for that. What would be my best move at this point? Hmmmm, I know, I'll go to Nebraska and have a few pops!

     

    The level of stupid that is Dennard is astounding.

     

     

     

     


    If for no other reason BB should cut him because he isn't smart enough to know better. Too much risk with an idiot like this, regardless of his great talent. Period. And if he ends up walking, it will still serve as a strong message to the rest, Like Gronk "CUT THE SHYTE OR GO HOME. PUT THE NE PATRIOTS AHEAD OF YOUR FUN. THIS IS YOUR CARREER NOW, and not just a game anymore. Welcome to the NFL."

     

     
  9. You have chosen to ignore posts from Not-A-Shot. Show Not-A-Shot's posts

    Re: Blood Alcohol Level Announcement?

    In response to seattlepat70's comment:

    He may or may not be guilty of DUI. Regardless, the circumstance raises questions

    1) Without a breathalizer test confirming he was under the influence, what case does the police have against him?

    2) How does the court confirm whether he did not blow hard enough or this was a fabrication? Does the breathalizer print out a reading that says the subject did not blow hard enough? 

    3) Without proof, how can the court find him guilty of DUI? Does the court simply take the police's word on this? Wouldn't that be dangerous in general? Even more so when the police may have beef against the one accused?

    I am not saying Dennard is not guilty of DUI. Nor am I defending is actions if he was. I am just asking how strong a case does the police actually have in this case?



    In many states, refusing the test is treated as an admission of guilt.  Why else would someone refuse it?

     
  10. You have chosen to ignore posts from seattlepat70. Show seattlepat70's posts

    Re: Blood Alcohol Level Announcement?

    In response to Not-A-Shot's comment:

    In response to seattlepat70's comment:

    [QUOTE]

     

    He may or may not be guilty of DUI. Regardless, the circumstance raises questions

    1) Without a breathalizer test confirming he was under the influence, what case does the police have against him?

    2) How does the court confirm whether he did not blow hard enough or this was a fabrication? Does the breathalizer print out a reading that says the subject did not blow hard enough? 

    3) Without proof, how can the court find him guilty of DUI? Does the court simply take the police's word on this? Wouldn't that be dangerous in general? Even more so when the police may have beef against the one accused?

    I am not saying Dennard is not guilty of DUI. Nor am I defending is actions if he was. I am just asking how strong a case does the police actually have in this case?

     



    In many states, refusing the test is treated as an admission of guilt.  Why else would someone refuse it?

     

    [/QUOTE]

    Is that an unwritten rule that cops apply? What state does not say in its laws that you may refuse to take the breathalizer?

     
  11. You have chosen to ignore posts from FrnkBnhm. Show FrnkBnhm's posts

    Re: Blood Alcohol Level Announcement?

    In response to seattlepat70's comment:

    In response to Not-A-Shot's comment:

    [QUOTE]

     

    In response to seattlepat70's comment:

     

    [QUOTE]

     

     

    He may or may not be guilty of DUI. Regardless, the circumstance raises questions

    1) Without a breathalizer test confirming he was under the influence, what case does the police have against him?

    2) How does the court confirm whether he did not blow hard enough or this was a fabrication? Does the breathalizer print out a reading that says the subject did not blow hard enough? 

    3) Without proof, how can the court find him guilty of DUI? Does the court simply take the police's word on this? Wouldn't that be dangerous in general? Even more so when the police may have beef against the one accused?

    I am not saying Dennard is not guilty of DUI. Nor am I defending is actions if he was. I am just asking how strong a case does the police actually have in this case?

     

     



    In many states, refusing the test is treated as an admission of guilt.  Why else would someone refuse it?

     

     

     

    [/QUOTE]

    Is that an unwritten rule that cops apply? What state does not say in its laws that you may refuse to take the breathalizer?

     

    [/QUOTE]

    In most states refusing to take a breathalyzer (which not blowing hard enough to register a valid sample counts as) is enough to get you arrested and your license suspended. It iscalled imsons consequentand when you get a license it is something you agree to. Next timethou renew your license read the full form. You agree to submit to blood alcohol and field sobriety tests. If you refuse that carries it's own penalties, often the same as an actual DUI. 

    The fact is, intentionally not blowing properly for the test is probably a violation of his probation.

     
  12. You have chosen to ignore posts from soxrockursox. Show soxrockursox's posts

    Re: Blood Alcohol Level Announcement?

    In response to russgriswold's comment:

     

    In response to CatfishHunter's comment:

     

    In response to russgriswold's comment:

     

     

    NFL.com's Ian Rapoport reported that Dennard attempted to blow for a breathalyzer test at least twice, according to a source who had heard specifics of Dennard's side of the incident. The source said that Dennard's attempts to take the test didn't work because Dennard was deemed to have been blown hard enough to meet qualifications. The number he blew was believed to be below the legal limit. He was not asked to take a blood test.

     

     



    Wow.  That quote is both grammatically challenged and ... how do I put this ... what gender was the officer submitting the test?

     

     

     

     

    Lol

     

    I am not sure that really changes the idea they didn't take blood.  if there is suspicion, you take blood. They have nothingto donate to court proceedings.  Suspicion and no blood drawn leaves nothing for the prosecution.  Unless we're not being told something else.

     

     




    They cant take a blood test unless the person in question consents to it.

     

     
  13. You have chosen to ignore posts from BostonSportsFan111. Show BostonSportsFan111's posts

    Re: Blood Alcohol Level Announcement?

    In response to soxrockursox's comment:

    In response to russgriswold's comment:

     

    In response to CatfishHunter's comment:

     

    In response to russgriswold's comment:

     

     

    NFL.com's Ian Rapoport reported that Dennard attempted to blow for a breathalyzer test at least twice, according to a source who had heard specifics of Dennard's side of the incident. The source said that Dennard's attempts to take the test didn't work because Dennard was deemed to have been blown hard enough to meet qualifications. The number he blew was believed to be below the legal limit. He was not asked to take a blood test.

     

     



    Wow.  That quote is both grammatically challenged and ... how do I put this ... what gender was the officer submitting the test?

     

     

     

     

    Lol

     

    I am not sure that really changes the idea they didn't take blood.  if there is suspicion, you take blood. They have nothingto donate to court proceedings.  Suspicion and no blood drawn leaves nothing for the prosecution.  Unless we're not being told something else.

     

     




    They cant take a blood test unless the person in question consents to it.

     



    This is not always true either. Yahoo had this up just the other day.

    http://www.youtube.com/watch?v=s8zYrLJGjM4

     

     

     
  14. You have chosen to ignore posts from soxrockursox. Show soxrockursox's posts

    Re: Blood Alcohol Level Announcement?


    That video is just insane ,What state was that in?

     
  15. You have chosen to ignore posts from Not-A-Shot. Show Not-A-Shot's posts

    Re: Blood Alcohol Level Announcement?

    In response to seattlepat70's comment:


    Is that an unwritten rule that cops apply? What state does not say in its laws that you may refuse to take the breathalizer?



    If it weren't a law, no one would ever take the breathalyzer.

     
  16. You have chosen to ignore posts from soxrockursox. Show soxrockursox's posts

    Re: Blood Alcohol Level Announcement?

     

    It's never a good idea to drive drunk -- it puts people's lives in danger. But just because you did something wrong, doesn't mean you should give up your right to refuse a breathalyzer test, right?

    Not exactly.

    So let's get down to it: Are you legally allowed to refuse to take a breathalyzer?

    While you might be hoping that the answer is "it depends on your state," it's actually the opposite.

    In every state, refusing to take a breathalyzer is allowed, but it's also grounds for punishment. That's because of "implied consent" laws.

    All states have adopted this law in some form and with varying penalties. In essence, the law forces drivers to consent to all field sobriety and chemical tests as a condition to being given a driver's license. There's no way to get around it. If you want to be a licensed driver, you have to consent.

    The penalties for refusing differ across the country. Typically though, drivers can be fined around $500 and/or even jailed. In most states, refusal results in an automatic license suspension for generally about six months.

    But the fun doesn't end there. As with most crimes, the punishment tends to create a ripple effect across one's life. In this case, a suspended license could cause your car insurance company to cancel your policy. And at the very least, your rates will likely go up.

    It's also important to note that refusing a breathalyzer test won't necessarily save you from a DUI. Prosecutors can use other evidence, like the officer's observations and a failed field sobriety test, to convict suspects.

    Related Resources:

     
  17. You have chosen to ignore posts from soxrockursox. Show soxrockursox's posts

    Re: Blood Alcohol Level Announcement?

     

    Nebraska DWI/DUI: Refusal to Take a Blood, Breath or Urine Test

    Books MORE >> Beat Your Ticket Beat Your Ticket The Criminal Law Handbook The Criminal Law Handbook  Represent Yourself in Court Represent Yourself in Court   Free Legal Information  

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    In Nebraska, if you get pulled over for a DWI and the officer asks you to take a blood, breath or urine test, do you have to take one? What happens if you refuse?

    Implied Consent

    Nebraska law requires you to take a blood, breath or urine test if you are arrested for a DWI. Nebraska’s “implied consent” law says that if you are lawfully arrested by an officer who has probable cause to believe that you have been driving while intoxicated, then you consent to taking a chemical test of your blood, breath or urine for the purpose of determining your blood alcohol content (BAC). The test must be taken as soon as possible from when you were last driving.

    Nebraska law also allows for a preliminary blood or breath test before you are arrested. This works like a field sobriety test. The officer can use the results to establish probable cause that you have been driving while intoxicated. If the results are above the legal limit, then the officer can arrest you and ask you to submit to another chemical test. It will not help you to refuse to take this test because the officer can arrest you for doing so. Then you will be in the same situation as if you had submitted to the preliminary test in the first place - the officer can request another chemical test that you cannot refuse without penalty.

    You could be arrested for a DWI even if you are not driving. If you have actual, physical control of the vehicle while under the influence, then that can be enough for an officer to arrest you. Generally, actual physical control means you are in the car and could make it move. This rule does not apply, however, to private property. So you could drink beer in your car while the car is parked in your driveway. To read more about where DWI laws apply, see the case State v. McCabe, 282 Neb. 500 (2011). You may need to go to a Nebraska law library to find this case.

    You can read Nebraska’s implied consent law in Nebraska Revised Statute 60-6,197 and about the preliminary tests in Nebraska Revised Statute 60-6,197.04.

    Refusing to Take the Test

    Once you are arrested, the officer should tell you that refusing to take a test is a crime that carries its own penalties. The penalty for refusal is suspension of your license for 90 days. This suspension is in addition to any consequence you may face if you are later found guilty of a DWI – even without evidence of the test. If the officer does not tell you this, then the state cannot punish you for refusing. You can’t try to stop the officer from telling you this, however. One driver tried repeatedly screaming, “I don’t understand!” while the officer explained the penalties. Although this driver was not forced to take a chemical test, the court convicted him of refusal. You can read about this in the case State v. Green, 470 N.W.2d 736 (1991).

    In most situations, if you refuse to take a mandatory blood, breath or urine test, then you cannot be forced to do so. There are exceptions, however. An officer can order a test without asking you first if you are involved in an accident, even if you are rendered unconscious or dead.

    You can read about the penalties for refusal in Nebraska Revised Statute 60-6,211.02.

    Should You Refuse to Take a Mandatory DWI Test in Nebraska?

    It usually does not help you to refuse to take a blood or breath test when you are arrested for a DWI.  In Nebraska, the penalty for DWI includes suspension of your license, jail time and fines. This is more severe than a suspension of your license for refusal. Refusing the test, however, does not guarantee that you won’t be convicted. You can still be found guilty of a DWI even if your refusal means that the state does not have proof that your BAC was over .08%, the legal limit for those over 21. In fact, the prosecution can use your refusal against you by arguing that you refused the test because you knew that you were intoxicated and guilty of DWI.

    Get Help With Your DWI

    If you have been arrested on a DWI charge in Nebraska or any other state, get help from an experienced DWI attorney.  Unlike other traffic related charges, which might be worth fighting without a lawyer, conviction for a DWI has serious consequences – especially if the incident involved injury to people or property, or if it’s your second or subsequent DWI. To avoid or reduce the consequences, your best bet is to find an attorney who knowledgeable about your state’s laws and about how the system works in your county’s court.

     

    by: Teresa Wall-Cyb

     
  18. You have chosen to ignore posts from soxrockursox. Show soxrockursox's posts

    Re: Blood Alcohol Level Announcement?

     

    DUI vs DWI? What Is the Difference Between DUI and DWI?

    By Buddy T, About.com Guide

    Updated September 28, 2012

    About.com Health's Disease and Condition content is reviewed by the Medical Review Board

    See More About: Drunk Driving Test

    Drunk Driving Test

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    DUI is an acronym for driving under the influence. DWI stands for driving while intoxicated. In some cases, depending on state law, the two terms are both used to describe impaired or drunken driving. Some state laws refer to it as DUI and others call it DWI.

    However, in states where both terms are used, DWI usually refers to driving while intoxicated of alcohol, while DUI is used when the driver is charged with being under the influence of alcohol or drugs.

    Both charges mean the arresting officer has reason to believe the driver is too impaired to continue to drive. In some jurisdictions, drivers can be charged with impaired driving (or driving under the influence) even if they do not meet the blood alcohol concentration levels for legal intoxication.

    If you are in need of immediate medical care, we encourage you to visit your nearest emergency room.

    We largely depend on updates from center personnel. If you would like to report a change to the information on this page, please fill out this form

     
  19. You have chosen to ignore posts from soxrockursox. Show soxrockursox's posts

    Re: Blood Alcohol Level Announcement?


    Rusty do your homework and stop being a troll .Check your facts before typing.So as you see in the articles above DWI and DUI are the same your IQ just dropped.lol

     
  20. You have chosen to ignore posts from csylvia79. Show csylvia79's posts

    Re: Blood Alcohol Level Announcement?

    In response to russgriswold's comment:

    In response to Not-A-Shot's comment:

    [QUOTE]

     

    In response to seattlepat70's comment:

    [QUOTE]

     

     

    He may or may not be guilty of DUI. Regardless, the circumstance raises questions

    1) Without a breathalizer test confirming he was under the influence, what case does the police have against him?

    2) How does the court confirm whether he did not blow hard enough or this was a fabrication? Does the breathalizer print out a reading that says the subject did not blow hard enough? 

    3) Without proof, how can the court find him guilty of DUI? Does the court simply take the police's word on this? Wouldn't that be dangerous in general? Even more so when the police may have beef against the one accused?

    I am not saying Dennard is not guilty of DUI. Nor am I defending is actions if he was. I am just asking how strong a case does the police actually have in this case?

     

     



    In many states, refusing the test is treated as an admission of guilt.  Why else would someone refuse it?

     

     

     

    [/QUOTE]

    Umm, maybe because states a VERY sneaky and have different, irrational levels? Colorado has .05, for example.  As long as states play games, if I am in a state where I don't know the limit, traveling out of town for example, yes, I might refuse it and ask why I was pulled. If I don't like the answer as to why I was pulled over to begin with, you can bet your asz I am refusing it. 

     

    That's one reason I would. It should be illegal for any state to bring it below .08.   .05 for someone of my height and weight to go past .05 is two pints of beer in an maybe an hour. I am not drunk or anywhere near impaired after a couple of pints of beer.

     

    [/QUOTE]

    Can you fix your grammar before you call out others!

     
  21. You have chosen to ignore posts from soxrockursox. Show soxrockursox's posts

    Re: Blood Alcohol Level Announcement?

    In response to russgriswold's comment:

    In response to soxrockursox's comment:

     


    Rusty do your homework and stop being a troll .Check your facts before typing.So as you see in the articles above DWI and DUI are the same your IQ just dropped.lol

     




    Ummm, what?  Me asking questions here means I didn't do my homework?  bawhaha

     

    You're a moron especially if you really are in your mid 30s. Look at your grammar and spelling. Embarrassing.

    Hey, howcome Dennard hasn't been released? Should every team release a player for "suspicion" of DUI now?

    My IQ is fantastic, certainly better than yours.  See, my parents aren't inbreds like yours. Helps.




    lmao so your the only one who can have typos  just funny .I never said they should or shouldn't release him .I was talking about you saying dui and dwi were different but there not.as for your remark above about states and the legal limits its the law and we have to obey them even if we like them or not.

     
  22. You have chosen to ignore posts from FrnkBnhm. Show FrnkBnhm's posts

    Re: Blood Alcohol Level Announcement?

    In response to russgriswold's comment:

    In response to Not-A-Shot's comment:

    [QUOTE]

     

    In response to seattlepat70's comment:

    [QUOTE]

     

     

    He may or may not be guilty of DUI. Regardless, the circumstance raises questions

    1) Without a breathalizer test confirming he was under the influence, what case does the police have against him?

    2) How does the court confirm whether he did not blow hard enough or this was a fabrication? Does the breathalizer print out a reading that says the subject did not blow hard enough? 

    3) Without proof, how can the court find him guilty of DUI? Does the court simply take the police's word on this? Wouldn't that be dangerous in general? Even more so when the police may have beef against the one accused?

    I am not saying Dennard is not guilty of DUI. Nor am I defending is actions if he was. I am just asking how strong a case does the police actually have in this case?

     

     



    In many states, refusing the test is treated as an admission of guilt.  Why else would someone refuse it?

     

     

     

    [/QUOTE]

    Umm, maybe because states a VERY sneaky and have different, irrational levels? Colorado has .05, for example.  As long as states play games, if I am in a state where I don't know the limit, traveling out of town for example, yes, I might refuse it and ask why I was pulled. If I don't like the answer as to why I was pulled over to begin with, you can bet your asz I am refusing it. 

     

    That's one reason I would. It should be illegal for any state to bring it below .08.   .05 for someone of my height and weight to go past .05 is two pints of beer in an maybe an hour. I am not drunk or anywhere near impaired after a couple of pints of beer.

     [/QUOTE]


    You are not allowed to refuse it. In just about every state there is something called "Implied Consent" basically in the fine print when you get a license you agree that you will take a test if suspected of DUI or DWI. In fact, in many states according to state laws simply driving a car implies consent for the tests.

    Refusing to take the test, can result in suspension of your license, and in plenty of cases guys people are convicted of DUI without any sort of BAC test result.

    The bigger issue for Dennard is that probation is a fickle thing. Even if he is found not guilty or never actually charged with DUI, simply getting into the mess in the first place could be enough to have his probation revoked and his sentence changed. It will not be until after his August 12th court date that we will know that stuff.

     
  23. You have chosen to ignore posts from BabeParilli. Show BabeParilli's posts

    Re: Blood Alcohol Level Announcement?

    In response to russgriswold's comment:

     

     

    That's one reason I would. It should be illegal for any state to bring it below .08.   .05 for someone of my height and weight to go past .05 is two pints of beer in an maybe an hour. I am not drunk or anywhere near impaired after a couple of pints of beer.

     



    Don't feel bad dumbkoff, Napoleon couldn't handle his liquor either.

     
  24. You have chosen to ignore posts from BabeParilli. Show BabeParilli's posts

    Re: Blood Alcohol Level Announcement?

    In response to russgriswold's comment:

     

     

    My IQ is fantastic




    I can agree with this. You having a high IQ is obviously pure fantasy.

     



     
  25. You have chosen to ignore posts from seattlepat70. Show seattlepat70's posts

    Re: Blood Alcohol Level Announcement?

    In response to FrnkBnhm's comment:

    In response to seattlepat70's comment:

    [QUOTE]

     

    In response to Not-A-Shot's comment:

     

    [QUOTE]

     

     

    In response to seattlepat70's comment:

     

     

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    He may or may not be guilty of DUI. Regardless, the circumstance raises questions

    1) Without a breathalizer test confirming he was under the influence, what case does the police have against him?

    2) How does the court confirm whether he did not blow hard enough or this was a fabrication? Does the breathalizer print out a reading that says the subject did not blow hard enough? 

    3) Without proof, how can the court find him guilty of DUI? Does the court simply take the police's word on this? Wouldn't that be dangerous in general? Even more so when the police may have beef against the one accused?

    I am not saying Dennard is not guilty of DUI. Nor am I defending is actions if he was. I am just asking how strong a case does the police actually have in this case?

     

     

     



    In many states, refusing the test is treated as an admission of guilt.  Why else would someone refuse it?

     

     

     

     

     

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    Is that an unwritten rule that cops apply? What state does not say in its laws that you may refuse to take the breathalizer?

     

     

     

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    In most states refusing to take a breathalyzer (which not blowing hard enough to register a valid sample counts as) is enough to get you arrested and your license suspended. It iscalled imsons consequentand when you get a license it is something you agree to. Next timethou renew your license read the full form. You agree to submit to blood alcohol and field sobriety tests. If you refuse that carries it's own penalties, often the same as an actual DUI. 

     

    The fact is, intentionally not blowing properly for the test is probably a violation of his probation.

    [/QUOTE]

    Thanks for the insight.

     
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