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Best thing about getting a DUI is that, losing your privileges for 6-12 mos., you can drink every single minute you feel like it. You're never gonna be responsible for driving home. So why not get drunk as often as you want? When I was suspended in NJ and went to visit my folks, I had to drive to New Hope, PA and my folks came across the bridge and one of them drive my Carrera home with me in the passenger seat. Yeah, that was some punishment. |
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Submit motherfkers. |
That does it. From now on I'm not having beer or wine with my dinner. I'm going with HEROIN!
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you can refuse to blow in Germany..
no biggie.. Franz will take you to the nearest ER.. were they will take a sample.. cry all you want.. its STFU... and if over the limit.. your driving days are over for a very long time.. Rika |
Stallworth pleads guilty, gets 30 days in jail
AP – By CURT ANDERSON, AP Legal Affairs Writer – 19 mins ago MIAMI – Cleveland Browns wide receiver Donte' Stallworth is going to serve 30 days in jail after pleading guilty in Florida to a DUI manslaughter charge. The plea deal announced Tuesday calls for the 28-year-old Stallworth to also serve 10 years' probation and do 1,000 community service hours for killing a pedestrian he hit with his car. Stallworth had faced up to 15 years in prison. Police say Stallworth was drinking at a hotel bar before the March 14 crash that killed 59-year-old construction worker Mario Reyes. Tests showed Stallworth's blood-alcohol content was .126. Stallworth also reached a confidential financial settlement with the Reyes' family. A person close to the negotiations told The Association Press about the agreement on the condition of anonymity because they were not authorized to talk about the deal. THIS IS A BREAKING NEWS UPDATE. Check back soon for further information. AP's earlier story is below. MIAMI (AP) — Cleveland Browns wide receiver Donte' Stallworth has agreed to plead guilty to DUI manslaughter charges Tuesday, and reached a financial settlement with the family of the pedestrian he struck and killed in a March car crash, a person with knowledge of the deal said. The person spoke on condition of anonymity to The Associated Press because they were not authorized to talk about the settlement. The person said the terms of the agreement are confidential but will avoid a potential wrongful death lawsuit from the family of 59-year-old Mario Reyes. Stallworth, 28, is expected to receive a short jail sentence and a lengthy term of probation if his plea deal is accepted by Miami-Dade Circuit Judge Dennis Murphy. Miami Beach police said Stallworth was drinking at the swank Fontainebleau hotel bar before the March 14 crash. He left to go to a nearby home — he owns three properties in the Miami area — in his black 2005 Bentley on MacArthur Causeway, which links the beach to downtown Miami. Prosecutors say Stallworth hit Reyes, a construction crane operator who was rushing to catch a bus after finishing his shift around 7:15 a.m. Stallworth told police he flashed his lights in an attempt to warn Reyes, who was not in a crosswalk when he was struck. A spokeswoman for the Miami-Dade State Attorney's Office said Reyes' family has been pushing hard to resolve the case. "We have been in intense negotiations for the past couple of days," spokeswoman Terry Chavez said. "We always take the victim's wishes into account." Stallworth had faced up to 15 years in prison on the DUI manslaughter charge, but the plea deal calls for far less time. Stallworth had a blood-alcohol level of .126 after the crash, well above Florida's .08 limit. Stallworth has also has cooperated with investigators and issued a statement shortly after the crash expressing sympathy for Reyes' family. Stallworth stopped after the crash and immediately told officers he had hit Reyes. Police estimated Stallworth was driving about 50 mph in a 40 mph zone. Stallworth signed a seven-year, $35 million contract with the Browns before last season but was injured much of the year. He also has played for New England, Philadelphia and New Orleans. The National Football League has said it will review the matter for possible disciplinary action after the legal case is completed. David Cornwell, a Stallworth attorney handling the NFL situation, said he has kept top league officials apprised of the case. "Whenever it is appropriate to do so, we are prepared to discuss the circumstances under which Donte' will resume his career," Cornwell said. ------ Justice is served. |
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the grieving family is recovering at the local Benz dealership as I type.. |
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There are a lot of factors involved in "intoxication" and mental abilities. I've been more "drunk" off low bood sugar/no sleep/one beer than a six-pack. Banning cell-phones and radios and setting speed govenors at 70mph would statistically be more effective at reducing highway deaths (notice I didn't say "popular"). At the same time manufactures are selling GPS, movie systems, and other distractions as fast as they can. The public always wants a simple solution to "fix" the problem. That solution would be draconian technological governmental oversight which would be easily sidestepped, thus leading to even more oversight. Either that or prohibition. |
Teaching idiots out there how to drive (starting by teaching them to maintain a constant speed) would save far more lives than either DUI enforcement OR speed enforcement.
Speed doesn't kill. A difference between vehicle speeds on the same piece of road kills. If you got the overly-aggressive types who think it's their god-given right to whip in and out of lanes cutting people off doing 30+ MPH over the limit off the road, along with the "rolling asphalt plugs" who think it's hunky-dory to park their behemoth in the left lane doing exactly the speed limit (or under it), you'd make the roads far safer. Of course the whole "save our children from drunk drivers" thing is far more eye-catching and gets the attention of all the overprotective parental types out there though. |
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What's the deal? Does it go up for a period of time and then begin to drop off? |
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I've heard you peak 45 min. or so after your last drink. But I'd only ever submit to a breathalyzer if I knew 100% I would pass it. Problem is whether the state you're in allows the BAC reading (depending on how it was obtained) to be calculated back to when you were stopped or, if you can drag it out for two hours, they allow the reading at the time blood is drawn.
There is a judge in Fairfax Co., VA who tossed out a bunch of DUI cases based on BAC's because the law reads "a person whose BAC is .08 or higher shall be presumed guilty of xxx." Judge had a big problem with that wording and tossed the cases in order to get the challenges started. I don't know what ever happened with that. But a few guilty as sin drunk drivers walked scot free. |
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As to the original post, in Pa, as most states, a refusal gets you a 1yr license suspension. Cops can still charge you with dui, just have to prove it common law-by testifying as to their observation.
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Most LEO's cite you for both just in case your brilliant lawyer gets tests results thrown out they can fall back to CL DUI. Would seem to violate double jeopardy but SCOTUS has ruled it is merely two different ways of proving the same crime. FWIW, 99% of the blood tests I've seen are higher than the breath tests when both are given. |
I simply don't understand how requiring a blood test without a warrant is not an "unreasonable search and seizure".
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Even if you don't like it, the Constitution is working. |
I think the Founding Fathers would be horrified that someone could be compelled to provide evidence against themselves from within their own bodies without a warrant.
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