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Re: Can you be convicted of DWI with a low blood alchohol level? [ In reply to ]
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I thought DUI/DWI was one of the most common things that get thrown out that are of a more serious nature than just a speeding ticket?

The militancy, within good reason, of MAAD has driven this.......but it has also driven an industry of litigation and people getting off the hook when they shouldn't also. So, folks who were likely fine getting railroaded and folks who clearly weren't getting off.

Can anyone in that field say anything about that observation? Just seems that way on the outside.
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Re: Can you be convicted of DWI with a low blood alchohol level? [spockwaslen] [ In reply to ]
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Early in my career I would drive home after being up all night in the emerg seeing pts.

This is how my teammate Matt and friend Kristy were killed in 2009 - a sheriff's deputy that had worked overnight was driving home in NorCal, dozed off and drifted across the road and hit 4 people on a training ride. Matt died instantly. Kristy died at the Stanford Med. The other two guys were injured but survived.

clm
Nashville, TN
https://twitter.com/ironclm | http://ironclm.typepad.com
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Re: Can you be convicted of DWI with a low blood alchohol level? [50+] [ In reply to ]
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50+ wrote:
chriskal wrote:
OneGoodLeg wrote:
G-man wrote:
Field sobriety tests on old people is pretty bias. I have really crappy ankles from running and an old ankle sprain in college. When you are over 65 your balance skills aren't as good as they once were. I have volunteered a couple times for field sobriety training with the police since I have been over 60. I really have trouble standing on my tiptoes and not wobbling all over the place. I can flunk the balance test with the best of the drunks, stone cold sober. I also have trouble walking toe to toe like on a tight rope that I didn't used to have. I think LEOs are figuring that out with old futs like me.


This is pretty much what my first thought was. Boss is over 70, isn’t he? At that age, many/most folks are plenty wobbly even under ideal conditions.


The original clinical research that led to the NHTSA certified SFST’s (WAT, OLS) stated that people over 65 could have difficulties performing the tests and the training manual warns of false positives on folks 65 and older. Bruce’s attorney knows all this.

I also didn’t see that they requested or obtained a warrant for a blood draw or had a DRE involved in the investigation. Good luck proving he was high without at least one and probably both of those.


It is well documented, Springsteen has never used drugs.

It's also well known that Bruce is not a drinker. Never has been, unless something has changed over the past few years. So what if he was hammered on two shots of Tequila? He was following the law when he only had two drinks. If he was in the condition the Park Ranger says he was, it sounds like he was loaded. But with no video proof, is he guilty.

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''Sweeney - you can both crush your AG *and* cruise in dead last!! 😂 '' Murphy's Law
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Re: Can you be convicted of DWI with a low blood alchohol level? [Sweeney] [ In reply to ]
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Sweeney wrote:
50+ wrote:
chriskal wrote:
OneGoodLeg wrote:
G-man wrote:
Field sobriety tests on old people is pretty bias. I have really crappy ankles from running and an old ankle sprain in college. When you are over 65 your balance skills aren't as good as they once were. I have volunteered a couple times for field sobriety training with the police since I have been over 60. I really have trouble standing on my tiptoes and not wobbling all over the place. I can flunk the balance test with the best of the drunks, stone cold sober. I also have trouble walking toe to toe like on a tight rope that I didn't used to have. I think LEOs are figuring that out with old futs like me.


This is pretty much what my first thought was. Boss is over 70, isn’t he? At that age, many/most folks are plenty wobbly even under ideal conditions.


The original clinical research that led to the NHTSA certified SFST’s (WAT, OLS) stated that people over 65 could have difficulties performing the tests and the training manual warns of false positives on folks 65 and older. Bruce’s attorney knows all this.

I also didn’t see that they requested or obtained a warrant for a blood draw or had a DRE involved in the investigation. Good luck proving he was high without at least one and probably both of those.


It is well documented, Springsteen has never used drugs.


It's also well known that Bruce is not a drinker. Never has been, unless something has changed over the past few years. So what if he was hammered on two shots of Tequila? He was following the law when he only had two drinks. If he was in the condition the Park Ranger says he was, it sounds like he was loaded. But with no video proof, is he guilty.

To be fair, I'm not sure its correct to say he is a non-drinker. It is true he was afraid of the stuff when he was younger because his father was a well known heavy drinker/alcoholic. But Bruce has certainly warmed to drinking over the years. Certainly not a hard core drunk, but I think probably your average guy or gal who likes to pound a few on occasion. I've seem him take a fan's full beer at a show and take it all the way down like a champ, so I don't think he is a rookie in the drinking department.

However, I am beginning to think his arrest is a bunch of bullshit especially since the rumor is he blew a .02
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Re: Can you be convicted of DWI with a low blood alchohol level? [spudone] [ In reply to ]
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spudone wrote:
Ironnerd wrote:
I am not from the US so this might be a dumb question. Why do you need to do a FST test at all? Why not get the driver to breathalyze straight away?


The influence / intoxication might not be from alcohol.

And it might be because he's old. I would think any decent lower will get him out of it.
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Re: Can you be convicted of DWI with a low blood alchohol level? [chriskal] [ In reply to ]
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Big Bruce fan. I've seen him up close a few times - most recently at his Broadway show. He's pretty lean but he's also a really small, frail looking older guy. I could totally see him (a) getting pretty liquored on a small amount of alcohol, or (b) struggling with sobriety tests even when sober.

Of course even if he's exonerated it's the arrest people will probably remember and hold against him. We've come quite a way from the days when getting fucked up was practically a requirement for being a real rock star.
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Re: Can you be convicted of DWI with a low blood alchohol level? [wbp] [ In reply to ]
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Re: Can you be convicted of DWI with a low blood alchohol level? [Sweeney] [ In reply to ]
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A couple of thoughts.

It seems that the bottom line is, yes, you can be convicted of DWI/DUI even if you’re not over the limit. The limit is there to make an easy assessment. If you’re over it, then it’s simple. If you’re under, you could still be impaired, just takes a little more to determine.

Second, the whole discussion about, maybe he doesn’t drink much, so two shots hits him harder,...screw that. He should be aware of his tolerance. If he’s old and alcohol hits him harder, or if he doesn’t drink much so alcohol hits him harder, it’s on him to take that into account so he’s not impaired when driving.

Third, I’m pretty sure it’s illegal to drink in a State Park in NJ.

Fourth, he was riding a motorcycle. For years of riding motorcycles, one thing I never did was drink anything alcoholic before riding. It takes much less to impair you on a two wheeled motorcycle than driving a car. You notice the impairment at a much lower level. Stupid move.

I don’t know if this cop/park ranger was being a dick. Bruce broke at least one law by drinking in the park. If he was driving recklessly or appeared impaired, that’s good reason to stop him. If he was sufficiently impaired that he couldn’t pass field sobriety tests, and he was riding a motorcycle, that to me would be dangerous. Could the cop have worked something out to give Bruce a courtesy ride and drop off, probably.

Slowguy

(insert pithy phrase here...)
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Re: Can you be convicted of DWI with a low blood alchohol level? [slowguy] [ In reply to ]
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He committed DWI and the people in here trying to defend him are extra. I actually know several people who are dead because of someone driving drunk.

Seriously, what's wrong with some of y'all?

Washed up footy player turned Triathlete.
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Re: Can you be convicted of DWI with a low blood alchohol level? [TheStroBro] [ In reply to ]
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TheStroBro wrote:
He committed DWI and the people in here trying to defend him are extra. I actually know several people who are dead because of someone driving drunk.

Seriously, what's wrong with some of y'all?


Sorry for your loss, but he only blew .02 well under the legal limit, so was he drunk? And to be clear if he was drunk of course it's bad but again you can't ignore the fact that he only blew .02, which for a male at 160 pounds is less than one drink.
Last edited by: 50+: Feb 15, 21 5:15
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Re: Can you be convicted of DWI with a low blood alchohol level? [50+] [ In reply to ]
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He could have been under the influence of some drug other than alcohol.
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Re: Can you be convicted of DWI with a low blood alchohol level? [jimatbeyond] [ In reply to ]
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jimatbeyond wrote:
He could have been under the influence of some drug other than alcohol.


True but it is well documented he never used drugs, could that have changed? maybe, maybe some kind of legal pain killer? But they didn't do a drug test so all we have is the alcohol and a 71 year old senior swaying which a lot of seniors tend to do.
Last edited by: 50+: Feb 14, 21 17:24
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Re: Can you be convicted of DWI with a low blood alchohol level? [Sweeney] [ In reply to ]
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Charges dropped against The Boss;

https://www.huffpost.com/entry/bruce-springsteen-drunken-driving-charge-dropped_n_60368041c5b6dfb6a735cffc


Go Bruce!

---------------------------
''Sweeney - you can both crush your AG *and* cruise in dead last!! 😂 '' Murphy's Law
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Re: Can you be convicted of DWI with a low blood alchohol level? [Sweeney] [ In reply to ]
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Sweeney wrote:
Charges dropped against The Boss;

https://www.huffpost.com/entry/bruce-springsteen-drunken-driving-charge-dropped_n_60368041c5b6dfb6a735cffc


Go Bruce!


I have no idea how he was charged in the first place, I could maybe understand if he blew a 04 or 05 but .02 is less than one drink.
Last edited by: 50+: Feb 24, 21 13:00
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Re: Can you be convicted of DWI with a low blood alchohol level? [50+] [ In reply to ]
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Wonder if Jeep brings the ad back or ditches it because of the negative publicity.

I have to admit that I tuned it out along with all the other preachy/cheery ads on the Super Bowl. We all know it has been awful 15 months - don't remind us while we're trying to escape it to watch a football game.
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Re: Can you be convicted of DWI with a low blood alchohol level? [ironclm] [ In reply to ]
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ironclm wrote:
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Early in my career I would drive home after being up all night in the emerg seeing pts.


This is how my teammate Matt and friend Kristy were killed in 2009 - a sheriff's deputy that had worked overnight was driving home in NorCal, dozed off and drifted across the road and hit 4 people on a training ride. Matt died instantly. Kristy died at the Stanford Med. The other two guys were injured but survived.

I don't know if this matters but I remember that. Matt Peterson and Kristy Gough.
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