KCP arrested for DUI

[BadMofoPimp]

I have a friend and his wife who like to stop by the local establishment after work for happy hour about every other day. Even though it is only a few miles, they take Uber both ways. It is $5.60 each way. Well worth it.

I stop by my local watering hole pretty regularly after work and generally have three drinks in the span of an hour or so then go home--a whopping 3/4 of a mile away. I'd probably blow 0.08 or higher but I would describe myself as slightly buzzed at worst, and the whole drive is right turn out of the parking lot, right turn at the light 1/4 mile away, left turn onto my street 1/2 mile after that.

DUI punishments are crazy nowadays. I gave up that whole going out to the bar on Friday/Saturday night, partying it up, and driving home a LONG time ago. Now if I want to get social on a Friday/Saturday night I get one of my kids to drop me off/pick me up at one of the local hangouts (yes, they're all legal drivers. )

My rules of thumb...don't get hammered and don't be out late driving, and if you have to be out late driving, drink little to nothing. I sure as hell wouldn't drive home from even my local watering hole if I had had three drinks in the hour or so before the bar closed.

Micro-Brew fest?

[Manocad]

??? You seriously think that is how criminal law works in the US? If an officer gets on the stand and tells the judge he personally saw you do something, the chances of the judge believing you over him is about 0%. That's why most people take plea deals.

Exactly. This applies to Speeding tickets as well and that's not even near the severity of offense.

LOL
Then you two have never fought a speeding ticket and have no clue how criminal law works.

If you think "Yes, he blew 0.07 on the Datamaster but he was falling down drunk at the scene, although I have no clear evidence of that" will get a conviction over "I was cooperative, accomplished every task the field sobriety test required and blew below the legal limit in the evidentiary breath test," you don't know the law for squat. My word vs. your word doesn't always work for TRAFFIC TICKETS. It sure as hell doesn't work for crimes that require jail/prison time.

The government wants their money but they're not stupid. If it's not a slam dunk conviction on ANY charge that will get them some money, you walk.

[ComboGuardCity]

??? You seriously think that is how criminal law works in the US? If an officer gets on the stand and tells the judge he personally saw you do something, the chances of the judge believing you over him is about 0%. That's why most people take plea deals.

Exactly. This applies to Speeding tickets as well and that's not even near the severity of offense.

LOL
Then you two have never fought a speeding ticket and have no clue how criminal law works.

If you think "Yes, he blew 0.07 on the Datamaster but he was falling down drunk at the scene, although I have no clear evidence of that" will get a conviction over "I was cooperative, accomplished every task the field sobriety test required and blew below the legal limit in the evidentiary breath test," you don't know the law for squat. My word vs. your word doesn't always work for TRAFFIC TICKETS. It sure as hell doesn't work for crimes that require jail/prison time.

The government wants their money but they're not stupid. If it's not a slam dunk conviction on ANY charge that will get them some money, you walk.

If a cop shows up to traffic court and it's your word vs his, you are getting that ticket. Capitalized LOLs don't change that.
If you control for variables, for a criminal case such as a DUI, if a police officer under oath testifies and corrobates his report and the defendant has no evidence but his word, what do you think will happen?

[Manocad]

Exactly. This applies to Speeding tickets as well and that's not even near the severity of offense.

LOL
Then you two have never fought a speeding ticket and have no clue how criminal law works.

If you think "Yes, he blew 0.07 on the Datamaster but he was falling down drunk at the scene, although I have no clear evidence of that" will get a conviction over "I was cooperative, accomplished every task the field sobriety test required and blew below the legal limit in the evidentiary breath test," you don't know the law for squat. My word vs. your word doesn't always work for TRAFFIC TICKETS. It sure as hell doesn't work for crimes that require jail/prison time.

The government wants their money but they're not stupid. If it's not a slam dunk conviction on ANY charge that will get them some money, you walk.

If a cop shows up to traffic court and it's your word vs his, you are getting that ticket. Capitalized LOLs don't change that.
If you control for variables, for a criminal case such as a DUI, if a police officer under oath testifies and corrobates his report and the defendant has no evidence but his word, what do you think will happen?

Wrong. I've fought two speeding tickets where the police officer testified that his radar gun wasn't functioning properly and he judged my speed relative to his speed (one time being behind me and the other time coming the other direction; that one was a laugh) and they were both dismissed.

Relative to a DUI, now you're changing the narrative. Corroboration is evidence other than a single person's testimony. Again, you say a DUI conviction can be achieved based on officer's testimony, no other evidence, and a Datamaster BAC below the limit. Prove it. And we're not talking about plea downs.

What you keep glossing over is the statement "the prosecution must prove that alcohol impaired your ability to drive" even in the instance that your BAC was below the legal limit. Visibly impaired requires proof beyond an officer's testimony. If an officer's testimony that he saw something happen was considered enough proof for a conviction, we wouldn't need dash cams, investigations, forensic science, etc.

[Manocad]

Regardless, this debate is moot. KCP blew above the limit at the scene, which qualifies as reason for arrest and a charge, and above the limit at the station which qualifies as evidence for a conviction.

And I'll bet my house right now that because it was a first offense, no one got hurt, KCP was barely above the limit, he's a good guy and has the money to hire an attorney who's familiar with or even buds with the judge, his case will get plead down to the minimal charge that the media wouldn't blow a gasket over.

[BadMofoPimp]

Well, maybe now the Pistons can resign KCP without having to give him the max.

[Manocad]

I have a friend and his wife who like to stop by the local establishment after work for happy hour about every other day. Even though it is only a few miles, they take Uber both ways. It is $5.60 each way. Well worth it.

I stop by my local watering hole pretty regularly after work and generally have three drinks in the span of an hour or so then go home--a whopping 3/4 of a mile away. I'd probably blow 0.08 or higher but I would describe myself as slightly buzzed at worst, and the whole drive is right turn out of the parking lot, right turn at the light 1/4 mile away, left turn onto my street 1/2 mile after that.

DUI punishments are crazy nowadays. I gave up that whole going out to the bar on Friday/Saturday night, partying it up, and driving home a LONG time ago. Now if I want to get social on a Friday/Saturday night I get one of my kids to drop me off/pick me up at one of the local hangouts (yes, they're all legal drivers. )

My rules of thumb...don't get hammered and don't be out late driving, and if you have to be out late driving, drink little to nothing. I sure as hell wouldn't drive home from even my local watering hole if I had had three drinks in the hour or so before the bar closed.

Micro-Brew fest?

Hmm...not hammered and not out late.