Bradley message board reports ISU's Sampay arrested for DUI

[RoyalShock]

The problem is always going to be the fact that everyone is affected differently when drinking. As such, the legal limit must be set to work for those who require very little alcohol to be inebriated.

So, the law is the law. You can either choose to follow it, or put yourself at risk of getting a DUI.

[lemuel777]

I am a criminal defense lawyer who has represented a large number of DUI defendants over the last 20+ years and I think several points should be made: 1) I stand by my earlier post regarding skewed statistics for alcohol "related" accidents. 2)The legal limit is .080. Most people would not be substantially impaired at that level. 3)If you really want a DUI Old Town is one of the best places to drink. 4)The only true measure of intoxication is the amount of alcohol in one's brain, not blood or breath. 5) The vast majority of people I know have, at one time or another, violated the DUI law. 6) You are NOT guilty of DUI in Kansas if you are asleep in your car with the motor running. You must make an overt attempt to operate the vehicle. 7) The Intoxilyzer is NOT a very accurate contraption. Never hesitate to demand a blood test (they MUST give you one after you take a breath test. 8) rjl's earlier post is accurate, DUI laws are skewed toward prosecution and conviction. If you study the case law history of DUI's you will discover any number of freedoms everyone has lost. 9)for clarification, the minimum penalties for DUI are: 1st offense, 48 hours and $500 fine, 2nd offense is 5 days and $1,000 fine and third offense is 90 days and $1500. I personally would NOT recommend carrying a bottle of whiskey in your car to guzzle if you get stopped. Finally, keep in mind, there is only one surefire way to beat a DUI: don't drink and drive.

Thanks for the post. In the last 20+ years has the legal limit changed a whole lot?

[SpanglerFan316]

... are more of a danger to other drivers than me with my two beers

Cold: I assume you are a danger anytime you are awake. 8) (Especially when you are at a keyboard. ;-) )

[C0|dB|00ded]

... are more of a danger to other drivers than me with my two beers

Cold: I assume you are a danger anytime you are awake. 8) (Especially when you are at a keyboard. ;-) )

True. :D


T


...8)

[BOBB]

Public transportation is a joke leaving Old Town after the bars close on the weekend.

On the one hand, you've got taxi companies telling you there's a 2 - 3 hour wait when you call them.

On the other hand, you have police officers commanding you cease "loitering", go to your car, and leave Old Town.

I've had to walk home (College Hill) on several occasions.

I've had to hoof it to Midtown as well. Any way that you walk home from Old Town, you're definitely putting at least one life at risk.

Somebody made a good point earlier. I've gotten on the road and wished I hadn't after taking some Robitussin (not a whole bottle to be preemptive). What about all the people on Oxycontin, Lortab, Percoset, Zoloft, Prozac?????

[benishock]

The limit adopted by the legislature in 1982 was .10. It was changed in the mid to late 90's when the Feds threatened to cut off highway funds to states that didn't lower their limit to .080

[tgcshock]

Could we please limit the "drinking discussion" to those who have actually had a drink in their life... rofl.

We have grown adults who actually believe that drinking a couple beers and driving in a responsible manner (eg. obeying the speed limit and not talking/texting on the cell phone) is endangering others...

I'll let you in on a little secret: When you partake of the demonic juice you don't automatically go blind and drive in a ditch. It takes quite a bit of drinking (at least for me) before one "feels" it.
I would surmise that those suffering from illness and "high" on over-the-counter cough medication, grandma/grandpa, and others on certain prescription drugs are more of a danger to other drivers than me with my two beers.


T


...8)

The problem of course is not that two beers make you drunk but rather that with all alcohol consumption driving ability is impaired before one "feels" anything. You may be fine. Most people probably are fine. Or most people may just think they are fine. Again, every individual is different. (And you are absolutely right. People ignore prescription drug warnings as much as they do driving after drinking and text messaging is while driving is dangerous too but the fact that other people do stupid things doesn't justify anything). The point is this. Yes, your personal happiness may be unfairly limited by DUI laws. However, the consequences of you making a wrong evaluation of how much your drinking has affected your reflexes is so potentially damaging that the law chooses to simply not care that much about your dinner plans.

[t7017s]

Seems to me we have this discussion every single time someone gets a dui. Seems to me everyone still thinks and feels the same about the subject. Call me captain obvious... I'm here to save you all from wasting your breathe for the nth time on this subject.

[tgcshock]

Seems to me we have this discussion every single time someone gets a dui. Seems to me everyone still thinks and feels the same about the subject. Call me captain obvious... I'm here to save you all from wasting your breathe for the nth time on this subject.

Well shoot, you're no fun! ;-)

[t7017s]

Seems to me we have this discussion every single time someone gets a dui. Seems to me everyone still thinks and feels the same about the subject. Call me captain obvious... I'm here to save you all from wasting your breathe for the nth time on this subject.

Well shoot, you're no fun! ;-)

I know I really am no fun at all. Honestly I personally get tired of threads like these because they become a big pile of steaming poo. It always ends up the same 5-10 people repeating their oppinion over and over again and nobody will just agree to disagree. I think to many people in this world are way to concerned with others feelings and stances on things. Just have an oppinion and respect others. I think the saying that best describes this is the right to swing your fist ends where the others nose begins... Live and let live is another. Just because people differ doesnt mean they cant or shouldnt get along. These things seem to really get under peoples skin. This is the heart of what i feel is wrong with all sorts of things these days especially in the U.S. So many people becoming divided over stupid **** because everyone seems to think others buisness is theirs. Not that, that applies in regards to this thread besides the fact some people will never agree to disagree. Obviously if someone dies from driving when trashed or because someone else is that affects others in a significant way. I just think things are made to be to black and white and it divides us. I understand everyones point of view and agree with just about all of them. I also understand good solid debate about topics is healthy but htere just gets to be a point when only a few remain that wont let the issue go and then it can get a bit ugly. believing soemthing or feeling a particular way about something isnt wrong and I dont think its cool to berrate someone for their opinions. And thats how this stuff always seems to end. I hope some of that makes sense. And I'm not speaking of anyone in particular and mean no harm or to offend anyone taking part in this thread.

[Aargh]

You are NOT guilty of DUI in Kansas if you are asleep in your car with the motor running. You must make an overt attempt to operate the vehicle.

I hate to disagree with an attorney, but there are circumstances where this is not the case. Where you are can be evidence of a previous overt attempt to operate the vehicle.

If you're passed out in your car outside a bar with the engine running, you might be able to use "I never drove" as a defense. If you're on the side of a road or street, that's going to be evidence that you drove to get there.

In any traffic stop there are ways to increase your chances of not getting a ticket.

1) Never lie to the officer.

2) Keep both hands in plain sight on the top of your steering wheel. If you have to reach for registration, insurance, etc., tell the officer where you are reaching for and do it with one hand (preferably 2 fingers) while keeping the other hand on the wheel.

3) If the officer accuses you of doing something you are positive you did not do, be polite and explain that you do not think you did that. Give brief info on what you observed that's different than what he says he observed. It's not unusual for an officer to question you about something you didn't do to see if you were observing your own driving. Be right. See #1.

4) Do not argue with the officer. Be polite. Answer the questions asked briefly and accurately. Don't say anything other than answering questions or explaining reaching for requested items.

Your conversation with the officer is likely being recorded. It's likely to be introduced as evidence if you end up in court. If your speech is slurred, that's evidence. If the officer has to wake you up, that's evidence.

If you are courteous, speak clearly, cooperate fully, that's evidence. The officer knows that. The officer knows you are less likely to get a conviction from a traffic stop if you are fully cooperative.

You are less likely to get a ticket in a traffic stop if you are cooperative and non-threatening. Doesn't work all the time, but it works sometimes, so it's worth trying for a possible warning for a tag light out rather than a moving violation or worse.

[rZ]

I am a criminal defense lawyer who has represented a large number of DUI defendants over the last 20+ years and I think several points should be made: 1) I stand by my earlier post regarding skewed statistics for alcohol "related" accidents. 2)The legal limit is .080. Most people would not be substantially impaired at that level. 3)If you really want a DUI Old Town is one of the best places to drink. 4)The only true measure of intoxication is the amount of alcohol in one's brain, not blood or breath. 5) The vast majority of people I know have, at one time or another, violated the DUI law. 6) You are NOT guilty of DUI in Kansas if you are asleep in your car with the motor running. You must make an overt attempt to operate the vehicle. 7) The Intoxilyzer is NOT a very accurate contraption. Never hesitate to demand a blood test (they MUST give you one after you take a breath test. 8) rjl's earlier post is accurate, DUI laws are skewed toward prosecution and conviction. If you study the case law history of DUI's you will discover any number of freedoms everyone has lost. 9)for clarification, the minimum penalties for DUI are: 1st offense, 48 hours and $500 fine, 2nd offense is 5 days and $1,000 fine and third offense is 90 days and $1500. I personally would NOT recommend carrying a bottle of whiskey in your car to guzzle if you get stopped. Finally, keep in mind, there is only one surefire way to beat a DUI: don't drink and drive.

Benishock...It was a well known criminal defense attorney here in town who told me that you can swish beer around your mouth, spit it out and still blow over the limit for more than an hour. Would you agree with that statement?

Its not that I dont believe what this person said, its more that he is so full of s**t that he has himself fooled.

[t7017s]

Hey not that i want to drag this out any further but do any of the lawyers taking part in this conversation know if the penny trick works? Ive had two friends who sucked on a bunch of change before being given the test and they passed. both were well beyond wasted. barely able to walk wasted. not to give anyone any ideas. That was back in the late 90s though and who knows if the breathilizers have had advances. I'd have to assume they have.

[C0|dB|00ded]

Hey not that i want to drag this out any further but do any of the lawyers taking part in this conversation know if the penny trick works? Ive had two friends who sucked on a bunch of change before being given the test and they passed. both were well beyond wasted. barely able to walk wasted. not to give anyone any ideas. That was back in the late 90s though and who knows if the breathilizers have had advances. I'd have to assume they have.

I found this link to be humorous and more than slightly disgusting in regards to breathalyzer particulars...

http://www.associatedcontent.com/article/78667/the_secret_to_fooling_a_breathalyzer.html

T


...8)

[benishock]

rZ--I don't know abput the scene you describe but I have seen demonstrations where a person took the test, measured zero, swished some whiskey around in his mouth and, ten minutes later, still registered over .200. I've also seen a demonstration where a person registered positive after eating a slice of bread. To t7017s-- no, I don't think the penny trick works and I don't know of any tricks like that that do work. To aargh---when the police find someone in their car as you describe, the police do have some problems. First, it is entirely possible that the peson in the car was a mere passenger--that the driver was able to get out of the car and flee the scene in order to avoid his own arrest. Also the breathalyzer reading may not be able to be used as the police may not be able to prove it was taken within two hours of operating the vehicle as the statute requires.