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Police/Legal Blotter (stop breaking the law, asshole!)

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Jaxbuck;1664182; said:
Check me here but at Oregon-

-scrubs get booted from the program for talking [censored] about the coach on facebook
-role players get a year suspension for DUI
-starting power back gets suspended for nationally televised assault and battery but is back in time for the big games at the end of the year
-starting speed back goes Ike Turner on his girlfriend and it's wait and see how it plays out in court
-starting QB steals laptops and...is still the starting QB as far as I have read

I could swear there is a pattern in all that but I'm having a hard time seeing it.
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To be fair, DUI is cut and dry. You were either guilty of it or refused to be proven innocent with a test.

LaMichael James should have his day in court, and Masoli has not been charged of anything.
 
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MililaniBuckeye;1664224; said:
By refusing a mandated breathalyzer, you're considered guilty under the law. Thus, taking the breathalyzer either "proves", or "confirms" if you prefer, your innocence.
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No - you are not. Nobody can compel you to provide evidence of your own guilt. So you are not "guilty". Now, as driving is not a "right", they can pass laws that determine under what circumstances you are allowed that privilege, and how you can lose it. So you can lose your driving privileges temporarily, but it won't be "criminal" in nature, and you won't be "guilty" of a crime because you did not blow. You sure won't be guilty of DUI because you refuse. If you are shit faced, you'd be an idiot to blow, because then you would be subject to being found guilty.

If you hand the officer a card out saying how you refuse to participate in any physical or coordination testing, and refuse to speak to allow them to infer sobriety from your speech, but you will lie down and let them convey you to jail without protest or resisting, and you will check with them later through your lawyer, there is not much they could do.

They might beat you for pissing them off. They would likely charge you with resisting arrest for not complying with the order to move your body in a manner to assist them putting cuffs on you, and refusing to walk to the back of the squad car. But you'd have a real good shot at beating resisting if it implicated Fifth Amendment considerations.
 
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Jaxbuck;1664236; said:
Sorry.

I thought I was in that BP thread that just bashes the living [censored] out of other programs for their off the field issues. Didn't realize I was in the fair and unbiased coverage thread.:wink2:
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No, no, no....don't get me wrong - I was not insinuating you were supposed to be fair or unbiased. :lol:
 
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Gatorubet;1664234; said:
No - you are not. Nobody can compel you to provide evidence of your own guilt. So you are not "guilty". Now, as driving is not a "right", they can pass laws that determine under what circumstances you are allowed that privilege, and how you can lose it. So you can lose your driving privileges temporarily, but it won't be "criminal" in nature, and you won't be "guilty" of a crime because you did not blow. You sure won't be guilty of DUI because you refuse. If you are shit faced, you'd be an idiot to blow, because then you would be subject to being found guilty.
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Uh, lawyer or not, I know that if you get a right (your freedom) or a privilege (drivers license) taken away because of an action, you've been considered guilty of some sort of either crime or infraction. How many states will NOT take away your license for refusing a breathalyzer? Sorry, but although you may not be technically "guilty" of a crime, you're still getting punished for something you did.
 
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MililaniBuckeye;1664246; said:
Uh, lawyer or not, I know that if you get a right (your freedom) or a privilege (drivers license) taken away because of an action, you've been considered guilty of some sort of either crime or infraction. How many states will NOT take away your license for refusing a breathalyzer? Sorry, but although you may not be technically "guilty" of a crime, you're still getting punished for something you did.
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by that logic anyone that gets arrested or temporarily imprisoned is guilty since they lost freedom temporarily.
 
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MililaniBuckeye;1664246; said:
Uh, lawyer or not, I know that if you get a right (your freedom) or a privilege (drivers license) taken away because of an action, you've been considered guilty of some sort of either crime or infraction. How many states will NOT take away your license for refusing a breathalyzer? Sorry, but although you may not be technically "guilty" of a crime, you're still getting punished for something you did.
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As to your first post, I can't really add anything Gator didn't already say.

A state could pass a law that required everyone who drives wear black socks. If I drive in white socks, what am I "guilty" of? The problem with your analysis is you're equating a privilege to a right. You're not being "punished" for anything - if you were, it'd be unconstitutional and you should be offended by that as an American. They are outlining a set of rules one needs to follow in order to enjoy the privilege of driving. One of which might be that you can't refuse a breathalizer.... but.. it doesn't change that fact that refusing is not a crime. It's not a technicality, it's not word play. It's the meaning of the very document which governs your citizenship.

In fact - if you believe you will blow over the legal limit, your best option is probably to refuse. Losing your license for 6 months (and you'll have work privileges most times) is far better than a conviction for DUI.
 
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Buckeyeskickbuttocks;1664253; said:
As to your first post, I can't really add anything Gator didn't already say.

A state could pass a law that required everyone who drives wear black socks. If I drive in white socks, what am I "guilty" of? The problem with your analysis is you're equating a privilege to a right. You're not being "punished" for anything - if you were, it'd be unconstitutional and you should be offended by that as an American. They are outlining a set of rules one needs to follow in order to enjoy the privilege of driving. One of which might be that you can't refuse a breathalizer.... but.. it doesn't change that fact that refusing is not a crime. It's not a technicality, it's not word play. It's the meaning of the very document which governs your citizenship.
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You're constitution towards the constitution is far from weak
 
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Fungo Squiggly;1664254; said:
You're constitution towards the constitution is far from weak
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This is why I always read your posts. They never speak for nothing and meanness?

Bucklion;1664257; said:
Jesus, Mary, Joseph, and a Saint to be named later, can we get back to enjoying the Oregon Jailhouse Rock 2010 Tour please?
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:lol: Conjunction junction... what's you're function.... [no smiley]
 
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jwinslow;1664250; said:
by that logic anyone that gets arrested or temporarily imprisoned is guilty since they lost freedom temporarily.
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No, because judicial action is still pending. You refuse a breathalyzer, and you lose your license for a pre-set amount of time, period...there's no "pending" about it.
 
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Gatorubet;1664234; said:
No - you are not. Nobody can compel you to provide evidence of your own guilt. So you are not "guilty". Now, as driving is not a "right", they can pass laws that determine under what circumstances you are allowed that privilege, and how you can lose it. So you can lose your driving privileges temporarily, but it won't be "criminal" in nature, and you won't be "guilty" of a crime because you did not blow. You sure won't be guilty of DUI because you refuse. If you are [censored] faced, you'd be an idiot to blow, because then you would be subject to being found guilty.

If you hand the officer a card out saying how you refuse to participate in any physical or coordination testing, and refuse to speak to allow them to infer sobriety from your speech, but you will lie down and let them convey you to jail without protest or resisting, and you will check with them later through your lawyer, there is not much they could do.

They might beat you for [censored]ing them off. They would likely charge you with resisting arrest for not complying with the order to move your body in a manner to assist them putting cuffs on you, and refusing to walk to the back of the squad car. But you'd have a real good shot at beating resisting if it implicated Fifth Amendment considerations.
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Which is a tremendous technicality as it relates to a football coach's punishment. If you refuse to blow, it is assumed by everyone not named Law and Order that you have a reason for refusal.
 
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