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question for the cops/lawyers

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martinss01

martinss01

blissfully stupid
coworker gave me an interesting story a couple days ago. he was out with some friends and had a couple beers. later on he drove home. told me he started feeling really sick about a half hour into the drive and fell asleep. hit a guard rail totaled his car, thankfully noone was hurt. he blew a .055 which is under the legal limit of .08 correct? they also gave him the standard sobriety test and a piss test. according to him he passed both. however, he's been charged with dui... how does that work exactly? assuming he's being honest about passing all the sobriety tests, is he being charged because he admitted to having a few drinks then got into an accident? im just wondering if im getting the whole story.
 
Weird, but I just heard an interview with a lawyer in the Cincinnati area (a few days ago on 700 wlw) concerning this topic and others related...but he also stated that in Ohio you can be charged with DUI (and make it stick) even if you are under the legal limit and pass the standard sobriety tests, but have some sort of incident / accident / violation while in your vehicle and it is shown that you had alcohol or other substance in your system at the time.

I'm not a lawyer or police officer, and didn't hear the whole segment, but thought it was real crazy that you could be found guilty of DUI below the .08 blood alcohol levels under certain circumstances. Never knew that myself.


EDIT
...and maybe it was stated as "driving while impaired" as Wingate said, but I thought for sure he said DUI, but I'm not 100% sure.
 
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Been awhile since I worked patrol, but he is probably being charged under the A1 section meaning that he had been drinking and his driving was affected by it. I believe the A3 section means that he tested over the legal limit, which was not the case.
 
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Padraig;1438795; said:
Weird, but I just heard an interview with a lawyer in the Cincinnati area (a few days ago on 700 wlw) concerning this topic and others related...but he also stated that in Ohio you can be charged with DUI (and make it stick) even if you are under the legal limit and pass the standard sobriety tests, but have some sort of incident / accident / violation while in your vehicle and it is shown that you had alcohol or other substance in your system at the time.

I'm not a lawyer or police officer, and didn't hear the whole segment, but thought it was real crazy that you could be found guilty of DUI below the .08 blood alcohol levels under certain circumstances. Never knew that myself.


EDIT
...and maybe it was stated as "driving while impaired" as Wingate said, but I thought for sure he said DUI, but I'm not 100% sure.
Click to expand...

Charged with is not found guilty of. A cop can charge you with anything he wants as long as there is probable cause for the arrest. It may or may not "stick" I have a lawyer friend who got a woman who had an accident as a result of her drinking off... his theory was that she failed the field sobriety because she hit her head during the accident.... the jury bought it.

But, sometimes they don't.... if you look like a big time drinker, and you hit a tree whilst being only .07 you're probably still in some trouble convincing a jury you weren't drunk at the time. (The jury will believe you blew .07 because the cops took their time making you blow - the emergency people were there making sure you were OK... bla bla bla.. and the jury says "Oh, sure... that's why he was below... because 2 hours had passed... if he had blown at the moment of impact, he was probably .15 or whatever")

that's how it works....

Oh.. and it helps if you have big boobs.
 
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Buckeyeskickbuttocks;1439232; said:
Charged with is not found guilty of. A cop can charge you with anything he wants as long as there is probable cause for the arrest. It may or may not "stick" I have a lawyer friend who got a woman who had an accident as a result of her drinking off... his theory was that she failed the field sobriety because she hit her head during the accident.... the jury bought it.

But, sometimes they don't.... if you look like a big time drinker, and you hit a tree whilst being only .07 you're probably still in some trouble convincing a jury you weren't drunk at the time. (The jury will believe you blew .07 because the cops took their time making you blow - the emergency people were there making sure you were OK... bla bla bla.. and the jury says "Oh, sure... that's why he was below... because 2 hours had passed... if he had blown at the moment of impact, he was probably .15 or whatever")

that's how it works....

Oh.. and it helps if you have big boobs.
Click to expand...

I never noticed...:paranoid:
 
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