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Are You Serious?

Postby joejlitz » Sat Jul 11, 2009 8:09 am

* Former NFL star Bruce Smith was convicted of drunken driving by a judge who rejected his claim that old football injuries, not alcohol, were responsible for his poor performance on field sobriety tests. *


Philadelphia Daily News (quote is a blurb at the bottom of the main article)

Smith claimed that he failed the FST due to old football injuries? Huh? I wish this one had been on Court TV.
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Re: Are You Serious?

Postby mikus » Sat Jul 11, 2009 2:38 pm

He could have gone the baseball route:

"Sorry officer, I did not know there was alcohol in those beverages."
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Re: Are You Serious?

Postby bungle613 » Sat Jul 11, 2009 3:18 pm

joejlitz wrote:
* Former NFL star Bruce Smith was convicted of drunken driving by a judge who rejected his claim that old football injuries, not alcohol, were responsible for his poor performance on field sobriety tests. *


Philadelphia Daily News (quote is a blurb at the bottom of the main article)

Smith claimed that he failed the FST due to old football injuries? Huh? I wish this one had been on Court TV.



I believe I have heard that it has been accepted in prior cases. Many many cases have been tossed for worse reasons. And a guy who has no knees left or hips etc due to football... could certainly try that defense.
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Re: Are You Serious?

Postby joejlitz » Sat Jul 11, 2009 4:09 pm

bungle613 wrote:
joejlitz wrote:
* Former NFL star Bruce Smith was convicted of drunken driving by a judge who rejected his claim that old football injuries, not alcohol, were responsible for his poor performance on field sobriety tests. *


Philadelphia Daily News (quote is a blurb at the bottom of the main article)

Smith claimed that he failed the FST due to old football injuries? Huh? I wish this one had been on Court TV.



I believe I have heard that it has been accepted in prior cases. Many many cases have been tossed for worse reasons. And a guy who has no knees left or hips etc due to football... could certainly try that defense.

This is just confusing, though. Failing a FST doesn't mandate a drunken driving charge. Failing the subsequent breathalyzer or blood test will get you a drunk driving charge.

So - he must have had his BAC tested, after failing the FST. Right?
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Re: Are You Serious?

Postby moochman » Sun Jul 12, 2009 11:52 am

joejlitz wrote:So - he must have had his BAC tested, after failing the FST. Right?


Which would make him SOL.
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Re: Are You Serious?

Postby smackthefirst » Sun Jul 12, 2009 1:59 pm

I'm only familiar with Maryland and I know the laws vary state by state, but in Maryland the first step is the FST. If you fail the FST, the officer then requests a breathalyzer. If you pass the FST, they can still request a breathalyzer. However, you can refuse the breathalyzer at any point. If you do refuse, you will be charged with DUI if the officer smells any alcohol or if you admit to having even one drink. Normally, the refusal to take a breathalyzer is all but an admission of guilt. However, in Maryland you can go to court and if you can prove why you failed the FST (medical reasoning of course), there is a chance you could beat the charge. A lot of it has to come down to what the officer writes down in regards to whether or not you admitted drinking, your other actions, etc but it can be beaten although it rarely happens.
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Re: Are You Serious?

Postby aaawall91 » Mon Jul 13, 2009 1:21 am

In Ohio if you refuse the Breathalyzer I think no matter what its a one year suspension of license.
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Re: Are You Serious?

Postby Dan Lambskin » Mon Jul 13, 2009 10:31 am

if you pass the breathalyzer but fail the Field Sobriety Test, you can still be charged with a lesser charge of driving while impaired
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Re: Are You Serious?

Postby joejlitz » Mon Jul 13, 2009 10:41 am

Dan Lambskin wrote:if you pass the breathalyzer but fail the Field Sobriety Test, you can still be charged with a lesser charge of driving while impaired

OK. That makes some sense.

Thanks.
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Re: Are You Serious?

Postby spodog » Tue Jul 14, 2009 9:35 am

Ahh! My knee went out on me again!

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Last edited by spodog on Tue Jul 14, 2009 5:09 pm, edited 1 time in total.
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