Another drunk pilot
02-21-2012 | 05:58 PM
#171
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You don't need to blow .08 or over to be convicted of DUI. It only needs to be proven the driver was impaired. The law is not about the BAC; the law is "driving under the influence."
In most states, .08 BAC is considered prima facie evidence that the driver is impaired. In the strict legal sense, this means that unless the defendant is able to impeach the evidence provided by the BAC test, that alone is sufficient evidence to convict. BAC, however, is only one piece of evidence. It can still be proven through other evidence that the driver is impaired, resulting in a DUI conviction even with a BAC below .08.
If you are pulled over or are in an accident and the police find probable cause (e.g., open container, smell of alcohol, erratic driving, field sobriety test) for a breath test on which you blow .06, the police have a a lot of evidence and a strong case against you. Not the prima facie evidence of blowing at or over .08 but still enough evidence to build a strong case.
In most states, .08 BAC is considered prima facie evidence that the driver is impaired. In the strict legal sense, this means that unless the defendant is able to impeach the evidence provided by the BAC test, that alone is sufficient evidence to convict. BAC, however, is only one piece of evidence. It can still be proven through other evidence that the driver is impaired, resulting in a DUI conviction even with a BAC below .08.
If you are pulled over or are in an accident and the police find probable cause (e.g., open container, smell of alcohol, erratic driving, field sobriety test) for a breath test on which you blow .06, the police have a a lot of evidence and a strong case against you. Not the prima facie evidence of blowing at or over .08 but still enough evidence to build a strong case.
02-21-2012 | 06:01 PM
#172
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1 page ago you called a guy a liar for saying the exact same thing. You can't dig your way out of this one. Glad you spent that 100k on a fast trak zero to hero program and not Law U....
02-21-2012 | 06:02 PM
#173
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From: A320 eff oh
Listen its just chest thumping by someone thats obviously not mature enough to realize that in no way, shape or form does it make you cool to be able to have A beer or 10 beers and drive. It just makes you look like a fool and the more one tries to justify it by citing the law, the one more looks immature and naive.
I took my kid down to the open house this summer at the firehouse down the street from our house. Chicago FD. I got to talking with one of the guys who's been there for 20 years. We got on the topic of beers and he related a story that the firehouse a few years ago set up a test on a Friday night for any off duty fireman that was willing to participate in a police department study of perceived impairment vs. BAC. It was BYOB, held at the firehouse, all participants signed a waiver that included them spending the night at the firehouse and a relinquishment of their car keys. Each participant was weighed and BMI was calculated before commencing the experiment. Now this guy I spoke to was about 6'4" and approx 230 lbs. Big dude. After each drink they were given a breathalizer. He stated beforehand that he felt he could hang with the best drinking beers. He brought a 12 pack of a 5% alcohol beer. He said he felt drunk at .06 and at .08 was shocked at how drunk he felt, yet was right at the legal limit.
I took my kid down to the open house this summer at the firehouse down the street from our house. Chicago FD. I got to talking with one of the guys who's been there for 20 years. We got on the topic of beers and he related a story that the firehouse a few years ago set up a test on a Friday night for any off duty fireman that was willing to participate in a police department study of perceived impairment vs. BAC. It was BYOB, held at the firehouse, all participants signed a waiver that included them spending the night at the firehouse and a relinquishment of their car keys. Each participant was weighed and BMI was calculated before commencing the experiment. Now this guy I spoke to was about 6'4" and approx 230 lbs. Big dude. After each drink they were given a breathalizer. He stated beforehand that he felt he could hang with the best drinking beers. He brought a 12 pack of a 5% alcohol beer. He said he felt drunk at .06 and at .08 was shocked at how drunk he felt, yet was right at the legal limit.
02-21-2012 | 06:07 PM
#174
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From: CL-65 captain
02-21-2012 | 06:11 PM
#176
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1 page ago you called a guy a liar for saying the exact same thing. You can't dig your way out of this one. Glad you spent that 100k on a fast trak zero to hero program and not Law U....
02-21-2012 | 06:15 PM
#177
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From: CL-65 captain
hey genious....i loaned him money for a lawyer, sat in court with him, and picked him up from jail. Nice try tho. Who's the DA? I shouldnt have to tell you the whole timeline. Oh and neither Santa nor the Easter Bunny were there if you want to use them to twist facts somehow....
02-21-2012 | 06:17 PM
#178
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It's been fun gentleman. Agree to disagree. I'm not responding anymore.
02-21-2012 | 06:19 PM
#180
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hey genious....i loaned him money for a lawyer, sat in court with him, and picked him up from jail. Nice try tho. Who's the DA? I shouldnt have to tell you the whole timeline. Oh and neither Santa nor the Easter Bunny were there if you want to use them to twist facts somehow....
Zing! And the Pipe sinks again
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