Per The Ticket: Josh Brent sentenced to 10 years Probation and 180 days in jail.

[AbeBeta]

The defense is arguing his BAC level should be looked at in context to his size. I understand this is true to an extent (ie, it takes a higher BAC for a larger person to feel and act inebriated). The prosecution is countering with other evidence indicating he was impaired.

Doesn't he have more blood though because of his size? It's a %, right?

Also, the law doesn't make that distinction in the over the limit way -- you can be cited if you are acting drunk but are under the limit but the reverse don't work

 

[theogt]

Doesn't he have more blood though because of his size? It's a %, right?

Also, the law doesn't make that distinction in the over the limit way -- you can be cited if you are acting drunk but are under the limit but the reverse don't work

I do not know if science backs up their claims.

As to your second point, the "intoxication manslaughter" statute requires that the intoxication be the cause of the death. If he was "intoxicated" as a matter of law because of his BAC, he would still be innocence if that intoxication was not the cause of the accident. One way to show this is to show that he was not actually intoxicated, but only legally intoxicated.

 

[JoeyBoy718]

"Buzzed driving is drunk driving"

I agree. I got a DUI some years ago. I won't even get in a car if I even had one drink that day. Even if it was hours before. Only time I drink is at night or on weekends, either at home or I walk across the street to the bar. Not worth it. Very selfish.

 

[JoeyBoy718]

Even if he somehow beat the case, I wouldn't want him back no matter how bad our DTs are. He doesn't deserve his life back so soon. There are some things more important than football.

 

[21Savage]

Even if he somehow beat the case, I wouldn't want him back no matter how bad our DTs are. He doesn't deserve his life back so soon. There are some things more important than football.

How can you be so unforgiving when you just admitted you've been guilty of the same. The only difference is that you're judging him based on the outcome of his action. You could have easily killed someone too.

As someone who in a past life has been guilty of this, I'm Leery of throwing stones

 

[joseephuss]

The BAC is a

How can you be so unforgiving when you just admitted you've been guilty of the same. The only difference is that you're judging him based on the outcome of his action. You could have easily killed someone too.

As someone who in a past life has been guilty of this, I'm Leery of throwing stones

Well, if you are drunk those stones may hit someone you didn't intend.

 

[JoeyBoy718]

How can you be so unforgiving when you just admitted you've been guilty of the same. The only difference is that you're judging him based on the outcome of his action. You could have easily killed someone too.

As someone who in a past life has been guilty of this, I'm Leery of throwing stones

I learned from my mistakes. And it screwed me up for a while. He'd be going back to a million dollar job after 6 months. Vick was out of football for almost 3 years.

 

[Tezz]

Dude went 110+ mph while drunk

 

[links18]

Do Brent's attorney know how ridiculous he is making his client seem?

His lawyers are all incompetent? Maybe they know exactly what they are doing?

 

[Proximo]

The defense is arguing his BAC level should be looked at in context to his size. I understand this is true to an extent (ie, it takes a higher BAC for a larger person to feel and act inebriated).

Yea, this made me immediately think of something somewhat off topic, but I once watched a documentary on Andre the Giant, and there were reports that he could absolutely crush beers like it was no ones business. It was stated by multiple personal friends and acquaintances of his that it was not unusual for him to throw back somewhere in the neighborhood of 100 beers in one night (and apparently would not be sloppy drunk). Not that it has anything to do with Brent, I just remember thinking how crazy that was when I heard it.

 

[joseephuss]

There are tall tales of Wade Boggs drinking 64 Miller Lites over the span of a cross country flight.

 

[Mountaineerfan]

 

[peplaw06]

I do not know if science backs up their claims.

As to your second point, the "intoxication manslaughter" statute requires that the intoxication be the cause of the death. If he was "intoxicated" as a matter of law because of his BAC, he would still be innocence if that intoxication was not the cause of the accident. One way to show this is to show that he was not actually intoxicated, but only legally intoxicated.

I feel like the fact that he was not just over the limit, but more than 2 times over the limit is going to hamper an attempted distinction between legal and actual intoxication.

 

[theogt]

I feel like the fact that he was not just over the limit, but more than 2 times over the limit is going to hamper an attempted distinction between legal and actual intoxication.

Reading the accounts of the witness testimony, he sounds intoxicated regardless. Strange they didn't just take a plea deal, though maybe a reasonable one wasn't offered.

 

[casmith07]

The defense is arguing his BAC level should be looked at in context to his size. I understand this is true to an extent (ie, it takes a higher BAC for a larger person to feel and act inebriated). The prosecution is countering with other evidence indicating he was impaired.

From a black letter standpoint, yeah he was drunk driving.

 

[Hostile]

Even if he somehow beat the case, I wouldn't want him back no matter how bad our DTs are. He doesn't deserve his life back so soon. There are some things more important than football.

I would, if he a portion of his pay helps raise his friend's daughter and he becomes a spokesman against driving impaired.

 

[WoodysGirl]

 

[WoodysGirl]

I would, if he a portion of his pay helps raise his friend's daughter and he becomes a spokesman against driving impaired.

Read in a recent article that Brown's daughter is getting a stipend or has something in place for the future because of his tenure in the NFL. She will be well taken care of financially.

 

[BringBackThatOleTimeBoys]

Driving drunk and stupid is doubley dangerous.

Ya know, ever body make mistakes. But to make a mistake that involves the death of another, and then to disclaim any responsibility, that is when I shake mah haid and just walk away from the stupidity and selfishness showed.

Do Brent's attorney know how ridiculous he is making his client seem?

The car flew across the median to the other side of the freeway at an estimate 110 mph and skidded 900 feet. Brent has had a prior DUI conviction (probably won't be admissible .) Good luck convincing a jury he was not drunk.

As with the thread when it happened last year, I am disappointed at a few defending Brent, or to be specific being soft on him drinking and driving. Yes, it's sad his NFL career is over, but he like too many others, was arrested multiple times and eventually killed someone because of his drinking problem. A number of members are defending Brent because they identify with him - they drink and drive. They feel uncomfortable because they do the same thing. May I suggest a different course of action? Stop it! At the very least get a designated driver.

Cars have become a lot safer since Nader wrote Unsafe at Any Speed 50 years ago, but we need to do a lot more to make the driver accountable for their actions. Granted, dealing with repeat DUI offenders (like Brent) is difficult, but going light on them hurts instead of helps the problem of them killing about 10,000 in the US annually.

 

[theogt]

From a black letter standpoint, yeah he was drunk driving.

Sure, but that's not what's being contested.