Test results: Johnson's blood alcohol level was .072

[Verdict]

It is Civil and this is how it works in Texas.

I think I have been saying the two matters are separate and distinct as a general rule.

 

[Seven]

Most states are like this.

Lesson: don't take legal advice from a discussion on a football message board.

Yeah!! Big Al...............................nice!!

 

[Doomsday101]

I do not understand why you would call me names, Doomsday. LOL. I can see that you are passionate about this issue, but it does not change the fact that you are uninformed.

I do not clainm to know the law in Texas, but generally speaking, a person is criminally prosecuted in a different court than the administrative court where the person's license is suspended.

I am paid, by my clients, because I believe that I am very good at what I do for a living. I think most of my clients would strongly echo that sentiment as well.

As you said you don't know Texas Law.

 

[YosemiteSam]

But you can be sure he's not sitting around waiting for the test -- cop calls ahead, brings him in, test done.

If he had 7 twelve ounce beers within a single hour (being male at 300lbs) within a single hour his BAC could drop .015. (7 beers would put him at .085) So, he could be at .085 (over the limit) and within a single hour (very reasonable) he could then be at .070 which is below the legal limit. At testing, he was .072. It's pretty much a sure thing that at the time he was pulled over he was at least right at .08 BAC, but I'm willing to bet he was above .08.

Do the Math yourself.

 

[Hoov]

I wonder where some get the idea that he took his last drink the second before he got in the car.

The reason why .08 is used instead of .10 is at least partly to take this issue into account.

remember that if you drink 2 beers real fast, the BAC wont register for about half hout to an hour after. so sometimes the BAC can be higher a short time after instead of lower as most people would assume.

 

[Hoofbite]

Do the "ESTIMATION" yourself.

thought i would fix that for you......

 

[superpunk]

As you said you don't know Texas Law.

Then we will fight in the shade.

 

[YosemiteSam]

thought i would fix that for you......

Thanks, I was over the legal limit when I wrote it. I know I was because I did the "ESTIMATH".

 

[dboyz]

DUI/DWI law varies to some extent from jurisdiction to jurisdiction. If someone wants true legal advice, they should talk to an attorney that is aware of the laws in that particular state.

 

[AbeBeta]

If he had 7 twelve ounce beers within a single hour (being male at 300lbs) within a single hour his BAC could drop .015. (7 beers would put him at .085) So, he could be at .085 (over the limit) and within a single hour (very reasonable) he could then be at .070 which is below the legal limit. At testing, he was .072. It's pretty much a sure thing that at the time he was pulled over he was at least right at .08 BAC, but I'm willing to bet he was above .08.

Do the Math yourself.

You can spin that any way you want -- but the law is .08 for a reason -- you don't think that sort of thing is taken into account? .08 is a very low limit and that is for a reason -- at least partially to address the drop in BAC.

If I'm the cops, I'm done with this case -- you think any lawyer couldn't destroy the "but he likely was above .08 when we got him" argument?

 

[AbeBeta]

remember that if you drink 2 beers real fast, the BAC wont register for about half hout to an hour after. so sometimes the BAC can be higher a short time after instead of lower as most people would assume.

also, if you've eaten recently....

 

[YosemiteSam]

You can spin that any way you want -- but the law is .08 for a reason -- you don't think that sort of thing is taken into account? .08 is a very low limit and that is for a reason -- at least partially to address the drop in BAC.

If I'm the cops, I'm done with this case -- you think any lawyer couldn't destroy the "but he likely was above .08 when we got him" argument?

I said in an earlier post, this part of it is done. Although, I beleive the Bears still did the right thing. Johnson was absolutely stupid for what he did. Driving after having drinks at 3:30am.

 

[AbeBeta]

I said in an earlier post, this part of it is done. Although, I beleive the Bears still did the right thing. Johnson was absolutely stupid for what he did. Driving after having drinks at 3:30am.

And I'd say stupid or not, he tested legal. So it is a non-offense.

 

[Verdict]

As you said you don't know Texas Law.

You don't seem to either.

 

[Doomsday101]

You don't seem to either.

Evidently more than you do Mr. Mason. :laugh2:

 

[stealth]

Evidently more than you do Mr. Mason. :laugh2:

gonna step in on this one, dwi charges hold with them many more thousands of dollars in fees and fines and classes than a simple license suspension does. If you refuse the test get license suspended for it then you are pretty much done beyond court costs and law fees. If you do not refuse and you get charged with dwi you are looking at a giant PITA and a huge strain on your pocket. You seem to be overlooking many of the issues associated with a dwi versus a license revocation. Fact is you aren't looking to avoid losing your license by refusing you are looking to avoid dropping another ten grand.

 

[Doomsday101]

gonna step in on this one, dwi charges hold with them many more thousands of dollars in fees and fines and classes than a simple license suspension does. If you refuse the test get license suspended for it then you are pretty much done beyond court costs and law fees. If you do not refuse and you get charged with dwi you are looking at a giant PITA and a huge strain on your pocket. You seem to be overlooking many of the issues associated with a dwi versus a license revocation. Fact is you aren't looking to avoid losing your license by refusing you are looking to avoid dropping another ten grand.

They will not drop the DWI charges because you refuse to take the test it will be used aginst you in the court.

 

[superpunk]

They will not drop the DWI charges because you refuse to take the test it will be used aginst you in the court.

Is that so, Perry Mason?







WAR lame comebacks. unWAR Jim Rome

 

[burmafrd]

Just amazing how everyone keeps totally passing by the FACT that he had been drinking and driving. Illegal technically or not, he was drinking and he was driving. I wonder if certain people here would still be all hot to defend him if he had been in an accident and killed someone. LEGALLY DRUNK OR NOT.

 

[Doomsday101]

Is that so, Perry Mason?







WAR lame comebacks. unWAR Jim Rome

That is so, you have a better chance of proving the test was faulty than not taking it at all. I have been told this by both county attorneys and judges that I work with.