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

[Bob Sacamano]

In PA we have the implied consent law, if you refuse a blood alcohol test you automatically are charged with DUI and lose license for 1 year.

well that sucks, in MD, it's only a 4 month suspension of your license

 

[Bob Sacamano]

It is his "right as an American" to have a license -- but apparently, it is also his right not to read the agreement he signed when he got that license.

actually, having your license is not a right, it's a privilege

that's why you sign that implied consent form, hell, it says right on the form that having your license is a privilege

 

[Bob Sacamano]

Also, do not be misinformed. I have had cases where the driver was "alleged" to have refused the test and did not lose his license. Most of the posters here are posting based upon what they "heard" or "what happened to them or someone they know" and not based upon legal knowledge. EVERY case is unique. The outcome of every case depends on so many different factors, that it is IMPOSSIBLE to go through every permutation. Just know this .... nothing is as black and white as it may seem.

in certain states, when you 1st get your license, MD for instance, you have to sign a implied consent form, agreeing to submit to a breathalyzer and/or chemical test

you don't submit at the direction of a police officer, you lose your license, no bones about it

 

[03EBZ06]

actually, if I complete my PBJ, which ends this coming November, noone would know that I was charged w/ a DUI, it goes off my record, and right now, only the cops, and the judicial system know that I was charged w/ DUI



again, once my PBJ ends, I'm a clean man

Bob,

What is PBJ?

 

[Bob Sacamano]

Bob,

What is PBJ?

Probation Before Judgement

basically it's just probation w/ alot of stipulations I have to meet

 

[03EBZ06]

Probation Before Judgement

basically it's just probation w/ alot of stipulations I have to meet

Gotcha, thanks.

 

[Bob Sacamano]

Gotcha, thanks.

most 1st time DUI suspects get it, provided you have very, little to no prior convictions

 

[big dog cowboy]

Not everywhere. In some places, such as Arizona, you can be under the limit and still be charged with DUI if you're impaired.

Memo to self: never visit Arizona.

Sorry Hos.

 

[Kilyin]

Peanut Butter and Jelly, yum yum

 

[Hostile]

and that's a very tough charge to make stick -- I'd guess that can be used only if someone is falling down during the field test or driving crazy. I'd love to know how many people have actually been charged (and it stuck) under the law -- sounds like it is simply a piece of leverage for the prosecutors.

No it isn't. This state is very tough on this, not lenient.

 

[Hostile]

I've Driven drunk before as have most of you.

It's obviously not right...But glass houses?

A lot of people say they haven't done it...But I have my doubts.

It isn't about glass houses for me CC.

I have never been drunk, because I have never had a first drink. My parents, 2 brothers and most of my friends and cousins are all alcoholics. I was too vain to drink thinking I'd be a professional athlete and I couldn't afford anything derailing my dream.

I also am tainted by 7 years as a firefighters and seeing time after time how alcohol and drugs have been behind deaths, crippling injuries, rapes, and all kinds of emotional scars.

I have no issue with some being a reformed alcoholic and being tough on the stance. The tougher people are on it the better because if people weren't tough on it the problems would grow.

Edmund Burke once said, "the only way for evil to triumph is for good men to do nothing." Now you can chide me for calling drinking and driving evil, but when lives are on the line and it has been proven thousands and thousands of times over that people who do this are a greater risk to themselves and others...then I will accept the scorn.

 

[Hostile]

Memo to self: never visit Arizona.

Sorry Hos.

I can drive man.

 

[Bob Sacamano]

Edmund Burke once said, "the only way for evil to triumph is for good men to do nothing." Now you can chide me for calling drinking and driving evil, but when lives are on the line and it has been proven thousands and thousands of times over that people who do this are a greater risk to themselves and others...then I will accept the scorn.

finally, someone used that quote right

although what are you doing to help curb drinking and driving?

 

[FuzzyLumpkins]

actually, if I complete my PBJ, which ends this coming November, noone would know that I was charged w/ a DUI, it goes off my record, and right now, only the cops, and the judicial system know that I was charged w/ DUI



again, once my PBJ ends, I'm a clean man

You mean its only on your criminal record? I know people that were under the same midset but the fact of the matter is that employers can find out via a simple background check. Also you would have to lie on your application because of the way the question is worded.

Its also pretty evident you dont know how records are kept at the county clerk. That arrest will be easy to find as would the disposition of the case. In short you keep on thinking that everything is rosy and ill know better.

 

[AdamJT13]

and that's a very tough charge to make stick -- I'd guess that can be used only if someone is falling down during the field test or driving crazy. I'd love to know how many people have actually been charged (and it stuck) under the law -- sounds like it is simply a piece of leverage for the prosecutors.

As Hostile said, it's usually an easy conviction in Arizona -- if you're charged. Scientific studies show that impairment is present with a BAC as low as .02. At .05, you're more than 11 times as likely to be involved in a fatal crash than at .00. Considering that Johnson's BAC was only .008 below the "per se" level of .08, I'd say it would be quite easy to prove that he was impaired at least "to the slightest degree," if they decide to charge him.

 

[Bob Sacamano]

You mean its only on your criminal record?

I don't have a criminal record, not if I don't violate my probation

there's a reason it's called probation before judgement, PBJ means your case is pretty much still on the docket, that it can be brought up at any time while I'm on Pro-B, and that I haven't been convicted of any crime

I know people that were under the same midset but the fact of the matter is that employers can find out via a simple background check. Also you would have to lie on your application because of the way the question is worded.

I've just started my 3rd job since I was issued a PBJ, put that I haven't been convicted of a crime on all the applications, I think that if I lied on my application if my assumption was wrong, that I wouldn't have gotten any of those jobs, so I think I know what I'm talking about

Its also pretty evident you dont know how records are kept at the county clerk. That arrest will be easy to find as would the disposition of the case. In short you keep on thinking that everything is rosy and ill know better.

you don't know better, what I'm telling you was written on one of the forms they gave me after the judge rendered his decision, that only the judge presiding, the DA, my Public Defender and the police know that I was charged w/ DUI

I think you're confusing PBJ w/ nolo contendere(SP)

 

[AbeBeta]

actually, having your license is not a right, it's a privilege

that's why you sign that implied consent form, hell, it says right on the form that having your license is a privilege

Have you been following? That is what I was said earlier and was sarcastically mocking the other post

 

[AbeBeta]

As Hostile said, it's usually an easy conviction in Arizona -- if you're charged. Scientific studies show that impairment is present with a BAC as low as .02. At .05, you're more than 11 times as likely to be involved in a fatal crash than at .00. Considering that Johnson's BAC was only .008 below the "per se" level of .08, I'd say it would be quite easy to prove that he was impaired at least "to the slightest degree," if they decide to charge him.

And again, how many people were convicted of this in Az?

Also, tolerance plays a huge role here -- at .05 the AVERAGE person is 11 times more likely -- but as you should know people vary remarkably - how can you prove that person A was impaired at .05 or some lower level?

 

[Bob Sacamano]

Have you been following? That is what I was said earlier and was sarcastically mocking the other post

I can't tell sarcasm w/o smileys :

my apologies







akjfdkladsjfkldfjakdlsfjakdslfjdsakfjlkdsfjaldksfjdksfjadklsfjdsklfYEEHAW!!!

 

[AbeBeta]

Memo to self: never visit Arizona.

Me neither. Of course, I like getting drunk, having MLK's birthday off, and not having 135 degree summer temperatures.