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

[Verdict]

:laugh2:

I probably shouldn't find this funny, but I do.

He still should have known better. For a man that big to register a .072 he still had to drink a lot.

Actually there a lot of different factors that affect a test result, including the size of the accused (which you have alluded to), the amount of alcohol consumed, how recently the alcohol was consumed, the rate the body processes alcohol, and the amount and type of food consumed, and the timing of the test.

He could have had as little as one or two drinks and been at that limit. I am guessing that even at his size that unless it had been a while since he had consumed alcohol that he had no more than three drinks, and probably less.

 

[Hostile]

Thin ice sure. But it is speeding - it wasn't like he was racing - it is a traffic ticket -- it doesn't violate his parole nor does it speak to bad behavior.

Me, I'm not ready to call this anything other than bad driving.

And the upside is that he was found with a grand total of ZERO guns in the car.

That's one hell of a coat of whitewash Mr. Defense Lawyer.

.072 means he was barely below the legally drunk limit, so he's not exactly a saint who just pressed the accelerator too hard and got caught.

 

[theogt]

While not legally drunk is there any question that he was impaired and therefore a danger to everyone on the road?

Yes, there is. He may have been impaired but that wasn't because he was drunk.

 

[Big Dakota]

and by the letter of the law, he wasn't impaired.

no charges.

case closed.

Laws?? The commish don't need no stinking laws.

 

[Hostile]

Perhaps Arizona's law is different, but in some places, you can be charged with driving while impaired (or another similarly worded offense) even if your blood-alcohol level is below the legal limit.

You can here if there are other factors involved. With speed being involved they still might. Usually though it is reckless driving, abusive attitude towards the officers, etc.

 

[AbeBeta]

Perhaps Arizona's law is different, but in some places, you can be charged with driving while impaired (or another similarly worded offense) even if your blood-alcohol level is below the legal limit.

That is true -- but you would generally, at least as I understand the law -- have to be doing some seriously bad driving to make the case for it.

 

[AbeBeta]

That's one hell of a coat of whitewash Mr. Defense Lawyer.

.072 means he was barely below the legally drunk limit, so he's not exactly a saint who just pressed the accelerator too hard and got caught.

No he isn't -- but again, the law says you are FINE to drive if you are under that magic limit.

 

[Verdict]

Perhaps Arizona's law is different, but in some places, you can be charged with driving while impaired (or another similarly worded offense) even if your blood-alcohol level is below the legal limit.

That might be true, but I would love to defend that case. I doubt you will see that happen.

What I find interesting is that the accused does not have to voluntarily submit to blood alcohol testing in most jurisdictions. They usually lose their licesnse if they refuse, but a test result over the legal limit poses real problems to defending a drunk driver. I usually advise my clients to REFUSE the test if they think there is any remote chance they might fail. Of course, that is just my perspective here in Oklahoma.

 

[stealth]

I drink two beers before I even get in a car every day of my life.
That's how I wake up in the morning.

*ducks out of thread*

 

[Big Dakota]

You can here if there are other factors involved. With speed being involved they still might. Usually though it is reckless driving, abusive attitude towards the officers, etc.

If i'm Tank, the question isn't what will a judge say, it's what Goodell will say. The impaired/speeding thing won't cost him near what another several games will.

 

[stealth]

That might be true, but I would love to defend that case. I doubt you will see that happen.

What I find interesting is that the accused does not have to voluntarily submit to blood alcohol testing in most jurisdictions. They usually lose their licesnse if they refuse, but a test result over the legal limit poses real problems to defending a drunk driver. I usually advise my clients to REFUSE the test if they think there is any remote chance they might fail. Of course, that is just my perspective here in Oklahoma.

texas law same things, never ever submit to the tests.

 

[theogt]

I drink two beers before I even get in a car every day of my life.
That's how I wake up in the morning.

*ducks out of thread*

Two beers? Lightweight. I knock out a 6-pack with my Cheerios.

 

[dallasfan]

.08 is the legal limit -- and a relatively low one at that. If below that is dangerous then the limit should be lower.

Exactly, if below .08 was dangerous it would be illegal. I'd say he definately wasn't impaired, and I'm pretty sure drinking alchool is allowed for his probation, or else he'd be on his way back to jail.

 

[stealth]

Two beers? Lightweight. I knock out a 6-pack with my Cheerios.

I was talking 40's though

 

[AbeBeta]

If i'm Tank, the question isn't what will a judge say, it's what Goodell will say. The impaired/speeding thing won't cost him near what another several games will.

A good question here is whether Tank is expected to be a saint or if he can reasonably do legal stuff - like drive with a BAC under the limit -- and have run-ins with the law in the manner that 1000s of upstanding citizens do every day -- like get a speeding ticket

 

[Verdict]

What was the timeframe from when he got into the car and when he had the blood test? Some time must have passed- so is there any real doubt that he was legally drunk when he got into the car?[/QUOTE]

The magic 8 ball says yes there is so much doubt that the prosecutor will not charge him with it. (See Duke rape case for the reason why).

Do you think the state should be able to make up the rules as they go along?

 

[AbeBeta]

texas law same things, never ever submit to the tests.

Of course, for most folks you aren't going to get a lawyer b/c it is going to be a total open and shut case where you are going to lose your license anyway.

 

[Big Dakota]

A good question here is whether Tank is expected to be a saint or if he can reasonably do legal stuff - like drive with a BAC under the limit -- and have run-ins with the law in the manner that 1000s of upstanding citizens do every day -- like get a speeding ticket

The Bears have already spoken. Let us see what the commish and the other owners say, shall we? This whole thing has cost him millions.

 

[ThreeSportStar80]

He was under the legal limit so that's all that matters... 3 A.M. in the morning is no big deal, I do it all the time. He's just a target now.

 

[Verdict]

No he isn't -- but again, the law says you are FINE to drive if you are under that magic limit.

It is not illegal to drink an alcoholic beverage and drive (it is not necessarily a good idea). It is illegal in most jurisdictions to drink and drive with a blood alcohol level greater than a certain blood alcohol concentration. He was apparantly under the legal limit. That doesn't make him a great guy, it just makes him innocent of drunk driving if he is under the legal limit.