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

[ndanger]

I got a drinkin' problem man, one mouth and two hands and an empty can and I got no loochie.

 

[Big Dakota]

Your point is well taken, but what if he doesn't commit any further offenses. Would you look at this arrest in a different light five years from now.

The guy does have some talent. He will probably be picked up by someone.

Ya, instead of signing a long term contract at 26 with a super bowl contender in Chicago, he'll be working for minimum wage for a couple years.I serously doubt anyone gives him anything above min. in 2008 and we have yet to see if he'll play in 2007. If he stays clean and plays well in 2008 he may find a taker in 2009. Even at that, he may never cash in compensatory to his talent level. Remember, he'll turn 28 in 09. Instead of signing a 5 year 20-30 million dollar deal(maybe more) in 2008, he'll be darn lucky to get half that in 2009. AAAHHHH the thug life.

 

[peplaw06]

let me ask though, from a purely economical standpoint, what costs more? your services or the fines, etc. the person gets if guilty?

I know that in Texas if you get convicted of a DWI, you have to pay a $1,000 surcharge to the DPS every year for 3 years to maintain your license. We don't charge that much to plea one out to a lesser charge. The court costs and fines probably even out, and are usually charged either way.

Of course if it's an enhanced DWI, sometimes you can't plea it out to anything other than a DWI, so you're faced with a surcharge anyway.

 

[AbeBeta]

I know that in Texas if you get convicted of a DWI, you have to pay a $1,000 surcharge to the DPS every year for 3 years to maintain your license. We don't charge that much to plea one out to a lesser charge. The court costs and fines probably even out, and are usually charged either way.

Of course if it's an enhanced DWI, sometimes you can't plea it out to anything other than a DWI, so you're faced with a surcharge anyway.

Good info. How likely is that plea to a lesser charge though?

BTW - I thought the proper legal term was DUI rather than DWI. They don't teach you that at Pepperdine?

 

[Yakuza Rich]

You're also impaired when you talk on your cellphone while driving. Should we arrest people talking on their cellphone because they're 'impaired'? No, because its not illegal to talk on your cellphone and drive (in most places), and neither is driving at .072. It's simple ... you either break a law or you don't. Unless you believe government and law authorities should make up laws as they go.

That's not exactly true.

In many states (and I'm almost certain it's the same way in most of the states) you can be deemed impaired despite being under the legal limit. I have had a few friends that have been legally under the limit (they were right near the limit, but just under it, like Tank Johnson was) and still had to go to court over it. Some of them got off the charge completely, but most of them got some type of penalty for being impaired (less of a penalty than a DUI) and some of them actually got a DUI. Kind of depends on how good of an attorny the person has and what type of judge is presiding over the case and what type of mood the judge is in (and your past history).

I do know in NY that you can be ticketed for going to fast despite being well below the speed limit. There's a law in NY (and I'm sure plenty of other states have it as well) that you can be going to fast for the conditions despite being well under the speed limit. So there's a different example of a person not really breaking the law, but still getting in trouble when the investigation was concluded.

Anyway, given Johnson's past criminal history problems, the fact he was originally cited for speeding (which the court will most likely directly tie to him being *impaired) and his BAC being just below the legal limit, I bet that he's giong to be charged with either DUI or something close to it.





YAKUZA

 

[Verdict]

let me ask though, from a purely economical standpoint, what costs more? your services or the fines, etc. the person gets if guilty?

It is almost always cheaper to hire an attorney.

 

[Kilyin]

Good info. How likely is that plea to a lesser charge though?

BTW - I thought the proper legal term was DUI rather than DWI. They don't teach you that at Pepperdine?

Varies by state, Texas still calls them DWI.

 

[Vintage]

Under Arizona law, Johnson could still face a charge for "impairment to the slightest degree." The state has separate charges for blood alcohol levels of .08 or higher and .15 or higher. The "slightest degree" charge usually accompanies the other charges, but the state does not have to show any blood alcohol level to bring the minimum charge.

http://sports.espn.go.com/nfl/news/story?id=2923817

Personally, I am betting on him getting a speeding ticket.

 

[Vintage]

Varies by state, Texas still calls them DWI.

DWI
DUI
OMVI

 

[Yakuza Rich]

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.

Johnson probably didn't know his rights and/or thought he wasn't all that impaired as it doesn't take much to hit his mark. I've unfortunately known tons of people who have been hit with DUI's (my cousin and a friend of mine have 3 each and countless other people) and were in similar cases like Johnson's and I have a lot of friends and family that work in police departments. It really wouldn't surprise me if Johnson got a DUI and I think he's likely to get some type lesser fine.

IIRC, a lot of states have have DUI which stands for "driving under the influence" and I believe the lesser charge which could apply in Johnson's case would be called "driving while impaired" or something to that affect.

I've never gotten a DUI, but I was always told to take the road test because if you refuse then they'll make you take the breathalyzer which you pretty much have to take. But if you pass the road test they'll often just deem you safe to go and won't bother with the breathalyzer unless the cop is just dying to bust somebody.




YAKUZA

 

[Bob Sacamano]

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

Some folks here crack me up with the loosey-goosey legal applications -- a guy has a drug test that comes up for something that doesn't relate to performance (marijuana) and it is all "it is illegal!" but here a guy, by the letter of the law isn't guilty of driving under the influence and it is all "but he was close!"

it's not a DUI, but isn't a DWI .05?

 

[Verdict]

What about on-road test like straight line walking, touching nose and reciting alphabets in reverse order, can you refuse them as well?

If not, can that be used against you at the court to convict you?

You always have the right against self incrimination.

 

[AbeBeta]

It is almost always cheaper to hire an attorney.

It does not surprise me that you say that.

But I'll assume you are correct since, against my better judgment, I trust lawyers.

 

[Yakuza Rich]

let me ask though, from a purely economical standpoint, what costs more? your services or the fines, etc. the person gets if guilty?

The fines, easily. My cousin has gotten 3 DUI's. The fines are at least $1,000. Then your insurance is going to skyrocket (if you can still get insurance) and then you probably will do some community service. People almost always get an attorney with a DUI because even if they are found guilty, more often than not the attorney can get fines and penalties reduced.





YAKUZA

 

[Bob Sacamano]

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

my point of view is this, Tank should be doing everything in his power to stay within the law, even though he didn't break the law this time, he shot it pretty close

but I have been guilty of this, won't say how many times so I can't really pass judgement

 

[Vintage]

Hypothetical for some of the lawyers in this group....

Say I get pulled over and they want to test me for sobriety. Say I have nothing in my system because I haven't had a drink.

What would happen if I was to "mess" with the officer, like, fail to say the alphabet backwards correctly, fail the straight line test...but when it comes to the breathalyzer, pass with flying colors.

Obviously, I wouldn't get a ticket for anything alcohol related. But would I get a ticket for ****ing with the police?

 

[Verdict]

It does not surprise me that you say that.

But I'll assume you are correct since, against my better judgment, I trust lawyers.

You have to remember what a conviction does to your insurance rates.

 

[AbeBeta]

You always have the right against self incrimination.

And in some states, the penalty is harsher if you refuse the test.

 

[Bob Sacamano]

And in some states, the penalty is harsher if you refuse the test.

automatic 4 month suspension

your basically looked at as being guilty

take the test

 

[theogt]

automatic 4 month suspension

your basically looked at as being guilty

take the test

Horrible advice. Absolutely horrible. Unless you're completely sober.