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  1. #61
    Join Date
    Feb 2007
    Location
    Los Angeles
    Quote Originally Posted by Acymetric View Post
    Technically, I think refusing the field sobriety test is fairly standard legal advice. There is very little incentive for the individual to perform the tests.
    I don't know about in other states, though I bet it's the same as here, but here in California that would be an inaccurate statement. A refusal to perform the tests or to give a sample of blood, breath, or urine is not only itself admissible in court, but the penalties if convicted of the DUI with the additional "refusal" allegation, go up substantially. When you get a driver's license, you sign something called "implied consent" in which you essentially promise to give a sample if requested, and if you refuse, you acknowledge and agree to the additional consequences.

    Quote Originally Posted by 4Gen View Post
    Driving with a BAC of .08% or more is DWI (actual proof of impairment is not required). One can also be convicted of DWI where the BAC is more or even less than .08% by showing the driver was appreciably mentally or physically impaired while driving.) So, the DA has a two pronged cause of action to prove DWI. I think if there is evidence of BAC of .10% or more (and it almost always is that high when testing has been done), the DA would be well advised not to proceed on the impairment prong because by the time the evidence is in, the jury starts to believe it is necessary to prove impairment, which is far harder to prove than a generated test result.
    Here it is routine for the prosecutor to charge both the Driving Under the Influence as one count in the case and then Driving with .08% or Higher BAC as the second count. Unless it is a "refusal" case, in which case of course there is no second count as there is no proof of the BAC. But when there is a sample given, that result is used in conjunction with the other evidence in the case -- such as manner of driving, alcohol on the defendant's breath, bloodshot eyes, unsteady gait, slurring words, plus his performance on the field sobriety tests, to prove that he was impaired for the DUI count in addition to the BAC results being used for the second count, which again is Driving with .08% or higher.

    A poster or two was kind of pooh-poohing the consequences of a DUI conviction. Here the fines are quite heavy -- and more so if it's not your first conviction -- plus the mandatory alcohol education program one must attend, plus sometimes additional programs, plus a driver's license restriction or suspension from DMV, plus court fees etc. It's no joke. And it shouldn't be.

  2. #62
    Join Date
    Nov 2007
    Location
    Raleigh, NC
    Quote Originally Posted by tommy View Post
    I don't know about in other states, though I bet it's the same as here, but here in California that would be an inaccurate statement. A refusal to perform the tests or to give a sample of blood, breath, or urine is not only itself admissible in court, but the penalties if convicted of the DUI with the additional "refusal" allegation, go up substantially. When you get a driver's license, you sign something called "implied consent" in which you essentially promise to give a sample if requested, and if you refuse, you acknowledge and agree to the additional consequences.
    The implied consent applies only to the official breathalyzer (or whatever the actual name is) reading at the station/jail (or a request for a blood draw). If you refuse that test, in NC you lose your license for a year regardless of whether you end up convicted or not. Probably similar in CA and elsewhere, as you mentioned.

    There are no penalties for refusing field sobriety tests in California or North Carolina, so you are mistaken on that point (or possibly you are just confusing the official tests with the field sobriety tests).

  3. #63
    Join Date
    Feb 2007
    Location
    Los Angeles
    Quote Originally Posted by Acymetric View Post
    The implied consent applies only to the official breathalyzer (or whatever the actual name is) reading at the station/jail (or a request for a blood draw). If you refuse that test, in NC you lose your license for a year regardless of whether you end up convicted or not. Probably similar in CA and elsewhere, as you mentioned.

    There are no penalties for refusing field sobriety tests in California or North Carolina, so you are mistaken on that point (or possibly you are just confusing the official tests with the field sobriety tests).
    Right. I misstated that. The penalties are for refusing the blood, breath, or urine, not for refusing the FST's.

  4. #64
    Iím surprised that thereís so much interest in an incident of a coach getting a DUI, particularly one who has no connection to Duke or the ACC, as far as I know.

    I guess it speaks volumes about the current dearth of compelling Duke basketball storylines.

  5. #65
    Quote Originally Posted by Phredd3 View Post
    I think the emphasis is wrong in the post above. It categorically does not matter that the specific choice to drive may have been made after he was in a state where he was less likely to make sound decisions. He voluntarily put himself in that state, and the consequences of doing so were entirely predictable before he did. The responsibility is his, and his alone, for allowing that to happen. Period. He gets no "credit" for his reduced abilities at the time.

    Further, the last sentence should not emphasize the need for enforcement. It is the INDIVIDUAL who needs to be the responsible agent. They owe a duty to society at large.
    I beg to differ, in that what you write appears to me to be a false dichotomy (or -ies), but I believe going further into it is not likely to lead to an agreed-upon conclusion. Do take heart though that I certainly don't feel any other person or society at large is responsible for the incident - Few is. (or is that, Few are?)

  6. #66
    Join Date
    Jan 2010
    Location
    Outside Philly
    Quote Originally Posted by Steven43 View Post
    Iím surprised that thereís so much interest in an incident of a coach getting a DUI, particularly one who has no connection to Duke or the ACC, as far as I know.

    I guess it speaks volumes about the current dearth of compelling Duke basketball storylines.
    You mean like Coach Kís imminent swan song?

  7. #67
    Join Date
    Jul 2008
    Location
    Correct side of the Durham/CH border
    Quote Originally Posted by Steven43 View Post
    I’m surprised that there’s so much interest in an incident of a coach getting a DUI, particularly one who has no connection to Duke or the ACC, as far as I know.

    I guess it speaks volumes about the current dearth of compelling Duke basketball storylines.
    If it wasn’t a top tier coach of a recently very successful and squeaky clean program, it probably wouldn’t be getting any attention. But it’s Mark Few.

    And we do play GU in a few months.

    So…
    ďCoach said no 3s.Ē - Zion on The Block

  8. #68
    Quote Originally Posted by Dr. Rosenrosen View Post
    If it wasnít a top tier coach of a recently very successful and squeaky clean program, it probably wouldnít be getting any attention. But itís Mark Few.

    And we do play GU in a few months.

    SoÖ
    Well okay, I guess that makes a bit more sense.

    But youíve got to admit there ainít a whole heckuva lot of compelling stuff going on in the Duke basketball world at the moment. Itís the lull before the storm.

  9. #69
    Quote Originally Posted by Steven43 View Post
    Iím surprised that thereís so much interest in an incident of a coach getting a DUI, particularly one who has no connection to Duke or the ACC, as far as I know.

    I guess it speaks volumes about the current dearth of compelling Duke basketball storylines.
    If a team has aspirations for a National Championship- they will likely be seeing the Zags. They are the team to beat and Few is their coach. The Zags are big time right now.

  10. #70
    Join Date
    Feb 2007
    Location
    Los Angeles
    Quote Originally Posted by Steven43 View Post
    Well okay, I guess that makes a bit more sense.

    But youíve got to admit there ainít a whole heckuva lot of compelling stuff going on in the Duke basketball world at the moment. Itís the lull before the storm.
    I think what Jon Scheyer is getting done on the recruiting trail is a pretty compelling story Ö

  11. #71
    Join Date
    Nov 2007
    Location
    Raleigh, NC
    Any excuse to avoid talking about football...

  12. #72
    Quote Originally Posted by tommy View Post
    I think what Jon Scheyer is getting done on the recruiting trail is a pretty compelling story Ö
    Well yeah, but weíve already talked in-depth about all three of those recruits. Not much left to say at this point. Just waiting on number four, if there is a fourth.

    Until then itís more Mark Few and Duke Football!

    Sorry, Acy, I posted before I had read your comment.

  13. #73
    Join Date
    Feb 2007
    Location
    New York, NY
    3 or 4 official drinks in an hour can get an adult man to 0.12.

    Depending on the pour, that could be 2 real-life drinks.

    Two real-life drinks can be delivered in one order at a happy hour, especially if itís a Mark Few whoís entered a sports bar.

    If he drinks a few drinks every night, he might not have felt impaired at all. If tested, regular drinkers can function fairly well/ok at 0.1, whereas neophytes would be drunk and wobbly.

    As for punishment, Iíd say heís already been shamed, which is bigger than community service, a fine, or whatever license restriction he gets.

    Having said that, I never drive after drinking, which is easy for those who live in NYC. When I see bars in other places, Iím perpetually confused as to the math: people routinely drink > 3 drinks, and the parking lots are full.

    My take-home message is to stay alert on the road, especially after 7 pm.

  14. #74
    Quote Originally Posted by johnb View Post
    When I see bars in other places, Iím perpetually confused as to the math: people routinely drink > 3 drinks, and the parking lots are full.
    Ahh, therein lies the rub!

    Iíve never quite figured that one out either.

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