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Post by Henry Skrimshander on May 10, 2018 16:13:57 GMT -8
An OSU female athlete was arrested on Saturday night by the OSP after blowing a .05, nearly 38% below the legal limit. Police report says she "failed to stay within her lane."
My advice to her? Take it to trial. No jury will convict you. Unfortunately, you'll be out of about $5,000 in legal fees, and go through a big hassle.
Served on a DUII jury about four years ago. cops pulled a guy for turning into the middle lane of Harrison from 6th Street (the street alongside the RR tracks), where the sidewalk bulges into the street and makes a turn into the far left lane neigh-impossible. It's a move used by almost every single driver at that intersection, without being stopped by the cops.
He blew an .06, easily handled the field sobriety tests, cop said his driving showed no signs of impairment. It took us 20 minutes to find him not guilty, and 15 minutes of that was sitting around in the jury room, laughing at the cop, and at the poor DA who had to prosecute an unwinnable case because of CPD over-reach.
Just another CPD/OSP/BCSO horror story.
Yes, DUII is a terrible thing. But .05 is not DUII.
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Post by avidbeaver on May 10, 2018 16:44:31 GMT -8
You can still be arrested for a dui even it you don't blow a .08 . If you are considered impaired then you can still be charged with a dui even though you blow less than .08 .
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Post by believeinthebeavs on May 10, 2018 16:55:10 GMT -8
And Corvallis has a history prosecuting below limit cases. There have been 0% cases.
If it were me I'd fight it and recommend that anyone in this situation to do the same.
I've seen a citation given to a co-worker that claimed the guy was weaving erratically within his lane
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Post by sagebrush on May 10, 2018 17:14:37 GMT -8
Question: what was the skin color of the athlete? DWB (B=black or brown) is almost a felony in Corvallis for some cops.
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Post by Henry Skrimshander on May 10, 2018 18:50:56 GMT -8
Question: what was the skin color of the athlete? DWB (B=black or brown) is almost a felony in Corvallis for some cops. Caucasian. Yes, you can be impaired at .05. My guess is, she wasn't, and she will be found not guilty at trial in about 10 minutes. Meanwhile, she's out a major chunk of change, with no repercussions for a crappy arrest to the OSP officer. |
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Post by Werebeaver on May 10, 2018 19:02:59 GMT -8
Question: what was the skin color of the athlete? DWB (B=black or brown) is almost a felony in Corvallis for some cops. Caucasian. Yes, you can be impaired at .05. My guess is, she wasn't, and she will be found not guilty at trial in about 10 minutes. Meanwhile, she's out a major chunk of change, with no repercussions for a crappy arrest to the OSP officer. I try to maintain my BAC between .02 and .05 at all times. |
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Post by beavfan14 on May 10, 2018 19:27:52 GMT -8
I'm sorry but this is a stupid post. People are impaired at very different levels. A girl with a lesser body weight can easily be impaired at .05. What if she had an accident where someone else got hurt? Would you still be saying this? 38% under the limit? That means she was 62% legally intoxicated. So you're good with almost 2/3 drunk? I understand there are cops who push their "power" too far. But most cops are just trying to do their job well. If the officer had let her go, and she had an accident then people would be upset she wasn't cited for DUI. If you don't want to get arrested, don't drink and drive. I have a lot of friends and family who are cops, and have been on ride alongs with them. They put up with a lot of crap, take it, and say thanks and have a good day. So this athlete was driving erratically and was pulled over. Guaranteed she took a couple of FST's and then a breathalyzer test. Again, i get that there are cops who abuse their position, but the vast majority are just trying to do their job, so don't blame them for other people's mistakes.
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Post by Werebeaver on May 10, 2018 19:42:46 GMT -8
I'm sorry but this is a stupid post. People are impaired at very different levels. A girl with a lesser body weight can easily be impaired at .05. What if she had an accident where someone else got hurt? Would you still be saying this? 38% under the limit? That means she was 62% legally intoxicated. So you're good with almost 2/3 drunk? I understand there are cops who push their "power" too far. But most cops are just trying to do their job well. If the officer had let her go, and she had an accident then people would be upset she wasn't cited for DUI. If you don't want to get arrested, don't drink and drive. I have a lot of friends and family who are cops, and have been on ride alongs with them. They put up with a lot of crap, take it, and say thanks and have a good day. So this athlete was driving erratically and was pulled over. Guaranteed she took a couple of FST's and then a breathalyzer test. Again, i get that there are cops who abuse their position, but the vast majority are just trying to do their job, so don't blame them for other people's mistakes. Umm no. You do realize that BAC percentages are proportional don’t you? A .05 BAC for a small person is a proportionally smaller total amount of alcohol in their smaller bloodstream than for a large person. You may be confusing the fact that the same number of drinks will affect a small person more than a large person. But a small person is not more drunk at .05 BAC than a large person is at .05 BAC. |
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Post by Henry Skrimshander on May 10, 2018 19:57:03 GMT -8
I What if she had an accident where someone else got hurt? Would you still be saying this? So this athlete was driving erratically and was pulled over. Guaranteed she took a couple of FST's and then a breathalyzer test. Again, i get that there are cops who abuse their position, but the vast majority are just trying to do their job, so don't blame them for other people's mistakes. She didn't. She wasn't. The mistake was the cop's, as most likely will be shown at trial. |
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Post by newduke2 on May 10, 2018 20:49:25 GMT -8
I'm sorry but this is a stupid post. People are impaired at very different levels. A girl with a lesser body weight can easily be impaired at .05. What if she had an accident where someone else got hurt? Would you still be saying this? 38% under the limit? That means she was 62% legally intoxicated. So you're good with almost 2/3 drunk? I understand there are cops who push their "power" too far. But most cops are just trying to do their job well. If the officer had let her go, and she had an accident then people would be upset she wasn't cited for DUI. If you don't want to get arrested, don't drink and drive. I have a lot of friends and family who are cops, and have been on ride alongs with them. They put up with a lot of crap, take it, and say thanks and have a good day. So this athlete was driving erratically and was pulled over. Guaranteed she took a couple of FST's and then a breathalyzer test. Again, i get that there are cops who abuse their position, but the vast majority are just trying to do their job, so don't blame them for other people's mistakes. Umm no. You do realize that BAC percentages are proportional don’t you? A .05 BAC for a small person is a proportionally smaller total amount of alcohol in their smaller bloodstream than for a large person. You may be confusing the fact that the same number of drinks will affect a small person more than a large person. But a small person is not more drunk at .05 BAC than a large person is at .05 BAC. Good point. Otherwise, if the test was not proportional to body weight/size, it would be highly discriminatory against small and slim/skinny folks. |
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Post by wetrodentia on May 11, 2018 9:39:36 GMT -8
I'm sorry but this is a stupid post. People are impaired at very different levels. A girl with a lesser body weight can easily be impaired at .05. What if she had an accident where someone else got hurt? Would you still be saying this? 38% under the limit? That means she was 62% legally intoxicated. So you're good with almost 2/3 drunk? I understand there are cops who push their "power" too far. But most cops are just trying to do their job well. If the officer had let her go, and she had an accident then people would be upset she wasn't cited for DUI. If you don't want to get arrested, don't drink and drive. I have a lot of friends and family who are cops, and have been on ride alongs with them. They put up with a lot of crap, take it, and say thanks and have a good day. So this athlete was driving erratically and was pulled over. Guaranteed she took a couple of FST's and then a breathalyzer test. Again, i get that there are cops who abuse their position, but the vast majority are just trying to do their job, so don't blame them for other people's mistakes. I'm sorry but in my opinion this is a stupid post. The law today makes it illegal to be slightly buzzed. Who among us who drink somewhat regularly think at .08 you're "drunk". Or at .05 you're 5/8 drunk? I'm not sure if I have a beer with dinner that I wouldn't be at a .05, but i'm sure i'm not close to being drunk or impaired. I think when I was younger .12 was the threshold for "legally intoxicated", so "drunk" seems to be a moving target in legal terms. .08 may be the law and I respect that, but you could likely have a shot of cough syrup on an empty stomach and blow a .05. If the girl was 21+ and blew a .05 I believe most cops I know would tell her to drive safe and go home. |
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Post by mbabeav on May 11, 2018 9:44:19 GMT -8
If I recall it right, Corvallis/Benton County had a DA back a few decades ago who lost someone close to a drunk driver. He became a zero tolerance, charge anyone with even the smallest amounts of alcohol in their system prosecutor, and it was not a good time to drink anything and drive. Then we had this guy on the police force www.thenewspaper.com/news/20/2067.asp |
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Post by baseba1111 on May 11, 2018 10:51:28 GMT -8
BUT... what if she was a uck athlete???  |
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Post by Werebeaver on May 11, 2018 12:11:12 GMT -8
BUT... what if she was a uck athlete??? I don't think she's plead guilty yet. Get back to me when she does. |
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Post by Henry Skrimshander on May 11, 2018 12:35:40 GMT -8
BUT... what if she was a uck athlete??? Then she wouldn't have been pulled over in the first place, much less charged. Or the OSP guy would have asked for her autograph, like the cop in the Cliff Harris case, then let her go on her way. |
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