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Tony La Russa arrested

Discussion in 'Sports and News' started by Moondoggy, Mar 22, 2007.

  1. HeinekenMan

    HeinekenMan Active Member

    Oh, I'm not saying that he didn't commit a crime. I'm just saying that we shouldn't think ill of someone for this sort of act.

    As for the penalty, it's just a slap on the wrist anyway. Nothing he can't handle in stride. It's probably a three-month suspension and a small fine. I would argue that it's probably fitting for his case. But I'd like to think that someone with a BAC three times as high should be slapped a little harder.
     
  2. Johnny Dangerously

    Johnny Dangerously Well-Known Member

    The judge heard an impassioned closing argument in defense of Tony La Russa from his legal representative in his DUI case, HeinekenMan ...
     
  3. Shaggy

    Shaggy Guest

    True story. I fell asleep at my girlfriends house and head home at 4 a.m. after I wake up. I get pulled over by a bored cop who notices I have a cap on, makes some lame-ass excuse that my blinker didn't come on quick enough and then proceeds to demand that I take a field sobriety test because of "reasonable suspicion." Whatever that means.

    I look him right in the eye and say "You know what? I'd rather just go down to the station and do the breathalyzer right now. That will shut you up pretty quickly."

    He lets me go.
     
  4. Shaggy

    Shaggy Guest

    Moral of the story. If you're completely sober, refuse the field sobrierty and do the breathalyzer. It's more fun and makes the cops feels stupid.

    If you're hammered, might as well try to pass the field sobriety because skipping that step won't do you any good.
     
  5. Tom Petty

    Tom Petty Guest

    nope, always refuse the field sobriety and then say you want your lawyer present before making a "statement" ... blowing on the breathathingy.
     
  6. cake in the rain

    cake in the rain Active Member

    Not true... first of all, YOU CANNOT PASS THE FIELD SOBRIETY. It is not pass/fail. It's just a way to gather evidence and build a case against you. You have the Constitutional right to decline to participate.

    Beyond that, without the field sobriety test, the cops often have no reason to detain you further (short of testi-lying.)

    For example, let's say you're stopped at a checkpoint or pulled over. You've exhibited no signs of improper driving, swerving, etc. You keep conversation with the cop to a minimum and don't roll your window down all the way. There is no reason to detain you. Maybe they do anyway. You decline the field sobriety. They take you in anyway and give you the Breathalyzer, which you narrowly fail.
    BECAUSE you declined to incriminate yourself with the field sobriety, your lawyer has a lot of ammunition with which to fight your case.

    You're always in danger of testi-lying.. i.e., the cop notices your eyes look red or your eyes are glassy or there is the smell of alcohol on your person... sometimes, it's true, but often this textbook stuff that they literally memorize and read like a script. But so many departments use audio and video recorders now that this can be easily refuted.

    It's also worth noting that cops are human and go for the easy arrests. If they see that you understand your rights and are likely to be a pain in the ass about asserting them, they'll move on to easier prey.

    Just for the record, I've never had a DUI, but have covered a lot of municipal court and seen good and bad DUI lawyers at work.
     
  7. STLIrish

    STLIrish Active Member

    Good column on LaRussa today by P-D metro columnist Bill McClellan.

    http://www.stltoday.com/stltoday/news/columnists.nsf/billmcclellan/story/50012A0B2B186669862572A7000F54E5?OpenDocument
     
  8. [​IMG]
     
  9. Armchair_QB

    Armchair_QB Well-Known Member

  10. Oz

    Oz Well-Known Member

    No way, I would take it. Someone once called me in for reckless driving because I didn't let him pass me -- he was so close to my bumper, I decided to slow to the 15 mph speed limit and boxed him in so he couldn't pass. Eventually, he passed me as we flipped each other off, just another Saturday night. Except his girlfriend, who was on the phone, called me into the cops. They followed me from a bar to a friend's apartment for five minutes.

    They wanted me to take the test ... I wanted to take that test. I don't drink, so I would have passed it with flying colors and he would have looked foolish. But after not smelling alcohol on my breath and telling him my story, he decided not to harass me anymore and drove away. Which bummed me out.
     
  11. Johnny Dangerously

    Johnny Dangerously Well-Known Member

    I think the free legal advice of you-cannot-pass-the-test means there is enough subjectivity in the supposed objectivity of a cop grading the test that anyone the cops want to fail the test will indeed fail the test.
     
  12. Oz

    Oz Well-Known Member

    Even if I've got absolutely zero alcohol in my system? And no liquor on my breath?
     
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