SWA Pilot on paid leave pending alcohol investigation

[satpak77]

Any new developments regarding the drunk SWA pilot @ CMH?

I think we should wish the guy well, no?

Who cares what "the latest is"

 

[Amish RakeFight]

I think we should wish the guy well, no?

Sure.


Bottoms up! :beer:

 

[LarryinTN]

DUI carries with it a BAC requirement, which must be proven. Absent a proof of BAC, no DUI.

A drunk found sleeping in his car with keys in his possession will be given the standard sobriety tests just as they do with a drunk they catch driving the car.

 

[AC560]

A drunk found sleeping in his car with keys in his possession will be given the standard sobriety tests just as they do with a drunk they catch driving the car.

100% correct if you are passing out in the car, toss the keys. Even then you may have an issue but will more then likely beat it in court.

 

[J.Otto]

100% correct if you are passing out in the car, toss the keys. Even then you may have an issue but will more then likely beat it in court.

yeah but, how did you get in the car... tossing shows guilt afterwards

 

[lionflyer]

yeah but, how did you get in the car... tossing shows guilt afterwards

Not beyond a reasonable doubt. The car could have been unlocked. Depends on what the law says and if the prosecuter wants to pursue it.

 

[satpak77]

A drunk found sleeping in his car with keys in his possession will be given the standard sobriety tests just as they do with a drunk they catch driving the car.

BAC still needs to be met for a DUI conviction.

 

[satpak77]

yeah but, how did you get in the car... tossing shows guilt afterwards

You guys are killing me. Maybe someone else let him in the back seat, and who knows why he tossed the keys. This shows guilt of what?

Maybe he tossed the keys to keep himself from driving, and is about to with the MADD Reformed Drunk of the Year award.

 

[huronip]

He's back flying.

 

[get2flyin]

He's back flying.

I'm sure his peers are treating him like a hero.

 

[satpak77]

He's back flying.

Good for him !

 

[LarryinTN]

BAC still needs to be met for a DUI conviction.

Did you miss the part where I said, "A drunk..."?

 

[ultrarunner]

BAC still needs to be met for a DUI conviction.

I'm not sure about that. I think those that have refused the test (which you can do) will come out at the end of the day with an alcohol related driving conviction.

 

[Amish RakeFight]

I'm not sure about that. I think those that have refused the test (which you can do) will come out at the end of the day with an alcohol related driving conviction.

From what I've heard, driving is a privilege, not a right and therefore may be revoked. Based on this, one may decline a sobriety test and must surrender their license for a minimum of 1 year. After 1 year, you may apply for a drivers license again. The only thing which would show up on your DMV record was that it was revoked at some point. No evidence of a DUI/DWI will be present as no conviction took place.

This is just what I've heard.

 

[Scope out RJ's]

I'm sure his peers are treating him like a hero.

What else would you expect from a cowboy group like the southwest group. Just look at some of the behavior from these clowns.:smash:

 

[satpak77]

I'm not sure about that. I think those that have refused the test (which you can do) will come out at the end of the day with an alcohol related driving conviction.

For a DUI/DWI conviction, BAC must be proven.

Refuse a test and your DL can be suspended for refusal (which can be called up via records checks later) to take the test. It is suspended by the issuing authority, DPS, DOT/DMV, etc.

However for a conviction (which is criminal) for DUI/DWI, BAC indeed must be proven in court.

(or plead to out of court by the defendant who will say "yeah, you got me" but please be nice)

 

[N1atEcon]

What if I am drunk with a chick in the back seat and her pants are off with the keys in the pocket? And some Jacka$$ cop with nothing better to do starts flashing his light on her and tapping on the window. Oh yeah, that's right, he was cool and told us to "get a room." Ahhh memories........

 

[LarryinTN]

For a DUI/DWI conviction, BAC must be proven.

That's not true.

DUI is driving under the influence. All that is necessary is to prove that the driver was impaired. Any evidence of impairment can be presented, it doesn't have to be BAC results. One common form of evidence is the police car dashboard camera video of obvious impaired behavior during the traffic stop.

When BAC tests became available for enforcement most states added a second offense, called a per se offense, which does not require any evidence of actual impairment to prove. All that is needed is a BAC test result in excess of the state's legal limit.

A defendant can be convicted of both offenses, DUI and the per se offense, but will only receive one sentence.

 

[Amish RakeFight]

What if I am drunk with a chick in the back seat and her pants are off with the keys in the pocket? And some Jacka$$ cop with nothing better to do starts flashing his light on her and tapping on the window. Oh yeah, that's right, he was cool and told us to "get a room." Ahhh memories........

Same thing happened to me... in my moms car when I was 17 and the girl was 15. It was dark out on a dead street and the cops knocked on the fogged up windows. They just wanted to make sure the girl was okay. She nodded and said she was fine.. They went on their way.

 

[satpak77]

That's not true.

DUI is driving under the influence. All that is necessary is to prove that the driver was impaired. Any evidence of impairment can be presented, it doesn't have to be BAC results. One common form of evidence is the police car dashboard camera video of obvious impaired behavior during the traffic stop.

When BAC tests became available for enforcement most states added a second offense, called a per se offense, which does not require any evidence of actual impairment to prove. All that is needed is a BAC test result in excess of the state's legal limit.

A defendant can be convicted of both offenses, DUI and the per se offense, but will only receive one sentence.

Ok Larry, stick to that belief and good luck to you.