| FTBL Kenny Stabler's sentencing Wed.
- Thread starter bamanaf
- Start date
bamanaf said:
The HAMMER!!!!!
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He better lay off the sauce or we're gonna be reading his obit. He's getting a little old for these shananigans.
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I'm not sure how this affects the legalities of it, but Stabler refused the field sobriety test. I'm guessing that they will actually try this case at some point, since he entered a not guilty plea.
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TerryP said:
No physical proof that I know of. I don't know if they taped the arrest or not. Of course they will have the officer's testimony about what led him to stop Stabler, and the refusal to take the field test would have some implications, at least to me.
psychojoe said:
Right to counsel is where this line gets real blurry. I know a half of a dozen or so "DUI attorneys" here in town and when we've played golf and the subject has come up they've always maintained, cooperate and ask for your attorney when they ask for a field sobriety test or breath test.
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TerryP said:
I sure didn't know you could refuse one. I'm glad to have no experience in this area.
If you are weaving/driving erratically, have slurred speech, bloodshot eyes, are unsteady on your feet, fumble around producing your driver's license, and have a strong odor of an alcoholic beverage on your breath, you're probably going to be convicted of DUI unless you have a medical problem.
Defense attorney's will still try and say police have no evidence because you refused to do a physical sobriety test and refused to give a sample of your breath/blood. Believe me, people are convicted every day with out them. It all depends on how well the officers did their job and how well the defense paints the officers as being incompetent liars.
Most defense attorney's will tell you if you know you are guilty of DUI, never take the breath test and never do the sobriety test. All you lose is your license for a period of time for refusing and they have a harder time defending.
That said, if he is guilty, I hope he gets a conviction. Maybe he will get some help and a life or two may be saved in the future.
Defense attorney's will still try and say police have no evidence because you refused to do a physical sobriety test and refused to give a sample of your breath/blood. Believe me, people are convicted every day with out them. It all depends on how well the officers did their job and how well the defense paints the officers as being incompetent liars.
Most defense attorney's will tell you if you know you are guilty of DUI, never take the breath test and never do the sobriety test. All you lose is your license for a period of time for refusing and they have a harder time defending.
That said, if he is guilty, I hope he gets a conviction. Maybe he will get some help and a life or two may be saved in the future.
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BamaHeat said:
;tr ;tr
Perhaps even his own.
I know in Pennsylvania you can refuse a breathalyser, but you are arrested (or as they say - detained) and taken to the police station for a blood test (not from personal experience - actually taken from literature that they give you at the DUI checkpoints they have all over the place up here on weekends). Refusal of the blood test at that point means the charge goes from the officers report - where he or she will undoubtedly say that you were intoxicated or why else would you be there.
I don't know if that offers any insight, but that's how they do things here in the Peoples Socialist Republic of Pennsylvania.
Also, DUI #3 lands you mandatory jail time here.
Snake better start watching himself!
In Alabama you consent to take a breathalyser test when you sign your licensen. If you refuse you lose your lisencen for awhile rather you found guilty or innocences of DUI. The burden of proof shifts to the arresting officer to prove that you are impaired. As for the fines.
1st time $600-$2100 fine up to 1 year in jail and 90 day suspension of licensen
2nd time $1100-$5100 fine mandatory 5 days in jail or minimum 30 days community services and 1 year revocation of licensen
3rd time $2100-$10100 fine mandatory 60 days to 1 year and 3 year revocation of licensen
4th time is a felony
1st time $600-$2100 fine up to 1 year in jail and 90 day suspension of licensen
2nd time $1100-$5100 fine mandatory 5 days in jail or minimum 30 days community services and 1 year revocation of licensen
3rd time $2100-$10100 fine mandatory 60 days to 1 year and 3 year revocation of licensen
4th time is a felony
The state wants his money. If they can't have that, they will put him in jail. That's the sad reality. Another reality is that the "land of the free" has more people incarcerated per capita than any other country in the world. Over 25% of ALL incarcerations on this planet are in the good ole' US of A with the vast majority being locked up for non-violent offenses. This, in a world of almost 7 billion people. As a nation and as a people, are we really THAT BAD? Or, are there perhaps flaws in our approach to crime and punishment in this country?
If Stabler or anyone else in a similar situation goes to jail over this their career will be ruined, their families will suffer while the centerpiece of the family unit is ripped away, and a tax-paying and otherwise law abiding citizen will be removed from society and will be replaced, at the expense of the tax payers, with a ward of the state. Surely, we can come up with a better solution than that for someone who may have had a few too many drinks at the local watering hole, who perhaps didn't maintain a lane well enough for a patrolman, and who most importantly DIDN'T HURT ANYONE!
Take his license away for some number of years? Sure. After all, there has to be accountability else we have anarchy. But if the politicians and lawyers had their way we'd all be prisoners with the only way of avoiding incarceration being the transfer of our bank accounts into theirs.
FDR's "fear itself" comment was never more relevant than it is now. Fear, and not reason, is driving many of us to vote for politicians who are running a "tough on crime" campaign with no solutions other than lock them up and throw away the key while certain blowhard pundits on the TV are singing the fear-laced chorus line every night of the week. These politicians are willing to enact legislation that is strictly punitive and makes no attempt whatsoever to help fix the underlying problem. And for what?
Will he be a better man when he gets out? Will he have more remorse than he already has? Will his family be better off? No, no, and no.
Will the fear-mongering politicians get more votes running a "tough on crime" campain? Will lawyers put tens of thousands of dollars into their pockets every time they handle a DUI case? Will certain judges who belong to the same country clubs as those lawyers also reap financial gains if the offender comes up with the right amount of cash? Yes, yes, and sadly yes.
Do I sometimes get into a cynical mood? Do I do so at the expense of those who bother to read this far down into my blathering? Yes and yes.
Seriously, I do hope and pray for him and his family that he manages to get his life and his family back on track very soon.
If Stabler or anyone else in a similar situation goes to jail over this their career will be ruined, their families will suffer while the centerpiece of the family unit is ripped away, and a tax-paying and otherwise law abiding citizen will be removed from society and will be replaced, at the expense of the tax payers, with a ward of the state. Surely, we can come up with a better solution than that for someone who may have had a few too many drinks at the local watering hole, who perhaps didn't maintain a lane well enough for a patrolman, and who most importantly DIDN'T HURT ANYONE!
Take his license away for some number of years? Sure. After all, there has to be accountability else we have anarchy. But if the politicians and lawyers had their way we'd all be prisoners with the only way of avoiding incarceration being the transfer of our bank accounts into theirs.
FDR's "fear itself" comment was never more relevant than it is now. Fear, and not reason, is driving many of us to vote for politicians who are running a "tough on crime" campaign with no solutions other than lock them up and throw away the key while certain blowhard pundits on the TV are singing the fear-laced chorus line every night of the week. These politicians are willing to enact legislation that is strictly punitive and makes no attempt whatsoever to help fix the underlying problem. And for what?
Will he be a better man when he gets out? Will he have more remorse than he already has? Will his family be better off? No, no, and no.
Will the fear-mongering politicians get more votes running a "tough on crime" campain? Will lawyers put tens of thousands of dollars into their pockets every time they handle a DUI case? Will certain judges who belong to the same country clubs as those lawyers also reap financial gains if the offender comes up with the right amount of cash? Yes, yes, and sadly yes.
Do I sometimes get into a cynical mood? Do I do so at the expense of those who bother to read this far down into my blathering? Yes and yes.
Seriously, I do hope and pray for him and his family that he manages to get his life and his family back on track very soon.
TideLine said:if the Snake's lawyer is worth a sheet he will
present into evidence a picture of the arresting officer wearing a
Auburn shirt and hat holding up more than one finger while smiling :lol:
Snake gets his DL pulled and gets rehab
Probation/community service and a big fine too.
While I don't condone drinking and driving, too many lives have been lost to harp on this subject. if Stabler wasn't who he is, we're not even discussing this. He should have known better obviously prior to the first offense, definitely after the first...
Still in our society, some people are going to do as they damn well please...
I for one know first hand that I am wrong to have a few drinks even watching football for five hours and three beers and then drive home... I know its wrong! Yet. I may make a conscious decision to gamble my freedom by doing so...
We've all done it and we all know we shouldn't... I can't pass judgement on the snake. I'm fortunate that I don't do this kind of behaviour anymore.
I hope he learns and doesn't do this anymore.
Still in our society, some people are going to do as they damn well please...
I for one know first hand that I am wrong to have a few drinks even watching football for five hours and three beers and then drive home... I know its wrong! Yet. I may make a conscious decision to gamble my freedom by doing so...
We've all done it and we all know we shouldn't... I can't pass judgement on the snake. I'm fortunate that I don't do this kind of behaviour anymore.
I hope he learns and doesn't do this anymore.
