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Off-Topic UF Transfer QB DUI Arrest at Ohio State

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RVACane said:
Here’s some film on the new gaytor portal transfer QB from Ohio State, Jack Miller. Maybe @flagator86 or @AtlAtty can break it down for us.

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Just watched the video. The officer did not have enough evidence for a DUI arrest until MIller agreed to do take the field sobriety tests. These are very subjective tests, especially the HGN test (1st test which is off camera and measures eye pursuit).
He did well on the heel to Toe, stumbled once on the one leg stand, but then really screwed up on E to Y (he ended that with T, U, Y).
Had Miller not taken the field sobriety it is unlikely that there was enough evidence for a DUI arrest.

Moral of this story is never, ever take the field sobriety tests in a DUI investigation. they are 100% VOLUNTARY.
On the other hand, if you refuse the Breathalyzer your license will automatically be suspended for a year even if you beat the DUI case in court.
And call Uber.

Funniest part of the video is when Miller casually slips in “I‘m a Ohio State football player”. Unfortunately for Jack he was dealing with a state trooper, likely on DUI patrol, and not Columbus PD.
 
AtlAtty said:
Just watched the video. The officer did not have enough evidence for a DUI arrest until MIller agreed to do take the field sobriety tests. These are very subjective tests, especially the HGN test (1st test which is off camera and measures eye pursuit).
He did well on the heel to Toe, stumbled once on the one leg stand, but then really screwed up on E to Y (he ended that with T, U, Y).
Had Miller not taken the field sobriety it is unlikely that there was enough evidence for a DUI arrest.

Moral of this story is never, ever take the field sobriety tests in a DUI investigation. they are 100% VOLUNTARY.
On the other hand, if you refuse the Breathalyzer your license will automatically be suspended for a year even if you beat the DUI case in court.
And call Uber.

Funniest part of the video is when Miller casually slips in “I‘m a Ohio State football player”. Unfortunately for Jack he was dealing with a state trooper, likely on DUI patrol, and not Columbus PD.
Click to expand...
If he refused the field test he probably would’ve been arrested though, right? So we’re talking about beating it after the arrest?
 
AtlAtty said:
Just watched the video. The officer did not have enough evidence for a DUI arrest until MIller agreed to do take the field sobriety tests. These are very subjective tests, especially the HGN test (1st test which is off camera and measures eye pursuit).
He did well on the heel to Toe, stumbled once on the one leg stand, but then really screwed up on E to Y (he ended that with T, U, Y).
Had Miller not taken the field sobriety it is unlikely that there was enough evidence for a DUI arrest.

Moral of this story is never, ever take the field sobriety tests in a DUI investigation. they are 100% VOLUNTARY.
On the other hand, if you refuse the Breathalyzer your license will automatically be suspended for a year even if you beat the DUI case in court.
And call Uber.

Funniest part of the video is when Miller casually slips in “I‘m a Ohio State football player”. Unfortunately for Jack he was dealing with a state trooper, likely on DUI patrol, and not Columbus PD.
Click to expand...
I think in some states they can obtain a warrant to pull a vial of your blood, Florida being one I think, but not sure. But depending on how long that takes, the BAC% window might pass. This trooper has his 'good cop' thing down pretty well. He got them to start incriminating themselves from the jump when they said they were coming from some crowded club/bar. Hand them your paperwork and stfu.
 
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AtlAtty said:
Just watched the video. The officer did not have enough evidence for a DUI arrest until MIller agreed to do take the field sobriety tests. These are very subjective tests, especially the HGN test (1st test which is off camera and measures eye pursuit).
He did well on the heel to Toe, stumbled once on the one leg stand, but then really screwed up on E to Y (he ended that with T, U, Y).
Had Miller not taken the field sobriety it is unlikely that there was enough evidence for a DUI arrest.

Moral of this story is never, ever take the field sobriety tests in a DUI investigation. they are 100% VOLUNTARY.
On the other hand, if you refuse the Breathalyzer your license will automatically be suspended for a year even if you beat the DUI case in court.
And call Uber.

Funniest part of the video is when Miller casually slips in “I‘m a Ohio State football player”. Unfortunately for Jack he was dealing with a state trooper, likely on DUI patrol, and not Columbus PD.
Click to expand...
Refuse the breathalyzer too.
 
RVACane said:
If he refused the field test he probably would’ve been arrested though, right? So we’re talking about beating it after the arrest?
Click to expand...
He absolutely would’ve been if the the cop observed bad driving and the odor of alcoholic beverages coming from him.
 
Gransapo said:
Refuse the breathalyzer too.
Click to expand...

Yes, refuse. License suspended for a year >> DUI/jail time. Especially if you know you’ve had 2-3+ drinks. If you’ve had 1 drink and you’re just tired, I think it becomes a gray area and I think you can justify perhaps taking a breathalyzer? I dunno.

Regardless, if you’re this kind of person, I recommend buying a personal breathaliZer so you can use it to make that decision
 
canes732 said:
He absolutely would’ve been if the the cop observed bad driving and the odor of alcoholic beverages coming from him.
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Yes but it is still less evidence against him in court. The driving was not bad on the video and he could blame the odor on the passengers.
 
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RVACane said:
If he refused the field test he probably would’ve been arrested though, right? So we’re talking about beating it after the arrest?
Click to expand...
Probably arrested, but without field sobriety he will first argue in court that the arrest was illegal. if successful, that will result in the breathalyzer being tossed out of court. And as you noted, even if unsuccessful challenging the arrest, there would still be much less evidence at trial.
As a lawyer the focus is always on beating the case in court. Cops have all the power on the streets.
 
AUcane said:
Yes, refuse. License suspended for a year >> DUI/jail time. Especially if you know you’ve had 2-3+ drinks. If you’ve had 1 drink and you’re just tired, I think it becomes a gray area and I think you can justify perhaps taking a breathalyzer? I dunno.

Regardless, if you’re this kind of person, I recommend buying a personal breathaliZer so you can use it to make that decision
Click to expand...
Very, very accurate advice as to how the number of drinks should impact the decision on the breathalyzer.
 
AtlAtty said:
Probably arrested, but without field sobriety he will first argue in court that the arrest was illegal. if successful, that will result in the breathalyzer being tossed out of court. And as you noted, even if unsuccessful challenging the arrest, there would still be much less evidence at trial.
As a lawyer the focus is always on beating the case in court. Cops have all the power on the streets.
Click to expand...
So, lesson learned here...if driving impaired, refuse field sobriety test..get license suspended for a year...fight this in court...and maybe get away with it....or take an Uber and not deal with any of that?
 
AtlAtty said:
Probably arrested, but without field sobriety he will first argue in court that the arrest was illegal. if successful, that will result in the breathalyzer being tossed out of court. And as you noted, even if unsuccessful challenging the arrest, there would still be much less evidence at trial.
As a lawyer the focus is always on beating the case in court. Cops have all the power on the streets.
Click to expand...
If a cop wants to arrest you for DUI he’s going to. Field tests are completely subjective and you can still be arrested even if you blow 0.0

Of course none of this will hold up in court but not until after you’ve already been arrested and bailed out and spent a bunch on a lawyer.
 
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AtlAtty said:
Uber. $50 or $5-10,000
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to me, it's an easy choice...only been pulled over once for suspected dui...did the field sobriety test...and was respectful to the officer...his field supervisor decided to let me go with just an improper lane change..this was well before Uber existed.
 
The arresting officer pulled a lot of veteran moves there. Cited to erratic driving and the ever-present "strange odor", immediately called him by his first name to create a friendly and casual tone, repositioned the vehicle (and dashcam) to get a better view of the field sobriety test, brought him back to the cruiser for the alphabet and counting tests, and perfectly played the "don't worry, everything is good" card throughout the encounter....

But my personal favorite was when he had "Jack" take a couple steps to his left before beginning the walking/balance tests. The officer was intelligently protecting the results of his upcoming sobriety test by making certain Jack wasn't starting on the sloped portion of the sidewalk. Veteran move.
 
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Odor from alcoholic beverages is pretty commonly defended against by DUI lawyers in court. It can mean consumption but cannot prove impairment.
 
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