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Old 05-02-2008, 11:39 AM   #41
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Originally Posted by Vastardikai View Post
Well, his name isn't Randy Orton, so he'll be in the dog house.
Yep, next thing you know he'll be shoved into some thrown together tag team with Carlitto and jobbing to Cody Rhodes. um...hang on.
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Old 05-02-2008, 12:11 PM   #42
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He was arrested for impersonating a stereotype.
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Old 05-02-2008, 12:22 PM   #43
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I thought the fact I said "jeez" may have hinted at my sarcasm, in future I will try to be more clear for you.
Copout.

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Originally Posted by RVDmark View Post
I guess they just do thigs differently over there. I am not in favour of drink-driving. Not for one second, but not breathalysing him at the time just seems like sloppy police work.

Do they not use roadside testing equipment in the states?

I agree KK that he probably was over at the time, but I just don't see why it takes 2 hours to get a reading.

In the UK if you are under when tested, you are under, end of.

They do use roadside testing. I don't know about all states, and because it's a state law, some may not. With 50 states, it's hard to keep track of all the laws on a given topic. I do know there are plenty of states where a test after the fact is still acceptable, and I don't see a problem with that. I can reasonably and accurately tell you what his BAC was. What difference should it make?
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Old 05-02-2008, 04:30 PM   #44
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Old 05-02-2008, 07:30 PM   #45
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Originally Posted by Kane Knight View Post

Besides, standard reduction of BAC means he was well over the limit at the time. They can demonstrate this by taking his BAC and adding 2 hours to it. End of story.
They can't do that. The human body produces different results for everyone and they can't get an accurate reading by doing this.
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Old 05-02-2008, 07:42 PM   #46
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They can't do that. The human body produces different results for everyone and they can't get an accurate reading by doing this.
The variances are surprisingly small.
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Old 05-02-2008, 08:57 PM   #47
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Not denying it. I don't know the human body well enough to comment. I just know they can't get away with it. There needs to be a reason they didn't test him when they arrested him.
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Old 05-02-2008, 08:58 PM   #48
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Sorry they did test him but where are the results?
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Old 05-02-2008, 09:34 PM   #49
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Quote:
Originally Posted by Rob View Post
Not denying it. I don't know the human body well enough to comment. I just know they can't get away with it. There needs to be a reason they didn't test him when they arrested him.
Actually, the only reason there needs to be is they don't have to.

You see, in several states, you don't need to actually do a field test. You can take someone in on suspicion of DUI/DWI and test them when you bring them in.

In short, they don't need a reason. They can "get away with it," and in all probability they will.

Metabolic differences that would put him outside the standard variance I already gave are rare enough that it qualifies as beyond a reasonable doubt, the tenet of American law in the first place. It's actually more probable that there would be a suffificent variance in the BrAC test itself, and that's improbable enough that arguing it would never succeed in court. In other words, it's not 100% certain, but it's "close enough for law."

Quote:
After being taken to the Hillsborough County jail, Carelli's BAC registered at .061 and .062. Although the legal blood alcohol content in Florida in .08 -- he took the test nearly two hours after being arrested and can still be prosecuted.
Emphasis mine. Which also answers your question about the results.
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Old 05-02-2008, 09:35 PM   #50
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Why don't you offer to represent him, Rob?

But yeah, sounds a bit fucked up he apparently failed 3 times including at the roadside, but the highest number they have is below the limit.

His weariness could be due to being tired. I mean, he is a pro wrestler working for Vince.

Sounds like a naive thought, but is entirely likely.
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Old 05-02-2008, 09:37 PM   #51
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You're right about naive.
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Old 05-02-2008, 09:38 PM   #52
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Oh, and the English law for this basically emphasises what Rob is saying.
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Old 05-02-2008, 09:40 PM   #53
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Also, when they say he failed two sobriety tests, they mean the balance and step tests. These are enough to bring someone in, and don't qualify as things that would be readily explained by "working for Vince," except if used in the phrase "You'd have to be high to..."
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Old 05-02-2008, 09:41 PM   #54
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Quote:
Originally Posted by Fabien Barthez View Post
Oh, and the English law for this basically emphasises what Rob is saying.
Too bad he wasn't arrested in England, then. I mean, we're kind of talking about an American arrest, so British law has about as much to do with it as the price of tea in China.
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Old 05-02-2008, 09:42 PM   #55
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You're right about naive.
Well, Ive driven a car tired as fuck before, after a few beers. Ive not been drunk but I have occasionally, due to the tiredness, not the drinking found my self struggling to concentrate. Had I been pull I may have suffered the same fate of only being on the edge of the limit.

I already stated that it seems naive. It honestly didn't need re-iterating by you when you have no more facts or evidence to prove me wrong.
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Old 05-02-2008, 09:44 PM   #56
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Originally Posted by Kane Knight View Post
Too bad he wasn't arrested in England, then. I mean, we're kind of talking about an American arrest, so British law has about as much to do with it as the price of tea in China.

Rob is English, and I'm just assuming he wouldn't have expected the US law to be so 'well, it's close enough for us' about it.
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Old 05-02-2008, 09:49 PM   #57
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Although, that in itself would have been naive. Vicious cycle.
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Old 05-02-2008, 09:49 PM   #58
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Quote:
Originally Posted by Fabien Barthez View Post
Rob is English, and I'm just assuming he wouldn't have expected the US law to be so 'well, it's close enough for us' about it.
Yeah, relying on scientific probabilities that are far beyond any reasonable doubt seems pretty ridiculous. Kinda like that Global warming myth.

DNA's "close enough," too. Do you guys think relying on that is unexpected?
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Old 05-02-2008, 09:54 PM   #59
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Doesn't stop my original point that the argument you are having is simply the difference in the national law on the subject.

And although, as you say they are 'relying on scientific probabilities that are far beyond any reasonable doubt', still doesn't make it fucking fact.

Comparing DNA evidence with blood alcohol levels and speed of decline? Whatever, dude.
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Old 05-03-2008, 03:33 PM   #60
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I failed a field sobriety test one time, but I have dangerously flat feet and was wearing flip flops. So, I couldn't walk the line.
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Old 05-03-2008, 05:03 PM   #61
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Quote:
Originally Posted by Fabien Barthez View Post
Doesn't stop my original point that the argument you are having is simply the difference in the national law on the subject.

And although, as you say they are 'relying on scientific probabilities that are far beyond any reasonable doubt', still doesn't make it fucking fact.

Comparing DNA evidence with blood alcohol levels and speed of decline? Whatever, dude.
Right. Doesn't change your original point, or make it any less stupid

Hey...You know what makes it fact?

The fact of the matter. Or are you just going to be selective about what science you accept?
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Old 05-03-2008, 07:04 PM   #62
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I would accept the reading on my blood alcohol level at the time of arrest. Not two hours later, using nothing but probability to determine the level at time of arrest. Especially as the rate of decretion can potentially variate dramatically, even if by probability, it won't.

I accept science, not probability, dressed up as fact.

I mean, what is this? Lets try to argue about fuck all day or something? Nothing I said was invalid or incorrect. Just because you use sarcastic undertones in your response doesn't give you any highground.
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Old 05-04-2008, 12:52 PM   #63
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Rob is English.
How fucking dare you!!!!!!
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Old 05-04-2008, 12:54 PM   #64
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Bob Barnett is a lawyer (California mind you) and he says it's gonna get thrown out because they don't have a failed test or a failure to take one.
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