DOLPHINS: Brown's DUI (was RE: [Miami Dolphins' Ronnie Brown...)

PJ Bimonte listserv at bimonte.net
Sat Mar 27 22:55:27 GMT 2010 

You may want to give Ronnie or his lawyer a call then ...

-----Original Message-----
From: dolphins-disc-bounces at phins.com
[mailto:dolphins-disc-bounces at phins.com] On Behalf Of Patrick McLaughlin
Sent: Friday, March 26, 2010 9:31 AM
To: dolphins-disc at phins.com
Subject: Re: DOLPHINS: Brown's DUI (was RE: [Miami Dolphins' Ronnie
Brown...)


A perfect example of why he should not blow.  FWIW, I blew a .13 on the new
DMT and 20 minutes later blew a .09 back in November when we were playing
around on it at a seminar.  The National Patent folks could not explain why.
I tried to explain to them that I thought my baseline BAC was probably .09,
but I don't think they believed me.

 

As an aside, if anyone on the list is a runner and is headed to Charleston
this weekend for the bridge run, we will be down there.  I'll be the fella
sippin' Bloody Mary's tailgating from the back of a '65 red convertible
Caddy.  If you see us come say hi.

Patrick, getting down verbally...


 
> Date: Fri, 26 Mar 2010 06:55:50 -0500
> From: mdiana at tulane.edu
> To: dolphins-disc at phins.com
> Subject: Re: DOLPHINS: Brown's DUI (was RE: [Miami Dolphins' Ronnie
Brown...)
> 
> So Brown's BAC was apparently 0.158.
> 
>
http://www.miamiherald.com/2010/03/26/1547954/miami-dolphins-ronnie-brown-wa
> s.html
> 
> 
> On 3/25/10 12:52 AM, "ldouglas" <ldouglas at gmail.com> wrote:
> 
> > this is why i always do 2 mph over the limit when a cop is nearby,
> > and switch lanes when one comes behind me on the highway - as it seems
> > most are just interested in going by and not having you slow down to
> > the speed limit right in front of them. or so it seems to me.
> > 
> > On 3/24/10, Michael Fischer <thebigfish at smunet.net> wrote:
> >> Awesome post Pluv. Easiest way to avoid any of it is still not to
> >> drink and drive. I don't typically. And, if I thought I was, I'd
> >> call my wife or a taxi.
> >> It's just not worth it.
> >> 
> >> Cops are aggressive about this. I don't blame them ..but ... One
> >> night, after shooting a playoff baseball game I'm a block from home,
> >> it's about 10pm
> >> and the lights go on behind me. WTF I thought. Officer comes up and
> >> after the usual pleasantries ask if I have had anything to drink
> >> tonight. "No" I
> >> replied. I've been shooting baseball on assignment for the paper."
> >> 
> >> At this point he directs the flashlight over to the passenger seat
> >> where the Nikon and a 300mm f2.8 ( most people call it a REALLY big
> >> lens_) are
> >> sitting. He wants to know where I'm going. ("Ah..home.. about a block
> >> from here. Notice the address on the license..")
> >> 
> >> I realized later what got him interested in me was the posted speed
> >> was 45.. and I was driving 40. I was just bone friggin tired. Of
> >> course 14 hours days
> >> will do that. Cops are aggressive. I don't know about a bounty on DUIs
> >> around here... but nothing would surprise me..
> >> 
> >> Methinks Tuna et al are going to draft a RB.... potential replacement
> >> for Ronnie. This DUI doesn't help things.
> >> 
> >> M
> >> 
> >> 
> >> On Mar 24, 2010, at 9:00 AM, dougswub at aol.com wrote:
> >> 
> >>> 
> >>> wow.....nice write up Patrick.
> >>> 
> >>> I live in Florida. If I had consumed more than 3 drinks, I would
> >>> not have blown.
> >>> Also, it's all video taped from the dashboard as well. Your driver
> >>> license will be suspended
> >>> for 1 year, and get a good lawyer. He gets you a "hard ship driver
> >>> license". Basically
> >>> allows you to travel to work and church only. But that's better
> >>> than a guilty DUI on your
> >>> record.
> >>> Just my opinion. Ronnie won't ever drink n drive again, I bet.
> >>> 
> >>> 
> >>> 
> >>> 
> >>> 
> >>> 
> >>> 
> >>> 
> >>> -----Original Message-----
> >>> From: Patrick McLaughlin <pluvlaw at hotmail.com>
> >>> To: dolphins-disc at phins.com
> >>> Sent: Wed, Mar 24, 2010 9:25 am
> >>> Subject: Re: DOLPHINS: Brown's DUI (was RE: [Miami Dolphins' Ronnie
> >>> Brown...)
> >>> 
> >>> 
> >>> 
> >>> CA law is bad. I know Rick will disagree, but sorry..."a forced
> >>> blood draw"?
> >>> That absolutely ignores the 4th Amendment. In no other criminal
> >>> charge is the
> >>> State allowed to so clearly violate a person's right to be free from
> >>> unreasonable search. I'd call putting a needle in my arm and taking
> >>> my blood a
> >>> pretty invasive manuever by the state. This is in addition to most
> >>> states
> >>> having DUI laws pretty clearly violate the 5th Amendment and 6th
> >>> Amendment in
> >>> some fashion.
> >>> 
> >>> 
> >>> 
> >>> I disagree about the SFSTs. Shit...I had trouble doing them all
> >>> through my
> >>> training. Maybe that's b/c I'm more than 50 lbs overweight, which
> >>> NHTSA says,
> >>> along with being 65 or over, should prohibit me from being given the
> >>> one-legged
> >>> stand. I don't know, but even Rick would have to admit you can
> >>> "fail" either
> >>> one of the physical tests before the actually "start" and it only
> >>> requires 2
> >>> clues on each to fail. In the 8 years I have been watching DUI
> >>> videos, I can
> >>> count on one hand the times I have seen a cop correctly perform the
> >>> HGN test as
> >>> the NHTSA training requires. That's not necessarily a knock on
> >>> cops. It's
> >>> pretty damn hard to do in the safety of a class with a classmate,
> >>> let alone on
> >>> the side of a road with traffic wizzing by and someone you think is
> >>> drunk and
> >>> possibly dangerous across from you in the middle of the night. But
> >>> you have to
> >>> remember, this stuff is based on science. For science to be good,
> >>> it's got to
> >>> be uniformly done and adhere to strict protocols.
> >>> 
> >>> 
> >>> 
> >>> Here in SC, we're very lucky. We've got probably the best DUI laws
> >>> in the
> >>> nation (hey...we're the best at something! that and man-on-horse
> >>> luvin'), b/c
> >>> we've got a mandatory video taping requirement, from the time the
> >>> blue lights
> >>> come on through arrest and then back at the breath site, through the
> >>> 20-minute
> >>> observation and subsequent blow. Hence the best course of action is
> >>> to often
> >>> not blow. First, why give the State a reading high enough to raise
> >>> the
> >>> presumption of impairment? Often enough, a cop has gotten on the
> >>> stand and told
> >>> of how falling down drunk my client was, only to have me play the
> >>> video and guy
> >>> is fine. Second, the machines are not fool proof. We just switched
> >>> over to the
> >>> new DMTs here in SC and I have blown on one once and watched my BAC
> >>> level
> >>> fluctuate as badly as my air-level on the graph. When I asked the
> >>> reps from
> >>> National Patent how that could be, they shrugged, said they didn't
> >>> know, they
> >>> were seeing that fairly often. That's crazy. Your BAC level should
> >>> reach a
> >>> certain stage and plateau, not fluctuate like your air level. Plus,
> >>> National
> >>> Patent and SC have fought since the the old DMTs were introduced
> >>> here (back in
> >>> the '80s I think) against the criminal bar getting the source code
> >>> for the
> >>> machines. In other words, they won't let us know exactly how it is
> >>> programed.
> >>> If I can't completely understand how the machine is made and coded
> >>> to work, I
> >>> can't fully cross-examine its reading. It's a trial by machine
> >>> where Defendants
> >>> are denied the right even look into the machine.
> >>> 
> >>> 
> >>> 
> >>> Not to mention the problem with the arbitrary nature of the .08
> >>> blood level to
> >>> begin with. Way back when, when the G was trying to decide how to
> >>> deal with
> >>> DUIs, they asked the AMA to come up with a BAC that would result in
> >>> someone
> >>> being impaired. They came back with .15. That eventually got
> >>> lowered to .10.
> >>> Why? Was there any science behind it? No. It was political
> >>> pressue that
> >>> resulted in the lowering. And it's been lowered even further now
> >>> to .08, still
> >>> with no basis in science, only through political pressure. That
> >>> doesn't even
> >>> begin to get into the partition problem with alcohol in the blood,
> >>> wherein you
> >>> could easily be found guilty simply because your partition ratio is
> >>> not
> >>> "average."
> >>> 
> >>> 
> >>> 
> >>> Now...none of the above is meant to be legal advice for any particular
> >>> situation. You get in trouble, you need to go hire a lawyer. But
> >>> the original
> >>> genesis of the thread was to point out that getting "arrested" for
> >>> DUI and
> >>> actually being guilty of DUI are two wholly different concepts.
> >>> Unless you are
> >>> in CA. Then you're fucked. To keep this all Dolphins related:
> >>> since Ronnie
> >>> was in GA, I'd withhold judgment.
> >>> 
> >>> 
> >>> 
> >>> And his christian name is William C. Head, but around these parts
> >>> he's known as
> >>> Bubba.
> >>> 
> >>> Patrick, getting down verbally...
> >>> 
> >>> 
> >>> 
> >>>> From: mroz66 at comcast.net
> >>>> To: dolphins-disc at phins.com
> >>>> Date: Tue, 23 Mar 2010 22:14:07 -0700
> >>>> Subject: Re: DOLPHINS: Brown's DUI (was RE: [Miami Dolphins' Ronnie
> >>>> Brown...)
> >>>> 
> >>>> I can't speak for other states but in California you are asked at the
> >>>> roadside (where the arrest was made) what test you want to do. If
> >>>> you say
> >>>> breath and I take you to the station to take the breath test and if
> >>>> you
> >>>> refuse to blow, that is a refusal and you are going to have your
> >>>> drivers
> >>>> license suspended for a minimum of a year and you are going to get
> >>>> at least
> >>>> 2 extra days in jail. In Fairfield you are then taken to a hospital
> >>>> where a
> >>>> blood draw will be conducted (like it or not). The whole asking for
> >>>> a breath
> >>>> test and then asking for blood hoping that your BAC will be lower
> >>>> only works
> >>>> if you stopped drinking at least an hour before the car stop.
> >>>> Otherwise your
> >>>> BAC may still be rising.
> >>>> 
> >>>> Rick
> >>>> 
> >>>> ----- Original Message -----
> >>>> From: "ldouglas" <ldouglas at gmail.com>
> >>>> To: "Miami Dolphins Discussion" <dolphins-disc at phins.com>
> >>>> Sent: Tuesday, March 23, 2010 9:46 PM
> >>>> Subject: Re: DOLPHINS: Brown's DUI (was RE: [Miami Dolphins' Ronnie
> >>>> Brown...)
> >>>> 
> >>>> 
> >>>> so why do some people say "don't blow" - I'd always thought that was
> >>>> standard advice (as the BAC would go down once you go to the
> >>>> station/hospital) until I heard, as Patrick says, the DUI charge will
> >>>> be there no matter what if you refuse.
> >>>> 
> >>>> not that this is a problem for me anymore but it would still be
> >>>> nice to
> >>>> know.
> >>>> 
> >>>> On 3/24/10, Rick <mroz66 at comcast.net> wrote:
> >>>>> Patrick,
> >>>>> 
> >>>>> Couldn't disagree more with some of your comments. Over the past
> >>>>> three
> >>>>> years I have conducted over 2000 DUI investigations. If you have
> >>>>> only
> >>>>> consumed one or two drinks you have nothing to fear with regards
> >>>>> to SFST
> >>>>> or
> >>>>> a breath or blood test. IMO, it is to your benefit to take the
> >>>>> chemical
> >>>>> test
> >>>>> if you know you have not consumed enough alcohol to blow an .08.
> >>>>> As for
> >>>>> SFST, my experience is that they are easy for sober people to
> >>>>> perform,
> >>>>> impaired people... not so easy. :~)
> >>>>> 
> >>>>> I don't know about other states but in California you are required
> >>>>> to
> >>>>> give a chemical sample (blood or breath). If you refuse you we can
> >>>>> do a
> >>>>> force blood draw (not all cities allow that but mine does). So
> >>>>> either way
> >>>>> I
> >>>>> am going to get a sample.
> >>>>> 
> >>>>> Rick
> >>>>> 
> >>>>> 
> >>>>> 
> >>>>> ----- Original Message -----
> >>>>> From: "Patrick McLaughlin" <pluvlaw at hotmail.com>
> >>>>> To: <dolphins-disc at phins.com>
> >>>>> Sent: Tuesday, March 23, 2010 4:23 PM
> >>>>> Subject: DOLPHINS: Brown's DUI (was RE: [Miami Dolphins' Ronnie
> >>>>> Brown...)
> >>>>> 
> >>>>> 
> >>>>> 
> >>>>> Sorry, I'm commenting on this late, but it doesn't take much to
> >>>>> fail FSTs.
> >>>>> It's an abnormal activity you ask someone to perform in an abnormal
> >>>>> situation. While not familiar with GA DUI law, I can tell you that
> >>>>> in SC
> >>>>> if
> >>>>> you "failed" your FSTs, you're gonna get arrested for DUI. And most
> >>>>> everyone and their mother knows, you simply DO NOT BLOW when
> >>>>> pulled. I
> >>>>> don't care if I had drank only one beer, I would never blow. FWIW,
> >>>>> with
> >>>>> the
> >>>>> emphasis on DUI in law enforcement now, it's going to be harder
> >>>>> and harder
> >>>>> to find people going forward who have not had one. Here in SC, they
> >>>>> literally give special cars to the cops who write the most DUIs.
> >>>>> It's
> >>>>> like
> >>>>> door prizes.
> >>>>> If Ronnie knows what he's doing, he has hired Bubba Head to
> >>>>> represent him.
> >>>>> Head is the DUI guy in GA.
> >>>>> 
> >>>>> Patrick, getting down verbally...
> >>>>> 
> >>>>> 
> >>>>> 
> >>>>>> Date: Mon, 22 Mar 2010 15:49:48 -0400
> >>>>>> From: cheesefrog at usa.net
> >>>>>> To: dolphins-disc at phins.com
> >>>>>> Subject: Re: DOLPHINS: [Miami Dolphins' Ronnie Brown is arrested
> >>>>>> for
> >>>>>> DUI -
> >>>>>> 
> >>>>>> Miami Dolphins - MiamiHerald.com]
> >>>>>> 
> >>>>>> To reiterate Randy's comment, that (weaving) would make him not
> >>>>>> unlike
> >>>>>> every
> >>>>>> other car on the road.
> >>>>>> 
> >>>>>> I find it interesting that this story got no local press at all.
> >>>>>> I heard
> >>>>>> nothing on the Atlanta TV or radio, nor in the weekend paper. I
> >>>>>> also
> >>>>>> couldn't
> >>>>>> find a thing in either the Atlanta or Cartersville online
> >>>>>> newspapers.
> >>>>>> 
> >>>>>> Ronnie is a local hero in Cartersville. Curious the lack of media
> >>>>>> attention
> >>>>>> there. Makes me wonder if the charges will indeed be discounted.
> >>>>>> 
> >>>>>> ------ Original Message ------
> >>>>>> From: ldouglas <ldouglas at gmail.com>
> >>>>>> 
> >>>>>>> he was probably weaving too
> >>>>>>> 
> >>>>>>> On 3/22/10, Salas, Randy <Randy.Salas at startribune.com> wrote:
> >>>>>>>> The weird thing is that he was pulled over for failing to use his
> >>>>>>>> turn
> >>>>>>>> signal to indicate a lane change. That describes basically every
> >>>>>>>> other
> >>>>>> car
> >>>>>>>> on the freeway on my 20-mile commute to and from work every
> >>>>>>>> day. I
> >>>>>>>> wonder
> >>>>>>>> what his BAC was.
> >>>>>>>> 
> >>>>>>>> -----Original Message-----
> >>>>>>>> From: dolphins-disc-bounces at phins.com
> >>>>>>>> [mailto:dolphins-disc-bounces at phins.com] On Behalf Of Bill Morrow
> >>>>>>>> Sent: Sunday, March 21, 2010 11:35 PM
> >>>>>>>> To: Miami Dolphins Discussion
> >>>>>>>> Subject: Re: DOLPHINS: [Miami Dolphins' Ronnie Brown is
> >>>>>>>> arrested for
> >>>>>>>> DUI
> >>>>>> -
> >>>>>>>> Miami Dolphins - MiamiHerald.com]
> >>>>>>>> 
> >>>>>>>> You really don't understand human nature and the denial of people
> >>>>>>>> that
> >>>>>> drink
> >>>>>>>> and drive. 90% of the people that leave a bar after drinking are
> >>>>>>>> drunk
> >>>>>>>> enough that they have no business drinking but they do it anyway
> >>>>>>>> because
> >>>>>>>> they aren't too drunk to drive, "that only happens to other
> >>>>>>>> people".
> >>>>>>>> 
> >>>>>>>> Just because he has money does not mean that he is any more
> >>>>>>>> responsible
> >>>>>> than
> >>>>>>>> anyone else when it comes to drinking and driving. It comes
> >>>>>>>> back to
> >>>>>>>> the
> >>>>>>>> thing about believing that he isn't too drunk to drive. Money
> >>>>>>>> doesn't
> >>>>>> make
> >>>>>>>> you smarter or give you the ability to use more common sense,
> >>>>>>>> it only
> >>>>>> makes
> >>>>>>>> you richer.
> >>>>>>>> 
> >>>>>>>> 
> >>>>>>>> 
> >>>>>>>> 
> >>>>>>>> On Sun, Mar 21, 2010 at 9:38 PM, Richie Wohlers
> >>>>>>>> <richiewohlers at gmail.com>wrote:
> >>>>>>>> 
> >>>>>>>>> I just don't get it. If you're making millions per year, and you
> >>>>>>>>> had
> >>>>>>>>> a few drinks why don't you just call a limo? I know when I've
> >>>>>>>>> been
> >>>>>>>>> in
> >>>>>>>>> similar situations it's a tougher call because finding cab
> >>>>>>>>> fare when
> >>>>>>>>> I
> >>>>>>>>> was 24 was not the easiest thing.
> >>>>>>>>> 
> >>>>>>>>> On Sun, Mar 21, 2010 at 7:36 PM, ldouglas <ldouglas at gmail.com>
> >>>>>>>>> wrote:
> >>>>>>>>>> [Miami Dolphins' Ronnie Brown is arrested for DUI - Miami
> >>>>>>>>>> Dolphins -
> >>>>>>>>>> MiamiHerald.com]
> >>>>>>>>>> 
> >>>>>>>>>> 
> >>>>>>>>> 
> >>>>>>
http://www.miamiherald.com/2010/03/21/1540913/miami-dolphins-ronnie-brown
> >>>>>> -is.html
> >>>>>>>>>> _______________________________________________
> >>>>>>>>>> Dolphins-disc mailing list
> >>>>>>>>>> Dolphins-disc at phins.com
> >>>>>>>>>> https://www.phins.com/mailman/listinfo/dolphins-disc
> >>>>>>>>>> 
> >>>>>>>>> _______________________________________________
> >>>>>>>>> Dolphins-disc mailing list
> >>>>>>>>> Dolphins-disc at phins.com
> >>>>>>>>> https://www.phins.com/mailman/listinfo/dolphins-disc
> >>>>>>>>> 
> >>>>>>>> 
> >>>>>>>> 
> >>>>>>>> 
> >>>>>>>> --
> >>>>>>>> Bill
> >>>>>>>> 
> >>>>>>>> I may grow old but I will never grow up!
> >>>>>>>> You don't get too old to play games; you get old when you quit.
> >>>>>>>> Reality is that which, when you stop believing in it, doesn't go
> >>>>>>>> away.
> >>>>>>>> _______________________________________________
> >>>>>>>> Dolphins-disc mailing list
> >>>>>>>> Dolphins-disc at phins.com
> >>>>>>>> https://www.phins.com/mailman/listinfo/dolphins-disc
> >>>>>>>> 
> >>>>>>>> _______________________________________________
> >>>>>>>> Dolphins-disc mailing list
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> >>>>>>>> https://www.phins.com/mailman/listinfo/dolphins-disc
> >>>>>>>> 
> >>>>>>> _______________________________________________
> >>>>>>> Dolphins-disc mailing list
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> >>>>>>> 
> >>>>>> 
> >>>>>> 
> >>>>>> 
> >>>>>> 
> >>>>>> _______________________________________________
> >>>>>> Dolphins-disc mailing list
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> >>>>>> https://www.phins.com/mailman/listinfo/dolphins-disc
> >>>>> 
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> >>>> 
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> >>> 
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> >> 
> >> 
> >> _______________________________________________
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> >> 
> > 
> > _______________________________________________
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> 
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