Niles Paul Plea Bargains

OK, great. now all he has to do is keep his nose clean and "stay remorseful"...the ball is in his court now, no excuses, just keep it together going forward.

 
There was something about the test that made the information less than reliable in court. Do those devices have a failure rate. Maybe the result was so close to being legal that the difference fell within the failure rate for the device.

 
He reached a plea bargain that is pretty common for DUIs. A friend of mine got almost the exact same thing (minus the driving on a suspended license), so this isn't a case of "OMG teh Football team gets away wit EVERYTHING!!!1111!. Just sayin. And blowing a .086 is barely over the limit so the prosecutor was probably much more likely to bargain this.

 
Last edited by a moderator:
The test is very inacurate at times. I wrote a paper in college on this issue. After some research, I found a few facts that supprised me.

Lets say, you were 6 ft tall and weighed 250 lbs and drank 2 beers in a half an hour. You drank the last beer and had to leave directly after that beer. Your breath test would show you being above the legal limit. If you just drank it, it is still in your lungs at a high level. That does not mean you are drunk, it just means the beer has not settled yet. It may take another 15 - 30 min for that to happen. Once it levels out you would barely register on the test.

So, yes these tests can be very inacurate, depending on the circumstances. When you are that close, it may not hold up in court any way.

Just food for thought. :blink:

 
Last edited by a moderator:
BigRedfxtoy said:
The test is very inacurate at times. I wrote a paper in college on this issue. After some research, I found a few facts that supprised me.

Lets say, you were 6 ft tall and weighed 250 lbs and drank 2 beers in a half an hour. You drank the last beer and had to leave directly after that beer. Your breath test would show you being above the legal limit. If you just drank it, it is still in your lungs at a high level. That does not mean you are drunk, it just means the beer has not settled yet. It may take another 15 - 30 min for that to happen. Once it levels out you would barely register on the test.

So, yes these tests can be very inacurate, depending on the circumstances. When you are that close, it may not hold up in court any way.

Just food for thought. :blink:
Click to expand...
I've never understood how a "breath test" could determine how much alcohol you have in your system. Who the hell breathes their alcohol anyway??

 
Also, if you've just smoked a cigarette or have a dip in your mouth; they must wait 15 minutes before the breath test. If he were real close to the limit, he should have requested a blood test. They must comply, but he'd have had to pay for it himself.

 
You must log in or register to reply here.
Back
Top