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Alphonse Taylor Blows 0.00 on BAC test

Posted on 7/29/16 at 5:32 pm
Posted by South Alabama Tide
Member since Feb 2015
3156 posts
Posted on 7/29/16 at 5:32 pm
Posted by JustGetItRight
Member since Jan 2012
15712 posts
Posted on 7/29/16 at 6:38 pm to
Wonder if they drew blood?
Posted by tider04
North Carolina
Member since Oct 2007
5606 posts
Posted on 7/29/16 at 7:12 pm to
Was he high? Why did he hit a car and drive off? Either way major stupidity.
Posted by JustGetItRight
Member since Jan 2012
15712 posts
Posted on 7/29/16 at 8:06 pm to
He hit a car in the parking lot, and here's what the story says:

quote:

The officer reported that Taylor's eyelids were drooping, and that he performed poorly on the eye tests and could not keep his balance and started too soon during the walk-and-turn test. He reported that Taylor was walking unsteadily, swayed while standing and needed support exiting his vehicle. The officer checked boxes describing Taylor's attitude as cooperative, indifferent, carefree and sleepy. The officer noted that he did not smell alcohol.


It isn't outside the real of possibility that he was legitimately just really tired from pulling an all-nighter, but it also isn't unreasonable to suspect that he'd been indulging in a little recreational substance use.

He was in a parking lot, cooperative, and he's the one that called police. If he doesn't have any prior issues, at worst he will plead to something lesser than DUI. He'll probably get off with simply paying court costs and have the case dismissed entirely if he stays out of trouble.
Posted by Five0
Member since Dec 2009
11354 posts
Posted on 7/29/16 at 8:20 pm to
Was there video of the FSTs? Even with 0.00 BAC or lack of a breath sample that could be the biggest issue.
Posted by sarc
Member since Mar 2011
9997 posts
Posted on 7/29/16 at 11:31 pm to
Seems like there's a lot for a defense attorney to work with. I've had friends who have gotten off with less to work with but they had pretty good lawyers.
Posted by phil4bama
Emerald Coast of PCB
Member since Jul 2011
11454 posts
Posted on 7/29/16 at 11:40 pm to
Legally, yes, he's got a strong case for getting off with a lesser charge. But it doesn't take much reading between the lines to realize there was probably some other substance involved other than alcohol. I hope I'm wrong and Shank was just the victim of circumstance and it was all logically explainable.
Posted by Five0
Member since Dec 2009
11354 posts
Posted on 7/29/16 at 11:59 pm to
Depends what the citation was written for too. Yes, there is more than one choice. I always charge under 32-5A-191(a)(5). Yes it makes a difference.

Driving while under influence of alcohol, controlled substances, etc.

(a) A person shall not drive or be in actual physical control of any vehicle while:

(1) There is 0.08 percent or more by weight of alcohol in his or her blood;

(2) Under the influence of alcohol;

(3) Under the influence of a controlled substance to a degree which renders him or her incapable of safely driving;

(4) Under the combined influence of alcohol and a controlled substance to a degree which renders him or her incapable of safely driving; or

(5) Under the influence of any substance which impairs the mental or physical faculties of such person to a degree which renders him or her incapable of safely driving.
Posted by stat19
Member since Feb 2011
29350 posts
Posted on 7/30/16 at 1:57 am to
Accident occurs.
Calls cops.
Officer claims no smell of alcohol present.
Complains about dizziness.
Says he hit his head.
Slurred speech.
Wobbly posture and walking.
Doesn't follow directions as expressly given by officer.
Jailed for DUI.

Did I miss the part where the officer thought it would prudent to administer a head injury protocol?

While AT could have been high on some kind of drug, shouldn't the persons safety be a concern at some point in this ordeal?
Posted by CrimsonBoz
Member since Sep 2014
16968 posts
Posted on 7/30/16 at 7:49 am to
When he called he said he has hit a car and his head. Dispatch where I'm from would have immediately sent ems with an officer. Not to mention the officer making that call on scene. Seems fishy.
Posted by VaBamaMan
North AL
Member since Apr 2013
7649 posts
Posted on 7/30/16 at 8:54 am to
Do we know how fast he was driving?
Posted by Che Boludo
Member since May 2009
18156 posts
Posted on 7/30/16 at 10:30 am to
quote:

Under the influence of a controlled substance to a degree which renders him or her incapable of safely driving; 


I agree it was BS that EMS didn't go to scene if he reported an injury.

However, the arrest was probably a lot more of the above quote and a lot less of concussion. CNS said his indefinite suspension was different because he made a choice that put others at risk. I'm certain CNS talked to him before suspending him as he generally always waits to gather facts and all sides before announcing a decision. If he'd blown a 0.00 and CNS still suspended him, I'd guess AT admitted some wrong doing or maybe even failed a team internal urinalysis.

I don't know anymore facts than anyone else here and believe all should get benefit of the doubt, but the suspension was given for a reason. So, I'm hardly sympathetic.
This post was edited on 7/30/16 at 10:34 am
Posted by stat19
Member since Feb 2011
29350 posts
Posted on 7/30/16 at 11:36 am to
My understanding it was in a parking lot.
Posted by jatebe
Queen of Links
Member since Oct 2008
18275 posts
Posted on 7/30/16 at 12:37 pm to
quote:

My understanding it was in a parking lot.
Yes

quote:

Taylor was charged with driving under the influence of any substance which impairs the mental or physical faculties and cited for leaving the scene of an accident. The officer found another vehicle in the parking lot that he said Taylor had struck with his Tahoe before he continued and hit the second vehicle.
LINK
Posted by Five0
Member since Dec 2009
11354 posts
Posted on 7/30/16 at 3:33 pm to
quote:

My understanding it was in a parking lot.


There are two driving citations that can be issued on private property. DUI and reckless driving.

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