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Alphonse Taylor Blows 0.00 on BAC test
Posted on 7/29/16 at 5:32 pm
Posted on 7/29/16 at 5:32 pm
Posted on 7/29/16 at 6:38 pm to South Alabama Tide
Wonder if they drew blood?
Posted on 7/29/16 at 7:12 pm to JustGetItRight
Was he high? Why did he hit a car and drive off? Either way major stupidity.
Posted on 7/29/16 at 8:06 pm to tider04
He hit a car in the parking lot, and here's what the story says:
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.
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 on 7/29/16 at 8:20 pm to JustGetItRight
Was there video of the FSTs? Even with 0.00 BAC or lack of a breath sample that could be the biggest issue.
Posted on 7/29/16 at 11:31 pm to South Alabama Tide
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 on 7/29/16 at 11:40 pm to sarc
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 on 7/29/16 at 11:59 pm to sarc
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.
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 on 7/30/16 at 1:57 am to South Alabama Tide
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?
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 on 7/30/16 at 7:49 am to stat19
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 on 7/30/16 at 8:54 am to stat19
Do we know how fast he was driving?
Posted on 7/30/16 at 10:30 am to CrimsonBoz
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 on 7/30/16 at 11:36 am to VaBamaMan
My understanding it was in a parking lot.
Posted on 7/30/16 at 12:37 pm to stat19
quote:Yes
My understanding it was in a parking lot.
quote:LINK
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.
Posted on 7/30/16 at 3:33 pm to stat19
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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