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re: Per SI - Texas A&M WR Ainias Smith Arrested on Gun, Drug Charges

Posted on 7/20/22 at 12:19 pm to
Posted by Hugh McElroy
Member since Sep 2013
17498 posts
Posted on 7/20/22 at 12:19 pm to
This is all turning into such a disappointment for all the haters on this board. They would have far preferred the kid to have been caught selling or driving drunk so they could win points on a stupid fricking website.
Posted by Farmer1906
The Woodlands, TX
Member since Apr 2009
50675 posts
Posted on 7/20/22 at 12:20 pm to
quote:

This is all turning into such a disappointment for all the haters on this board. They would have far preferred the kid to have been caught selling or driving drunk so they could win points on a stupid fricking website.



100% Accurate
Posted by lsufball19
Franklin, TN
Member since Sep 2008
65034 posts
Posted on 7/20/22 at 12:21 pm to
The only thing I really care about is whether he was driving intoxicated. I don't have any sympathy for people like that and think they deserve to be punished harshly for endangering the lives of others. If he wasn't high, then he's just stupid for driving like that with weed in the car knowing weed isn't legal in TX regardless of whether the laws are archaic or not. I'm least concerned about him having a gun in the car
Posted by Krampus
Member since Nov 2018
5207 posts
Posted on 7/20/22 at 12:25 pm to
quote:

The police submitted a probable cause statement. They either searched the vehicle incident to his arrest or they had probable cause to search the vehicle due to smelling the weed or both. Take your pick.


First off, I do appreciate your legitimate conversation on this topic.

Second, I read everything you posted, and there is still zero mention of any officers smelling marijuana in any of it. Which means, based on what we know so far, the search was very likely incident to arrest.

The arrest was for failing field sobriety tests based on officer discretion, and not based upon BAC, as he blew below the legal limit.

So again, the question is was the officer giving an accurate assessment of Smith's condition, or did they just want a reason to search the car.

I will be interested to see the blood test results for non-alcohol intoxicants. But if that comes back clean, then this whole thing starts to look like bullshite. As another poster mentioned, A&M campus cops have a long standing and well earned reputation for making BS arrests, which makes all of us who have lived there a little suspicious of any arrest they make until the details fully come out.
Posted by 3down10
Member since Sep 2014
22779 posts
Posted on 7/20/22 at 12:26 pm to
quote:


You don't have to be drunk to intoxicated. The more you know


He wasn't doing anything illegal by driving with that BAC.

Posted by lsufball19
Franklin, TN
Member since Sep 2008
65034 posts
Posted on 7/20/22 at 12:27 pm to
quote:

But if that comes back clean, then this whole thing starts to look like bullshite

If his blood test comes back clean, everything will likely be dropped but the speeding ticket
Posted by lsufball19
Franklin, TN
Member since Sep 2008
65034 posts
Posted on 7/20/22 at 12:27 pm to
quote:

He wasn't doing anything illegal by driving with that BAC.

If his blood test shows he was high, he was driving while intoxicated.
Posted by texag7
College Station
Member since Apr 2014
37569 posts
Posted on 7/20/22 at 12:29 pm to
quote:

Means something when you drunk and high.


Oops he wasn’t drunk

Egg on your face
Posted by texag7
College Station
Member since Apr 2014
37569 posts
Posted on 7/20/22 at 12:30 pm to
quote:

This is all turning into such a disappointment for all the haters on this board. They would have far preferred the kid to have been caught selling or driving drunk so they could win points on a stupid fricking website.


100%
Posted by 3down10
Member since Sep 2014
22779 posts
Posted on 7/20/22 at 12:30 pm to
quote:


If his blood test shows he was high, he was driving while intoxicated.


Now you are making accusations without evidence.
Posted by lsufball19
Franklin, TN
Member since Sep 2008
65034 posts
Posted on 7/20/22 at 12:31 pm to
quote:

Now you are making accusations without evidence.

I guess you missed the word "if" at the beginning of that sentence you quoted
Posted by thelawnwranglers
Member since Sep 2007
38816 posts
Posted on 7/20/22 at 12:34 pm to
quote:

on Gun, Drug Charges


If he practices in the heat
These charges you must delete

Monroe
Posted by Krampus
Member since Nov 2018
5207 posts
Posted on 7/20/22 at 12:34 pm to
quote:

If his blood test comes back clean, everything will likely be dropped but the speeding ticket


Unlikely in Brazos County, unless his attorney can get the results of the car search thrown out.

Brazos County Texas today is harsher on marijuana possession than just about anywhere else in the US. And the marijuana possession is enough to make the UCW charge stick, since it would be a charge greater than Class C misdemeanor.

Which is why I'm focusing my discussion primarily on whether or not the search was legitimate.
Posted by 3down10
Member since Sep 2014
22779 posts
Posted on 7/20/22 at 12:35 pm to
quote:


I guess you missed the word "if" at the beginning of that sentence you quoted


No, I saw earlier where you said he was driving while intoxicated.

Posted by tgrmeat
Member since Sep 2020
4353 posts
Posted on 7/20/22 at 12:37 pm to
Lucky for him jimbo is a cuck who is scared to discipline his players.
Posted by lsufball19
Franklin, TN
Member since Sep 2008
65034 posts
Posted on 7/20/22 at 12:37 pm to
quote:

unless his attorney can get the results of the car search thrown out.


That's exactly what I would do. If failing a sobriety test, when the person actually was not intoxicated via alcohol or other intoxicants, was all that got them probable cause for the search, then I'd 100% argue the search was illegal, which would kick both the gun and weed charges. If in their probable cause statement they cited smelling weed, they they probably get away with the search being lawful.
This post was edited on 7/20/22 at 12:41 pm
Posted by SlicedBread
Member since Feb 2022
893 posts
Posted on 7/20/22 at 12:37 pm to
He was charged with a DWI?
Posted by lsufball19
Franklin, TN
Member since Sep 2008
65034 posts
Posted on 7/20/22 at 12:40 pm to
quote:

No, I saw earlier where you said he was driving while intoxicated.


So you quoted a post and said "now you are making accusations without evidence" but you were actually referring to some comment I made earlier? ok

He was arrested for driving while intoxicated. That doesn't inherently go away and lose all merit simply because his BAC was under the legal limit. SO when you say "he was doing nothing illegal," that is making an accusation without evidence. What there is evidence of is he failed a field sobriety test and there was weed in the vehicle. Whether or not he was legally impaired by weed is TBD
Posted by Krampus
Member since Nov 2018
5207 posts
Posted on 7/20/22 at 12:42 pm to
quote:

If in their probable cause search they cited smelling weed, they they probably get away with the search being lawful.


Nothing that has come out so far that I have seen has suggested there was any suspicion of marijuana possession prior to finding a single joint during the search of the car.
Posted by 3down10
Member since Sep 2014
22779 posts
Posted on 7/20/22 at 12:42 pm to
quote:

He was charged with a DWI?




Because a cop said so, not because the evidence supported it.

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