Baseball for the Thinking Fan

Login | Register | Feedback

btf_logo
You are here > Home > Baseball Newsstand > Baseball Primer Newsblog > Discussion
Baseball Primer Newsblog
— The Best News Links from the Baseball Newsstand

Tuesday, March 05, 2013

Red Sox’s Britton arrested for DUI after reportedly going 111 in 45 zone

Yeah, but with the stadium gun’s inflated numbers, he was probably only really around 107 or so.

Bring Me the Head of Alfredo Griffin (Vlad) Posted: March 05, 2013 at 05:19 PM | 134 comment(s) Login to Bookmark
  Tags: boston, crazy clown town, crime, prospects, red sox

Reader Comments and Retorts

Go to end of page

Statements posted here are those of our readers and do not represent the BaseballThinkFactory. Names are provided by the poster and are not verified. We ask that posters follow our submission policy. Please report any inappropriate comments.

Page 1 of 2 pages  1 2 > 
   1. Coot Veal and Cot Deal's cols=“100” rows=“20” Posted: March 05, 2013 at 07:02 PM (#4381528)
   2. the Hugh Jorgan returns Posted: March 05, 2013 at 07:23 PM (#4381549)
Thank god he didn't kill anyone. What an incredibly dumb thing to do. That pic in link is just goofy.
   3. The Yankee Clapper Posted: March 05, 2013 at 07:26 PM (#4381552)
From Edes at ESPN:
The arrest occurred at 4:42 a.m. Saturday, on Ben Hill Griffin Parkway in Estero, which is adjacent to Fort Myers. According to the arrest report, Britton, who was driving a 2008 black Chevrolet Silverado (a pickup truck), was paced at a maximum speed of 111 mph in a 45 mph zone. With a police car in pursuit, Britton's truck swerved in between other moving vehicles and jumped over a curb, continuing down a small decline and knocking down a barbed-wire fence, according to the police report. Britton then allegedly continued down a dirt road for a quarter of a mile and attempted to pull into a wooded area before coming to a stop. When the officer approached and asked for his license, Britton first handed him his debit card.

   4. Steve Balboni's Personal Trainer Posted: March 05, 2013 at 07:30 PM (#4381557)
If you are going to drive faster than you can throw, you better be Tim ####### Wakefield.
   5. RJ in TO Posted: March 05, 2013 at 07:37 PM (#4381566)
I'm not ever sure that my car could go 111 mph, unless it had just gone over a cliff.
   6. Robert in Manhattan Beach Posted: March 05, 2013 at 07:43 PM (#4381571)
When the officer approached and asked for his license, Britton first handed him his debit card.

Horrible..irresponsible..yeah,yeah...but this is funny.
   7. Matt Clement of Alexandria Posted: March 05, 2013 at 07:51 PM (#4381575)
Horrible..irresponsible..yeah,yeah...but this is funny.
Yeah, I mean, #### this guy and all that, thank god he didn't kill people... but I laughed, too.
   8. Steve Treder Posted: March 05, 2013 at 07:56 PM (#4381578)
I have to agree.

It reminds me of a video I saw one time where a couple of cops are dealing with a drunk-out-of-his-mind guy. One of the cops hands the guy a breathalizer device, and tells him to blow into it. The drunk guy thinks it's a bottle, and tips it back to take a drink from it. The two cops just crack up laughing.
   9. flournoy Posted: March 05, 2013 at 07:56 PM (#4381579)
Hmm. I have a number of thoughts here. I generally have contempt for speed limits and speeding infractions, but not ones like this. 111 miles per hour? My car can't go that fast even if you give it credit for the earth's rotational velocity. And doing this while drunk? If there were ever a cause for permanent license revocation, here it is.

I am also familiar with this road he was driving on, having driven on it once or twice myself. Unless much has changed in the last few years, it's a straight four lane divided highway with generally nothing on either side, and light traffic. (Mostly just RSW traffic, I guess.) I'm sure it sees more than its share of speeding, but there's no excuse for this.
   10. Jose Can Still Seabiscuit Posted: March 05, 2013 at 08:15 PM (#4381586)
We've all had nights where maybe we shouldn't have been driving but don't we usually have enough sense to drive a bit carefully? This is amazingly stupid.

The debit card thing is pretty damned funny though.
   11. 'Spos lost the handle trying to make the transfer Posted: March 05, 2013 at 08:20 PM (#4381587)
With a police car in pursuit, Britton's truck swerved in between other moving vehicles and jumped over a curb, continuing down a small decline and knocking down a barbed-wire fence, according to the police report. Britton then allegedly continued down a dirt road for a quarter of a mile and attempted to pull into a wooded area before coming to a stop.


I am also familiar with this road he was driving on, having driven on it once or twice myself. Unless much has changed in the last few years, it's a straight four lane divided highway with generally nothing on either side, and light traffic.


...you mean before the curb-jumping, right?
   12. Rafael Bellylard: Built like a Panda. Posted: March 05, 2013 at 08:26 PM (#4381590)
Let's see if you can drive that fast in Portland, son.
   13. SOLockwood Posted: March 05, 2013 at 08:35 PM (#4381592)
Did the cop ask him for his PIN?
   14. flournoy Posted: March 05, 2013 at 08:37 PM (#4381594)
...you mean before the curb-jumping, right?


Indeed. I don't think I've had the pleasure of driving down that particular dirt road. Though four lane divided dirt highway would be pretty cool.
   15. madvillain Posted: March 05, 2013 at 08:40 PM (#4381595)
We've all had nights where maybe we shouldn't have been driving but don't we usually have enough sense to drive a bit carefully? This is amazingly stupid.


This is right on, no? For every drunk that gets pulled over there are probably 10 more that evening that make it home safely. I've driven when I probably shouldn't have. It didn't make go 110 in a 45 and jump curbs.
   16. Steve Treder Posted: March 05, 2013 at 08:49 PM (#4381598)
I've driven when I probably shouldn't have. It didn't make go 110 in a 45 and jump curbs

Well, see, that's where you and Britton are different. He WAS driving a bit carefully. Shoot, sober, his normal commute home would be going 140 in a 25 and jumping entire small buildings.
   17. Fancy Pants Handles lap changes with class Posted: March 05, 2013 at 09:06 PM (#4381605)
We've all had nights where maybe we shouldn't have been driving

Speak for yourself.
   18. the Hugh Jorgan returns Posted: March 05, 2013 at 09:17 PM (#4381610)
We've all had nights where maybe we shouldn't have been driving



Speak for yourself.


We had one of these threads just recently that covered availability of options and such. I believe it was the Helton thread where we all just concluded if you make like a gazillion dollars, just use a car service. Obviously not applicable here.

I'm with 17. Once I have more then 2 beers, that's it, I don't drive(or ride as I'm normally on the motorbike) I taxi, train or walk home. Fortunately in Sydney, the first two options are readily available at any hour.
   19. Fancy Pants Handles lap changes with class Posted: March 05, 2013 at 09:24 PM (#4381613)
I'm with 17. Once I have more then 2 beers, that's it, I don't drive

i don't drive after anything over zero. Never have.
   20. GGC don't think it can get longer than a novella Posted: March 05, 2013 at 09:29 PM (#4381615)
I used to. It's dumb, but quite commonplace if you don't live in the big city.
   21. madvillain Posted: March 05, 2013 at 09:30 PM (#4381616)

Speak for yourself.


and...here...we...go!
   22. Fred Lynn Nolan Ryan Sweeney Agonistes Posted: March 05, 2013 at 09:46 PM (#4381620)
When the officer approached and asked for his license, Britton first handed him his debit card.

In the criminal-defense business, we call this a "bad fact."
   23. Karl from NY Posted: March 05, 2013 at 10:21 PM (#4381631)
I'm not ever sure that my car could go 111 mph, unless it had just gone over a cliff.

Best exchange ever, from a college road trip in a friend's '87 Cadillac:

"How fast are you going?"

"I don't know! The speedometer stops at 85!!!"
   24. Traderdave Posted: March 05, 2013 at 10:22 PM (#4381633)
Fred Lynn Nolan Ryan Sweeney Agonistes, out of curiousity, do you take DUI cases?
   25. Baldrick Posted: March 05, 2013 at 10:27 PM (#4381636)
This thread should have its children taken away for not yet saying that Britton should have his children taken away.
   26. KT's Pot Arb Posted: March 05, 2013 at 10:29 PM (#4381637)
It was in Florida! Is a DUI while driving 111 even illegal there?

Was this just a case of an out of control cop picking on an out of town tourist?
   27. Fred Lynn Nolan Ryan Sweeney Agonistes Posted: March 05, 2013 at 10:43 PM (#4381641)
Fred Lynn Nolan Ryan Sweeney Agonistes, out of curiousity, do you take DUI cases?

Yep. It's the most common criminal charge in the US. Just not enough cold-hit murder cases to keep the lights on.

Curiosity right back to the group: why do so many people distinguish between "DUI" and "criminal" cases? It would never have occurred to me that you could be a criminal defense lawyer and NOT handle DUIs, but I get asked that question a lot. I also don't know any CDLs who refuse to handle DUIs, but many who've chosen to advertise themselves as some variation of "Criminal Defense and DUI Attorney."
   28. Rafael Bellylard: Built like a Panda. Posted: March 05, 2013 at 10:50 PM (#4381643)
I rarely drink anyway (growing up in a barroom does that to you, or at least SHOULD do that to you), but because I also make my living by driving, I'm ridiculously cautious about when I do drink. I won't have even one drink and drive, and will not drink within 24 hours of work.

Which leaves me from 7pm Friday to 8am Sunday if I actually decide I want alcohol.

   29. Tripon Posted: March 05, 2013 at 10:55 PM (#4381645)
9. flournoy Posted: March 05, 2013 at 07:56 PM (#4381579)
Hmm. I have a number of thoughts here. I generally have contempt for speed limits and speeding infractions, but not ones like this. 111 miles per hour? My car can't go that fast even if you give it credit for the earth's rotational velocity. And doing this while drunk? If there were ever a cause for permanent license revocation, here it is.


Two things:

Modern cars are built a lot more safely than they ever have been, so you can probably go faster than you reasonably could in older cars (from say, 30 to 40 years back. Nobody is driving a car from the 80's anymore, for instance. The oldest cars on the road today are from the early to mid 90s). And 2nd, the people who built roads and the people who decide speed limits are clearly not talking to each other since speed limits are comically under what the road will allow. You can drive most freeways in Southern California at around 75-80, and at some stretches up to 85 comfortably. Yet, the 'speed' limit is set at 65 MPH, and at 55 MPH on some roads. That's just the start of dumb traffic laws in the state.

Forget the sales tax, prop 13, same sex marriage, or whatever issue you deeply believe in. Whomever can tell me that they will reform the inane traffic laws in California will get my vote. Even if they're a Randian #######.
   30. puck Posted: March 05, 2013 at 10:57 PM (#4381646)
Do cars these days do 111? They all have so much power compared to the 80's, I figure they all could do it. But I have no idea, does top speed make it into car reviews? I haven't tried to drive that fast for many years.
   31. Ray (RDP) Posted: March 05, 2013 at 10:57 PM (#4381647)
We've all had nights where maybe we shouldn't have been driving


I haven't.
   32. RoyalsRetro (AG#1F) Posted: March 05, 2013 at 11:02 PM (#4381649)
I'll admit I've gotten a DUI. I was almost certainly going under the speed limit. But apparently you need to have lights on at night.

It was extraordinarily stupid and I have regretted it ever since.

If there were ever a cause for permanent license revocation, here it is.


It must be darn near impossible to get your license revoked. In the rehab class I had to attend, one of the participants was on DUI #6. How he's not confined to prison, much less behind a wheel again, is beyond me.
   33. KT's Pot Arb Posted: March 05, 2013 at 11:16 PM (#4381653)
Do cars these days do 111? They all have so much power compared to the 80's, I figure they all could do it. But I have no idea, does top speed make it into car reviews? I haven't tried to drive that fast for many years


My convertible can do 110+ in a few seconds from freeway speeds. It's not a very expensive car, nor rare, and the manufacturer rates top speed at 165.

Of course, given my respect for America's great legal system, I've never driven it faster than 125, no matter how much it begs.
   34. JJ1986 Posted: March 05, 2013 at 11:20 PM (#4381654)
I've gotten my Mazda up around 110 by accident. I'd have to push it to get it higher.
   35. puck Posted: March 05, 2013 at 11:25 PM (#4381658)
This article on car speedometers overstating top speed uses the Toyota Yaris as an example:

The speedometer on the Toyota Yaris says the tiny car can go 140 miles per hour.

In reality, the bulbous subcompact's 106-horsepower engine and automatic transmission can't push it any faster than 109.


So, a Yaris can do it with a tailwind. I'm guessing just about any recent model can do 111. Maybe not much more, and many cars/trucks won't be safe/handle at all well at such speeds, but they can probably hit it.
   36. Fancy Pants Handles lap changes with class Posted: March 05, 2013 at 11:30 PM (#4381662)
Do cars these days do 111? They all have so much power compared to the 80's, I figure they all could do it. But I have no idea, does top speed make it into car reviews? I haven't tried to drive that fast for many years.

Can't speak for an SUV, which is what Britton was driving. Those SOB'ss are pretty heavy. But I can attest that every car I have driven since I got my license in 01 could get to 111 easily enough.
   37. Srul Itza Posted: March 05, 2013 at 11:31 PM (#4381663)
it's a straight four lane divided highway with generally nothing on either side, and light traffic.


So the 45 mph thing is some kind of speed trap? It being Florida, I would not be surprised. Otherwise, I find it hard to understand why the limit would be so low on the type of road you describe.

   38. flournoy Posted: March 05, 2013 at 11:36 PM (#4381667)
I only drink once or twice a year, but I've never driven drunk, either. It does rub me the wrong way to see people handwaving away their failures because "we all do it." No, we don't.

And I'm reasonably sure that my car actually could do 111, contrary to what I posted above. I doubt I'll test that, though.
   39. Srul Itza Posted: March 05, 2013 at 11:37 PM (#4381668)
Modern cars are built a lot more safely than they ever have been, so you can probably go faster than you reasonably could in older cars (from say, 30 to 40 years back. Nobody is driving a car from the 80's anymore, for instance. The oldest cars on the road today are from the early to mid 90s). And 2nd, the people who built roads and the people who decide speed limits are clearly not talking to each other since speed limits are comically under what the road will allow. You can drive most freeways in Southern California at around 75-80, and at some stretches up to 85 comfortably. Yet, the 'speed' limit is set at 65 MPH, and at 55 MPH on some roads. That's just the start of dumb traffic laws in the state.


The roads are well built. The cars are safer.

People remain morons who greatly overestimate their skills at all things, including driving skill.
   40. flournoy Posted: March 05, 2013 at 11:39 PM (#4381669)
So the 45 mph thing is some kind of speed trap? It being Florida, I would not be surprised. Otherwise, I find it hard to understand why the limit would be so low on the type of road you describe.


I don't know. I'm not sure what section of the road he was on, and it's been a few years since I've been there. I'm actually more familiar with the road after it becomes Treeline, and goes past RSW airport to Daniels, and I gather Britton was south of there.
   41. Steve Treder Posted: March 05, 2013 at 11:41 PM (#4381670)
When it was new, I got my 2001 BMW to over 100, maybe up toward 110, a couple of times, out on straight flat lonely desert blacktops. It was thrilling, of course, and the car was doing just fine, but the thought that struck me was, holy crap, what if I blow a tire or hit a rabbit or something way the hell out here (particularly given how many many miles away from any hospital I was). I got beyond my realm of feeling comfortable and confident, and so after a brief few minutes, I would slow down.

And what then became clear was just how long it takes to slow down when you're going 100+ MPH. You take the foot off the gas and coast, just let her ride, and after several minutes you think you're down to a reasonable speed, and you look down, and you're still doing 90. When you get down to 75 or 80, you feel as though you're creeping.
   42. Johnny Chimpo Posted: March 05, 2013 at 11:50 PM (#4381674)
People remain morons who greatly overestimate their skills at all things, including driving skill.


Yes. As a general rule, people are bad drivers. All of us. Yes, I see you back in the corner, you are a bad driver too.
   43. Johnny Chimpo Posted: March 05, 2013 at 11:52 PM (#4381676)
oops
   44. Fancy Pants Handles lap changes with class Posted: March 06, 2013 at 12:00 AM (#4381678)
42. Johnny Chimpo Posted: March 05, 2013 at 11:50 PM (#4381674)

People remain morons who greatly overestimate their skills at all things, including driving skill.

Yes. As a general rule, people are bad drivers. All of us. Yes, I see you back in the corner, you are a bad driver too.

43. Johnny Chimpo Posted: March 05, 2013 at 11:52 PM (#4381676)
oops

But only one of us is a bad poster.
   45. puck Posted: March 06, 2013 at 12:11 AM (#4381681)
Yes. As a general rule, people are bad drivers. All of us. Yes, I see you back in the corner, you are a bad driver too.

I'm driving the best I can while trying to post.
   46. Jack Carter, calling Beleaguered Castle Posted: March 06, 2013 at 12:29 AM (#4381685)
Yep. It's the most common criminal charge in the US.
Wow. No way I would have guessed this. I would have assumed petit larceny or simple assault. OTOH, all this may demonstrate is that I don't know the definition of "criminal charge".

Is the defense to a DUI charge straightforward--as in, are there ten things on a checklist you look for, and in the absence of any of those ten things showing substantial mitigation, you advise a plea?

To answer your question, I guess in my case I don't automatically think of DUI's as criminal cases because when I grew up driving drunk was treated primarily as fodder for comedians. The connection came later and as a result it's like learning a foreign language as an adult. I can do it, but the connections are no longer automatic.

Yes. As a general rule, people are bad drivers. All of us. Yes, I see you back in the corner, you are a bad driver too.
I don't think this is true, but I do think I'm one of the bad drivers, which probably makes me a safer driver than I would be without that awareness. I'm also aware at how utterly shitty many drivers are, which makes me the guy on the road who is farthest from other cars.
   47. Bring Me the Head of Alfredo Griffin (Vlad) Posted: March 06, 2013 at 12:49 AM (#4381692)
Modern cars are built a lot more safely than they ever have been, so you can probably go faster than you reasonably could in older cars


Your personal safety is only half of the reason for speed limits. The other half of it is the safety of the guy you're going to be running into, and from his perspective, getting hit by something doing 80 is going to suck no matter how many air bags or crumple zones it has.
   48. Bring Me the Head of Alfredo Griffin (Vlad) Posted: March 06, 2013 at 01:00 AM (#4381696)
the thought that struck me was, holy crap, what if I blow a tire or hit a rabbit or something way the hell out here


A girl from my freshman dorm hit a tortoise on a lonely Arizona road like that one in the summer between junior and senior year. She wasn't doing 111, but she still rolled a kajillion times, and I heard they buried her closed-casket because she didn't have much of a head left.

Stay safe out there, everybody.
   49. Fred Lynn Nolan Ryan Sweeney Agonistes Posted: March 06, 2013 at 01:13 AM (#4381699)
Is the defense to a DUI charge straightforward--as in, are there ten things on a checklist you look for, and in the absence of any of those ten things showing substantial mitigation, you advise a plea?

Kind of, but the lists are a lot longer than 10 things: there are MANY things that can be wrong if the evidence is a breath test, or a blood test, or "field sobriety tests," or manner of driving. And it's incredibly frustrating to defend against, because once anybody involved (DA, judge, jury) hears that high number, it's hard to get them to hear anything else.
But it's possible, though. I think it's worth fighting much more than it actually gets fought.
   50. the Hugh Jorgan returns Posted: March 06, 2013 at 01:13 AM (#4381700)
Do cars these days do 111?


Not either of our family cars. However my motorbike does 265kph(about 160mph). This I know as fact as I was at the track and hit that on the radar gun. No, I had not been drinking beforehand.

As a general rule, people are bad drivers.


I disagree. As someone who rides a motorbike, I see all sorts of stupidity, however most people are pretty good. All I ever ask is that you indicate when turning/changing lanes, stay off the phone(both call and text) and just pay attention to the road. It's really not that hard to be a decent driver.
   51. PreservedFish Posted: March 06, 2013 at 01:26 AM (#4381703)
I met a lawyer who specialized in DUI cases - his business card had his rules on the back (refuse the breathalyzer, call him immediately, invoke right to remain silent, etc) - I guess that made me assume that DUIs are ghettoized in the world of criminal law.
   52. akrasian Posted: March 06, 2013 at 01:42 AM (#4381706)
I met a lawyer who specialized in DUI cases - his business card had his rules on the back (refuse the breathalyzer, call him immediately, invoke right to remain silent, etc) - I guess that made me assume that DUIs are ghettoized in the world of criminal law.

I create web advertising for new clients of Google, and I can say there are a lot of attorneys who specialize in DUI or closely related stuff (and it's a selling point for them in our ads). But not all DUI attorneys specialize. I would say a greater percentage of law firms I work with in large metro areas specialize than for smaller areas, which I suppose makes sense. For that matter, attorneys from tiny towns often don't specialize even in criminal law - they handle whatever legal stuff comes their way.

I'm guessing that the lawyer you met was from at least a mid-sized area.
   53. PreservedFish Posted: March 06, 2013 at 01:54 AM (#4381709)
It was in San Diego.
   54. akrasian Posted: March 06, 2013 at 02:00 AM (#4381712)
It was in San Diego.

With the normal population, people partying in TJ and coming back over the border, and all the young military going out for nights on the town, there are definitely enough drunk drivers there to support a LOT of specialist DUI attorneys.

I find relatively few generalists who handle DUI also in large areas like that. I suppose there's enough other crimes to support them, and the competition from specialists probably prevents the ones who would take DUI cases as sidelines from really advertising about it, since pay per click ads for DUI attorneys are quite expensive.

Edit: By quite expensive, I'd guess the average cost per click in San Diego for DUI attorney is in the $30 to $40 range at the very least. And not everybody who clicks would actually call.
   55. Jack Carter, calling Beleaguered Castle Posted: March 06, 2013 at 02:09 AM (#4381714)
I met a lawyer who specialized in DUI cases - his business card had his rules on the back (refuse the breathalyzer,...


I've heard in places too numerous to mention that this means an automatic arrest and suspension of one's driver's license. Is that incorrect? Or is the theory that, if you're drunk, the consequences of failing a breathalyzer are as bad or worse than simply refusing one?

@50: I have to disagree with your disagreement. It's impossible not to notice that almost no one follows traffic rules, particularly important ones, the ones that lead to the most accidents (not including drunkenness): following too closely, and either failing to signal or signaling too late. Those are ubiquitous.
   56. Squash Posted: March 06, 2013 at 03:13 AM (#4381722)
It must be darn near impossible to get your license revoked. In the rehab class I had to attend, one of the participants was on DUI #6. How he's not confined to prison, much less behind a wheel again, is beyond me.

It varies state by state. Here in CA I'm pretty sure the guy on DUI #6 would at the very least have his license revoked, possibly even permanently, and would probably be in jail. I have a friend who got two DUIs and the next one would have resulted in him losing his license for 5 years with some jail time (probably one of those "checked in Wednesday afternoon, released Thursday morning due to overcrowding" type deals, but jail time nonetheless). Or something along those lines - all I know is he now will not take a drink and drive unless it is several hours later, which is a good thing.

It probably also varies in terms of how long it is between DUIs. I imagine you're treated differently if you get three in three months than if you have three spread over 20 years.
   57. Fred Lynn Nolan Ryan Sweeney Agonistes Posted: March 06, 2013 at 03:17 AM (#4381723)
I met a lawyer who specialized in DUI cases - his business card had his rules on the back (refuse the breathalyzer, call him immediately, invoke right to remain silent, etc) - I guess that made me assume that DUIs are ghettoized in the world of criminal law.

This is pretty common on CDL business cards, to have the back saying something like "THE PERSON ON THE OTHER SIDE OF THIS CARD IS MY ATTORNEY. I DO NOT WANT TO ANSWER ANY QUESTIONS. I WANT TO TALK TO MY ATTORNEY. I DO NOT CONSENT TO ANY SEARCH" etc. It's a nice idea, although I've never heard of it actually helping anybody in the moment.

I create web advertising for new clients of Google, and I can say there are a lot of attorneys who specialize in DUI or closely related stuff (and it's a selling point for them in our ads).

Again: most-charged crime in the US. And DA offices do tend to treat these cases as total cookie-cutters (staffing those courtrooms with their newest attorneys, and literally giving them scripts to read for each of their witnesses). Makes it a little easier for a defense lawyer to specialize, and occasionally whup 'em on merit.
   58. Barnaby Jones Posted: March 06, 2013 at 04:01 AM (#4381725)
Here is Thailand, drinking and driving is basically the national pastime. And that's with most people riding motorbikes.
   59. Fred Lynn Nolan Ryan Sweeney Agonistes Posted: March 06, 2013 at 04:11 AM (#4381728)
I've heard in places too numerous to mention that this means an automatic arrest and suspension of one's driver's license. Is that incorrect? Or is the theory that, if you're drunk, the consequences of failing a breathalyzer are as bad or worse than simply refusing one?

I think you're confusing refusal of the BREATH test with refusing ANY test.
Your state may vary, but... in CA, you can refuse a breath test, but then you have to go give blood. Blood is much more likely to be accurate, for the good and bad of that.
If you refuse any test then, yes, license suspension, arrest, all that. (And depending on how the officer's feeling that day, "No... well, OK" can be a "refusal.")

One bit of free legal advice:
You have 10 days (again, CA) from arrest to request a DMV hearing. DO IT. Even if you waive the hearing later, at least you preserve the option. In the meantime, you can get the suspension stayed - make arrangements for your commute, etc.
   60. Jack Carter, calling Beleaguered Castle Posted: March 06, 2013 at 04:37 AM (#4381731)
@59: Thanks for the clarifications. I'm not a drinker, so it's not an issue. Given that I was sober the one time I drove close to 150 mph, that's probably a good thing.
   61. TomH Posted: March 06, 2013 at 08:46 AM (#4381750)
Nearly two-thirds (64 percent) of American drivers rate themselves as "excellent" or "very good" drivers.

http://www.allstatenewsroom.com/channels/News-Releases/releases/new-allstate-survey-shows-americans-think-they-are-great-drivers-habits-tell-a-different-story

just like we all think we have a better-than-avg sense of humor, and we all believe we are worse than avg at remembering names. amazing ability to self-deceive.

The drivers who are good defensively believe defensive driving skills arethe most impt, so they think they are good drivers. The non-speeders think the speeders are bad drivers, so they themselves are the good ones. The ones will fine motor skills and adaptive to Mario-Andretti-conditions think THEY are the best drivers. Lake Woebegone, here we are!
   62. Lassus Posted: March 06, 2013 at 09:02 AM (#4381755)
Here is Thailand, drinking and driving is basically the national pastime. And that's with most people riding motorbikes.

In my time traveling in Thailand, I saw some horrendous accidents with alarming frequency.
   63. depletion Posted: March 06, 2013 at 09:03 AM (#4381756)
My convertible can do 110+ in a few seconds from freeway speeds. It's not a very expensive car, nor rare, and the manufacturer rates top speed at 165.

KT, I'm guessing a Mustang GT or equivalent Camaro. 165 sounds a bit high, even for that car.
Cars are safer these days, but roads are much more crowded than in the old days. Driver skill is probably about the same, but the power and handling of high performance, or even medium performance, cars can lead someone who happened to have enough cash to buy an M3 to believe they're Michael Schumacher or even Danica Patrick. They aren't.
A while ago I had a fast car and would drive fast on relatively isolated country roads, but it's a bad idea. If you have a Ferrari, 911, what have you, sign up for track time.
   64. villageidiom Posted: March 06, 2013 at 09:19 AM (#4381771)
We've all had nights where maybe we shouldn't have been driving
I don't drink, so I haven't been in this position for alcohol impairment. But I have had nights when I was tired, possibly too tired to drive. I tended to be extra cautious, drive maybe 10 miles, pull over, get out, walk around a bit, get back in, repeat. I've been a passenger in enough cars* where the driver was falling asleep to know I can't just assume I can will myself to stay awake.

* Three. Two resulted in major highway accidents; no deaths but lots of serious injuries. In the third I noticed the driver having difficulty staying awake, so I started asking him questions that forced him to engage in conversation. For a while I wasn't even listening to his answers; I was frantically trying to come up with another engaging question, just to keep his mind going. It worked well enough to get to our destination.
   65. Publius Publicola Posted: March 06, 2013 at 09:43 AM (#4381780)
I can't remember where I read it. It was back in the 70's but I remember it was a best seller. The teller of the story was tripping on acid while vastly exceeding the speed limit and had all kinds of other drugs in the car. So he gets pulled over and starts to panic as the patrol officer slowly walks up to the vehicle. He's frantically checking his eyes and making sure there isn't any paraphernalia scattered on the seats somewhere. At first, he refuses to roll the window down. Then the cop taps it and so he rolls it down, squints up at the cop and says "I'll have a cheeseburger and a large fry.". The cop just laughed and walked off without giving him a ticket.
   66. A big pile of nonsense (gef the talking mongoose) Posted: March 06, 2013 at 10:34 AM (#4381802)
* Three. Two resulted in major highway accidents; no deaths but lots of serious injuries. In the third I noticed the driver having difficulty staying awake, so I started asking him questions that forced him to engage in conversation. For a while I wasn't even listening to his answers; I was frantically trying to come up with another engaging question, just to keep his mind going. It worked well enough to get to our destination.


For some reason, just a couple of hours ago I was recalling my move back to Arkansas from Phoenix back in 5/84. My wife & I drove our respective cars, & I was accompanied by a friend of ours who (a) couldn't drive & (b) was very close-mouthed. How useless can someone be on a 1,200-mile trip? Answer: pretty damned useless.
   67. just plain joe Posted: March 06, 2013 at 10:35 AM (#4381803)
My convertible can do 110+ in a few seconds from freeway speeds. It's not a very expensive car, nor rare, and the manufacturer rates top speed at 165.


Most cars today have an electronically limited top speed of something around 110 MPH, note that this does not apply to performance models such as a Mustang GT or high end imports such as BMW's, Mercedes and the like. The reason for this has nothing to do with the actual speed potential of the car but instead is a result of the car companies putting on cheap, speed-limited tires as original equipment. If you have a car (such as my six cylinder Mustang) that is speed-limited, it is relatively easy to "correct" this by reflashing or replacing the ECM chip. This allows the car to achieve whatever maximum speed it is capable of. Also, drunk driving is stupid, take a cab or walk home, or something. Whatever speed you are driving, do so while drunk is just not a smart thing to do.
   68. bunyon Posted: March 06, 2013 at 10:47 AM (#4381817)
I totally believe not everyone has driven after a few drinks. I refuse to believe there is anyone who has driven for a few years hasn't driven tired, or in a state of mental duress or with three screaming kids in the back, or while changing radio stations or reading a map.

If you think every time you've gotten in a car you've been 100% focused, alert and ready to drive that car, you're lying to yourself.

That doesn't excuse any of it - it certainly doesn't excuse the guy in this story - but I'd rather a guy have a couple of beers with dinner and drive home than someone who has just pulled an all-nighter at work or study drive home. A couple of drinks over a couple of hours with food is, obviously, different than 111 in a 45 and then not being able to distinguish your licence from your debit card.
   69. Drew (Primakov, Gungho Iguanas) Posted: March 06, 2013 at 10:54 AM (#4381822)
I don't have a car, so I don't drive. But there appear to be times when someone thinks they're sober when they aren't (e.g. my girlfriend at the time realizing after she'd been on the road a few minutes that she wasn't cool to drive).
   70. puck Posted: March 06, 2013 at 11:26 AM (#4381852)
That doesn't excuse any of it - it certainly doesn't excuse the guy in this story - but I'd rather a guy have a couple of beers with dinner and drive home than someone who has just pulled an all-nighter at work or study drive home. A couple of drinks over a couple of hours with food is, obviously, different than 111 in a 45 and then not being able to distinguish your licence from your debit card.

Don't people who drink and drive add any alcohol impairment to the other usual distractions and inattentiveness?
   71. puck Posted: March 06, 2013 at 11:29 AM (#4381854)
just like we all think we have a better-than-avg sense of humor, and we all believe we are worse than avg at remembering names. amazing ability to self-deceive.

Why are we grading on a curve?
   72. Slivers of Maranville descends into chaos (SdeB) Posted: March 06, 2013 at 11:35 AM (#4381862)
Curiosity right back to the group: why do so many people distinguish between "DUI" and "criminal" cases


Not a whole lot of DUI cases on Perry Mason or Law and Order.
   73. Der-K thinks the Essex Green were a good band. Posted: March 06, 2013 at 11:39 AM (#4381867)
I'll cop to allowing myself to be too distracted as a driver and have related specific instances of this in past threads.

If you are a twitter user and don't mind get updated on ridiculous stories like this one, I recommend following @_FloridaMan - he linked to a recent story about a dude who flashed a taco as identification.
   74. Ron J2 Posted: March 06, 2013 at 11:51 AM (#4381875)
#50 I used to drive a bike too. The problem with bad drivers when you're on a bike is that often they couldn't do more to kill you if they'd been making on honest effort to do so.

Oh the other hand, I've had a bus t-bone me after running a stop sign. I was glad I was driving a car at that moment, but that was the second most earnest attempt to kill me in my driving history.
   75. Ron J2 Posted: March 06, 2013 at 11:58 AM (#4381881)
#62 One of my favorite autobiographies was Edward Lasker's. He talks about his experiences being chauffeured in South America in the 50s. Evidently the drivers hadn't mastered traffic lights. The approved driving style when approaching any intersection was to accelerate as rapidly as possible (to get through the danger point as quickly as possible) and jam on the brakes at the last second if you've miscalculated.
   76. Fred Lynn Nolan Ryan Sweeney Agonistes Posted: March 06, 2013 at 12:05 PM (#4381889)
Not a whole lot of DUI cases on Perry Mason or Law and Order.

You don't hear about them at all in law school, either, which is too bad: in a completely ordinary misdemeanor DUI case (no priors, no injury, no accident) you get at least two and as many as six witnesses - cop 1, cop 2, phlebotomist, govt expert, defense expert, defendant - all of whom raise distinct issues for preparation and questioning. But, yeah, it's not sexy like Miss Scarlet in the library with a candlestick, or whatever.
OK, off to - guess what? - arraign a DUI!
   77. zack Posted: March 06, 2013 at 12:06 PM (#4381892)
Tangential, but this always blows my mind when I think about it:
1964.5 4.3L V8 Ford Mustang: 164hp
1980 4.9L V8 Ford Mustang: 140hp
2012 2.0L I4 Ford Focus (base): 160hp.

Even little 3-door sub-$15,000 cars like a Mazda 2 or Yaris get 100hp. A friggin' Hyundai Accent has 138!

Computer-controlled engines are totally uncool, but they're amazing.
   78. Cris E Posted: March 06, 2013 at 12:10 PM (#4381898)
Speak for yourself... I don't drive after anything over zero. Never have.

doesn't reconcile well with

But I can attest that every car I have driven since I got my license in 01 could get to 111 easily enough.

You'll forgive me if I still don't trust your judgement. When drunk you're always the idiot, but at 111 anyone else on the road doing anything you don't clearly expect makes you an idiot, sober or not. You're driving a car in a position where you can't react to anything. You may as well be drunk at 65.
   79. RoyalsRetro (AG#1F) Posted: March 06, 2013 at 12:10 PM (#4381900)
I don't have a car, so I don't drive


One of my buddy's first cases ever as a public defender was a guy arrested for being drunk while riding a bicycle. That's a thing I guess.
   80. Cris E Posted: March 06, 2013 at 12:14 PM (#4381905)
You hear about those cases around the lakes sometimes: golf carts, riding lawnmowers, etc. Guys think you're good to go if it isn't a car.
   81. zack Posted: March 06, 2013 at 12:20 PM (#4381913)
Well riding a bike drunk is an amazing feeling (until you get home and realize what you just did). It was sometimes used as a PED in the early days of racing. Plus, it's surprisingly easier to ride than walk. In many states, drunk biking is a DUI with the same penalties, including loss of license, but in others they are making it a different offense with lower penalties, since they'd rather you bike than drive.

One of my friends was riding home mind-obliteratily drunk at 4am once, and fell off his bike and passed out in the middle of the right lane. A couple of cops came across him shortly after, put him in the back seat and drove him home. Even brought his bike in the trunk. He, at least, doesn't drink and ride anymore.
   82. depletion Posted: March 06, 2013 at 12:21 PM (#4381914)
2012 Focus has fuel injection, the older Mustangs have carburators. Cars were detuned from 1971 in order to make emissions. Once computerized fuel injection, overhead cams and then variable valve timing became commonplace the power and fuel economy went up and the emmisions went down. Maintenance generally went down as well; spark plugs rarely have to be replaced now and there are no ignition points.
   83. A big pile of nonsense (gef the talking mongoose) Posted: March 06, 2013 at 12:31 PM (#4381922)
In my time traveling in Thailand, I saw some horrendous accidents with alarming frequency.


Awesome. How far back (or ahead, for that matter) did you go?
   84. A big pile of nonsense (gef the talking mongoose) Posted: March 06, 2013 at 12:36 PM (#4381927)

You don't hear about them at all in law school, either, which is too bad: in a completely ordinary misdemeanor DUI case (no priors, no injury, no accident) you get at least two and as many as six witnesses - cop 1, cop 2, phlebotomist, govt expert, defense expert, defendant - all of whom raise distinct issues for preparation and questioning.


I remember covering what memory tells me was the very first jury trial ever by Little Rock's city attorney back in the late '80s. He wound up losing it because he hadn't ever entered into evidence the kind of car being driven by the accused, or something basic like that, so it never actually got to the jury.

A few years later, he was the county's prosecuting attorney. And now he's LR mayor. So I guess he survived the setback.
   85. PreservedFish Posted: March 06, 2013 at 12:42 PM (#4381933)
You hear about those cases around the lakes sometimes: golf carts, riding lawnmowers, etc. Guys think you're good to go if it isn't a car.


Guys also think that driving stoned is just perfectly fine.
   86. Morty Causa Posted: March 06, 2013 at 12:51 PM (#4381943)
Long ago, doing research on a personal injury case involving an automobile and bicycle, I was kind of surprise to find out that bicycles were "vehicles" under statute and were subject to traffic rules, some the same as cars, some different. This may vary state to state.

Another one I like to tell in party conversation was the farmer whose driver's license was suspended or revoked because of repetitive DUI's. At that time, my state did not include tractors and combines as vehicles and thus did not require you have a driver's license to drive them on public roads. Yep, he'd go to bars in tractor--sometimes in a rice combine. What do libertarians say about that?
   87. Morty Causa Posted: March 06, 2013 at 01:01 PM (#4381955)
I don't know about other jurisdictions, but in mind, just because a breathalyzer test is excluded as evidence doesn't mean you can't be convicted of DUI anyway. You can still do it the old-fashioned way. It doesn't happen often, because it's cost-prohibitive.
   88. bunyon Posted: March 06, 2013 at 01:12 PM (#4381968)
What do libertarians say about that?

We generally advise that you plant your crops between him and his favorite bar.
   89. Random Transaction Generator Posted: March 06, 2013 at 01:28 PM (#4381999)
If you think every time you've gotten in a car you've been 100% focused, alert and ready to drive that car, you're lying to yourself.


When I was 23 or 24 years old (I don't remember the specific summer), there was a time when I was driving home from a friend's house late at night (1:30am) on a divided highway.
I was going about 100km/h (60mph for our American friends) which was right on the speed limit. I was in the right lane, and it was a straight line for a good 10 or 15 km.
I felt kind of tired, but I was pretty sure I wouldn't fall asleep at the wheel because "I wouldn't let that happen." I had the radio on loud, I had a can of Coke to drink, and the window rolled down a bit to let cold air blow in my face. I was fine.

5 seconds later (or maybe much longer), I snapped awake and found myself only inches away from grinding the left side of my car into the guard rail.

Thankfully, that adrenaline rush kept me awake for another few minutes, which was enough time to get me home.

I have NEVER since tried to drive my car late at night if I felt that I might be even the SLIGHTEST bit tired.



   90. zack Posted: March 06, 2013 at 01:52 PM (#4382023)
Long ago, doing research on a personal injury case involving an automobile and bicycle, I was kind of surprise to find out that bicycles were "vehicles" under statute and were subject to traffic rules, some the same as cars, some different.

Bicycles were regulated vehicles practically before their were cars.
   91. tfbg9 Posted: March 06, 2013 at 02:05 PM (#4382029)
When drunk you're always the idiot, but at 111 anyone else on the road doing anything you don't clearly expect makes you an idiot, sober or not. You're driving a car in a position where you can't react to anything. You may as well be drunk at 65.


This is true.

And there's the old saying: "you only crash once at 100."
   92. My name is Votto, and I love to get blotto Posted: March 06, 2013 at 02:08 PM (#4382033)
Nearly two-thirds (64 percent) of American drivers rate themselves as "excellent" or "very good" drivers.


I don't think I'm a great driver, but I do drive defensively (follow the speed limit, maintain a safe distance, actually STOP at stop signs), which I admit makes other drivers bananas.
   93. Squash Posted: March 06, 2013 at 02:18 PM (#4382042)
One of my buddy's first cases ever as a public defender was a guy arrested for being drunk while riding a bicycle. That's a thing I guess.

A park cop once gave me a wrong way ticket for riding my bike (bicycle) the other way down a 150-foot one way street alongside the park with literally no one else on it. He was very enthusiastic about it too - chased me in his car with the sirens on and everything.

5 seconds later (or maybe much longer), I snapped awake and found myself only inches away from grinding the left side of my car into the guard rail.

I've almost fell asleep twice while driving (about ten years apart) - both in the same, very innocuous manner where your mind starts wandering and suddenly you're dozing. They were both on long 5+ hour drives - those can get dangerous near the end.
   94. Austin Posted: March 06, 2013 at 03:04 PM (#4382098)
#68 - I think I'm an average to above-average driver because I'm relatively cautious and attentive. I've never driven more than 90 mph in my life, despite living in a state where the speed limit on the arrow-straight freeways is 75. However, there have been several times when I've driven despite being way too tired to do so - to the point where the combination of tiredness and sun in my eyes made it difficult just to keep my eyes open. There was also one occasion when I almost passed out behind the wheel due to dehydration. In retrospect, those were amazingly stupid decisions, but when you have to be somewhere at a specific time, it's hard to convince yourself to pull off the road for a couple of minutes to kick yourself awake.
   95. Fancy Pants Handles lap changes with class Posted: March 06, 2013 at 03:19 PM (#4382123)
Do cars these days do 111? They all have so much power compared to the 80's, I figure they all could do it. But I have no idea, does top speed make it into car reviews? I haven't tried to drive that fast for many years.

Can't speak for an SUV, which is what Britton was driving. Those SOB'ss are pretty heavy. But I can attest that every car I have driven since I got my license in 01 could get to 111 easily enough.

Please, I wasn't even breaking the speed limit at the time.

Have you ever gone 110? Cause it seriously sounds like you have no idea what you are talking about.
   96. Der-K thinks the Essex Green were a good band. Posted: March 06, 2013 at 03:34 PM (#4382132)
Km/h maybe?
   97. bunyon Posted: March 06, 2013 at 03:47 PM (#4382147)
I've touched 140mph. I was 17. It was dumb but wonderful. Like many things I did at 17. I sometimes regret that I've grown to the point I want try those things anymore.


I think I'm a good driver because I've never been cited for a moving violation or involved in any kind of accident despite having driven a half a million miles including four 12000+ mile roadtrips.

I think I'm good, not great, because a whole bunch of the above sentence is luck rather than design.
   98. smileyy Posted: March 06, 2013 at 04:51 PM (#4382211)
Sooo...today's one of those days where I don't have any tolerance for stupidity. But what kind of organization wants a guy who's going to drive 110mph when drunk? I hope they release him.

He's 23 years old trying for a job in major league baseball. That's old enough and accomplished enough to not be a stupid #######.
   99. Robert in Manhattan Beach Posted: March 06, 2013 at 05:26 PM (#4382269)
I've broken triple figures a few times on the drive to Vegas just for fun. I can usually get a pretty good scouting report for what the CHP fundraising efforts will be for that day. It's pretty awesome but indeed does feel somewhat unsafe. I'm sure that would pass if I got to do it more often.

I can get to 105-110 at like two-thirds of the accelerator pedal, what would happen if I floored it for a few minutes?
   100. cardsfanboy Posted: March 06, 2013 at 05:52 PM (#4382298)
In the third I noticed the driver having difficulty staying awake, so I started asking him questions that forced him to engage in conversation. For a while I wasn't even listening to his answers; I was frantically trying to come up with another engaging question, just to keep his mind going. It worked well enough to get to our destination.


My current job involves a lot of driving with my brother, and he insists that conversation(or singing) is the best way to stay awake. He points out that he read someplace that when you are talking it increases the blood flow to your brain, keeping you awake, that is why when he goes on trips, he makes sure to have music that he knows to sing along with it.

The drivers who are good defensively believe defensive driving skills arethe most impt, so they think they are good drivers. The non-speeders think the speeders are bad drivers, so they themselves are the good ones. The ones will fine motor skills and adaptive to Mario-Andretti-conditions think THEY are the best drivers. Lake Woebegone, here we are!


Absolutely agree. I know too many of all three types and all insists on their own skills as being proper, and yet they all constantly make mistakes or take risks that just seems a little to far to me. You can't be overly cautious, as other drivers are driving with assumption of your actions, and if your actions take too long, it creates a hazard. Same with the Andretti types. Pilots have a saying "A superior pilot uses his superior judgment to avoid situations that would require the use of his superior skills." If more drivers thought that way, driving would be a lot less hazardous.

Page 1 of 2 pages  1 2 > 

You must be Registered and Logged In to post comments.

 

 

<< Back to main

BBTF Partner

Support BBTF

donate

Thanks to
BFFB
for his generous support.

Bookmarks

You must be logged in to view your Bookmarks.

Hot Topics

NewsblogOTP - July 2014: Republicans Lose To Democrats For Sixth Straight Year In Congressional Baseball Game
(2740 - 12:10pm, Jul 23)
Last: Greg K

SABR - BBTF ChapterWho's going to SABR??
(50 - 12:09pm, Jul 23)
Last: TRBMB

NewsblogAs shifts suppress offense, time has come to consider a rule change
(59 - 12:07pm, Jul 23)
Last: Davo Dozier

NewsblogSportsNet: Kawasaki: ‘A monkey never cramps’
(3 - 12:07pm, Jul 23)
Last: simon bedford

NewsblogPrimer Dugout (and link of the day) 7-23-2014
(4 - 12:02pm, Jul 23)
Last: BDC

NewsblogOT: Monthly NBA Thread- July 2014
(829 - 11:57am, Jul 23)
Last: HMS Moses Taylor

NewsblogChase Headley traded to New York Yankees from San Diego Padres - ESPN New York
(106 - 11:55am, Jul 23)
Last: DKDC

NewsblogOT: The Soccer Thread July, 2014
(325 - 11:47am, Jul 23)
Last: ursus arctos

NewsblogGeorge "The Animal" Steele Mangles A Baseball
(125 - 11:40am, Jul 23)
Last: Dock Ellis on Acid

NewsblogTrading for Price would be right move for Cubs | FOX Sports
(77 - 11:35am, Jul 23)
Last: SouthSideRyan

NewsblogRubin: deGrom for NL rookie of the year?
(16 - 11:25am, Jul 23)
Last: Davo Dozier

NewsblogRangers' Yu Darvish Pushes for a Six-Man Pitching Rotation - NYTimes.com
(21 - 11:20am, Jul 23)
Last: Crispix reaches boiling point with lackluster play

NewsblogTony Oliva turns 76; Gardenhire: 'He should be in hall of fame'
(51 - 10:19am, Jul 23)
Last: Ron J2

NewsblogCowboy Monkey Rodeo taking the Minors by storm
(12 - 10:03am, Jul 23)
Last: Lassus

NewsblogOMNICHATTER 7-22-14
(54 - 8:32am, Jul 23)
Last: Joyful Calculus Instructor

Page rendered in 0.5129 seconds
53 querie(s) executed