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Tuesday, April 07, 2020

Todd Helton served 48 hours in jail after DUI guilty plea

KNOXVILLE, Tenn. (AP) — Former All-Star first baseman Todd Helton pleaded guilty to driving under the influence as a first offense and has served 48 hours in jail as part of his sentence.

Helton crashed his vehicle on March 18, 2019, in Knox County and required emergency medical care. No other cars were involved and one else was hurt. Helton was given a misdemeanor citation for DUI.

Knox County assistant district attorney Sean F. McDermott confirmed Monday to The Associated Press that Helton also received unsupervised probation for 11 months, 29 days, with his license suspended for a year. Helton also had to pay a $350 fine and attend a Victim Impact Panel.

TMZ first reported Helton had settled his case.

 

QLE Posted: April 07, 2020 at 01:10 AM | 31 comment(s) Login to Bookmark
  Tags: dui, todd helton

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   1. puck Posted: April 07, 2020 at 11:11 AM (#5937253)
This seems like a fortunate result for Helton given his earlier arrest in Colorado.
   2. Starring RMc as Bradley Scotchman Posted: April 07, 2020 at 11:57 AM (#5937270)
At least he wasn't trying to pick up a hooker, like another Rockies player...
   3. Bug Selig Posted: April 07, 2020 at 12:17 PM (#5937278)
At least he wasn't trying to pick up a hooker
We don't know that.
   4. Gonfalon Bubble Posted: April 07, 2020 at 12:45 PM (#5937292)
If Helton were still in Colorado, those 48 hours in jail would have inflated to 56 hours.
   5. base ball chick Posted: April 07, 2020 at 12:58 PM (#5937296)
this goes to show how important it is to have a LOT of $$$ for top expensive attorneys when you get caught driving and drinking. it costs a LOT to get a DUI off your record - at least here in texas.

and i bet they don't do real too much if he gets another DUI as long as he doesn't hurt anyone else
   6. bigglou115 is not an Illuminati agent Posted: April 07, 2020 at 01:24 PM (#5937303)
@5, that's not really true in this case. I was far from a high priced attorney, but I handled a ton of DWI cases when I was in private practice. Considering the circumstances, I would consider that within the normal range for my clients, maybe even the high end.
   7. Ron J Posted: April 07, 2020 at 01:46 PM (#5937309)
#6 Something DMN has pointed out many times. Most people vastly overestimate how long typical prison sentences are.

Now I do think lengthy prison sentences for DWI are becoming more common, but I'm thinking that there are typically other factors in play when it happens.
   8. Bhaakon Posted: April 07, 2020 at 02:08 PM (#5937321)
He served it now? I'd think this is precisely the kind of jail stint that officials would be looking to delay at the moment.
   9. bigglou115 is not an Illuminati agent Posted: April 07, 2020 at 03:24 PM (#5937349)
Now I do think lengthy prison sentences for DWI are becoming more common, but I'm thinking that there are typically other factors in play when it happens.


Well, it's tough. Punishment doesn't really stop DWIs, mostly because people are generally in a poor state to judge when they're deciding to drive.

It was always tricky as a lawyer. I tried to limit my practice to people who needed a second chance, for instance people who would lose their jobs. Other than that there is a subset of the population that tests false positive. But sometimes those people become overconfident and you have to live with that. It wasn't an easy branch of law to practice.

Of course, a lot of lawyers weren't fighting them the way I was, I have a lot of statistics and biology. If you attack the science and procedure I think people would be stunned how vulnerable most DWIs are.
   10. Nasty Nate Posted: April 07, 2020 at 03:32 PM (#5937354)
Helton also received unsupervised probation for 11 months, 29 days
Is one year of probation some threshold they wanted to duck under?
   11. SoSH U at work Posted: April 07, 2020 at 03:40 PM (#5937357)
Is one year of probation some threshold they wanted to duck under?


Perhaps it's a year minus the 48-hour stay in the hoosgow.

   12. Nasty Nate Posted: April 07, 2020 at 03:54 PM (#5937364)
Perhaps it's a year minus the 48-hour stay in the hoosgow.
That makes sense.
   13. bigglou115 is not an Illuminati agent Posted: April 07, 2020 at 04:59 PM (#5937391)
Is one year of probation some threshold they wanted to duck under?


It's a misdemeanor, so they can't punish him for more than a year. So like SoSH said jail time + probation has to be less than 365 days.
   14. bobm Posted: April 07, 2020 at 05:13 PM (#5937395)
Helton also received unsupervised probation for 11 months, 29 days


Helton can cause a lot of trouble when not properly supervised.
   15. Mayor Blomberg Posted: April 07, 2020 at 06:41 PM (#5937429)
Of course, a lot of lawyers weren't fighting them the way I was, I have a lot of statistics and biology. If you attack the science and procedure I think people would be stunned how vulnerable most DWIs are.

\
Read or heard a podcast about that recently. One of the vulnerabilities was length of time since the field unit was factory recalibrated, or whatever the proper term is, rather than reset to zero to start the shift. (Apologies for terminological errors)
   16. Walt Davis Posted: April 07, 2020 at 06:55 PM (#5937435)
When I click on my "objective alien" mode, this sort of thing gets me shaking my head. It's pure random chance there wasn't somebody else in the car or another car on the road. He gets 2 days (plus probation); the guy that random chance put a human in front of gets 20 years. Helton and the drunk driver that kills somebody are engaging in the same behavior** but we punish based on results -- results that were (give or take) just as likely in Helton's case as some other guy's case. It makes no sense from a deterrent perspective (Helton should get much longer) and it makes no sense from a justice perspective (both drivers engaged in the same illegal behavior). Imagine what the posts in this thread would look like if Helton had killed somebody.

** In specific cases there may be differences of blood alcohol levels, repeat offenses, etc.
   17. Walt Davis Posted: April 07, 2020 at 07:02 PM (#5937439)
mostly because people are generally in a poor state to judge when they're deciding to drive.

But they were sober when they decided to drive to the bar or the party. That's the decision we need to stop.

Please don't take me as holier than thou. I have driven drunk a few times in my life in my younger days. I probably would have done it a lot more except I didn't have a car most of those years -- but I piled in as a passenger dozens of times without giving it any throught. I, and my friends to my knowledge, were lucky never to be involved in an accident; never even pulled over when I was in the car.
   18. The Yankee Clapper Posted: April 07, 2020 at 07:08 PM (#5937443)
When I click on my "objective alien" mode, this sort of thing gets me shaking my head. It's pure random chance there wasn't somebody else in the car or another car on the road. He gets 2 days (plus probation); the guy that random chance put a human in front of gets 20 years. Helton and the drunk driver that kills somebody are engaging in the same behavior** but we punish based on results -- results that were (give or take) just as likely in Helton's case as some other guy's case. It makes no sense from a deterrent perspective (Helton should get much longer) and it makes no sense from a justice perspective (both drivers engaged in the same illegal behavior).
Many areas of the law are like that. If you fire a gun when you shouldn’t, the consequences are less serious if you don’t kill anyone, even more so if you don’t hit anyone. If you drive negligently for reasons unrelated to alcohol, you’re also going to be treated more leniently if no one else is injured. The Anglo-American legal system places a premium on “intent” and “results”.
   19. Sunday silence Posted: April 07, 2020 at 07:35 PM (#5937447)
Other than that there is a subset of the population that tests false positive. But sometimes those people become overconfident and you have to live with that


For the life of me, I cant fathom what you are trying to say here.
   20. snapper (history's 42nd greatest monster) Posted: April 07, 2020 at 07:40 PM (#5937448)
Many areas of the law are like that. If you fire a gun when you shouldn’t, the consequences are less serious if you don’t kill anyone, even more so if you don’t hit anyone. If you drive negligently for reasons unrelated to alcohol, you’re also going to be treated more leniently if no one else is injured. The Anglo-American legal system places a premium on “intent” and “results”.

A lot of it is obvious. If the penalty for shooting someone is the same as killing them, a lot of wounded witnesses are going to get finished off.
   21. bigglou115 is not an Illuminati agent Posted: April 07, 2020 at 11:10 PM (#5937479)
Other than that there is a subset of the population that tests false positive. But sometimes those people become overconfident and you have to live with that


Pitfalls of mobile I guess, I got crossed up in my thoughts.

There are any number of factors that could cause a breathalyzer to fail. The most common is diabetes. Ketones in the breath can trip up the machine. In the other direction, gum or tobacco can cause the concentration of alcohol in your breath to be higher than your BAC for minutes after they've been removed.

The second point was to the larger point about difficulties in defending DWIs. Sometimes you win when you should, but on at least one occasion I've done that and the client came back to me later with a real DWI operating under the assumption I could get him out of it.
   22. bigglou115 is not an Illuminati agent Posted: April 07, 2020 at 11:26 PM (#5937482)
But they were sober when they decided to drive to the bar or the party. That's the decision we need to stop.


Agreed, but that's a problem of education. Most people don't leave intending to drive drunk. It's the problem with all those commercials, they all start with the person drunk. Someone leaves their house expecting to have a couple of beers over a few hours, the science tells us they're probably going to be under .08. They don't start going wrong until after the alcohol has entered the equation. Increased punishments won't get at that, at least not efficiently.

As to why things are different depending on the result... I couldn't tell you. I can tell you that repeat DWI offenders don't care about the punishment. They just keep re-offending. And the punishments have increased substantially in my lifetime, it hasn't really affected the rates. There's a whole school of thought that punishment doesn't do much to stop crime anyway, but it definitely is that way in DWIs.

@15, yeah. The first thing I always did was get the log. Sometimes it would be a calibration issue, others an officer would blow a .07 goofing around and have to explain that. Another big one is the 15 minute observation window before the formal test, most officers count time in transit but that isn't allowed. Some types of machine will test harder on smaller people than larger. Field sobriety is a joke. Statistically, only the eye nystagmus test is materially over 50% accurate (one leg test is something like 30%), and I've never seen an officer do it right. Contacts will screw that one up anyway and they never check for that.
   23. Tulo's Fishy Mullet (mrams) Posted: April 07, 2020 at 11:41 PM (#5937487)
I used to prosecute OWI years ago (as it is called in WI). Field sobriety tests are total BS. Even sober, let's see a driver perform these tests on uneven ground often gravel, at night, its windy, and you're staring back at headlamps and traffic passing by . Lawyers like Bigglio, attacking science, and test protocol were the most successful amongst the defense bar. 1st OWI remains a non-criminal offense in WI, though DL suspension is a guarantee 9 mos. though getting a work permit only during suspension is easy.
   24. Ron J Posted: April 08, 2020 at 08:11 AM (#5937511)
#22 Mike Holmes has a saying (different field -- his concern is home construction cockups -- but still on point), "If nothing happens, nothing happens". Practices that could kill someone are largely tolerated until they do.
   25. Ziggy is done with Dominican discotheques Posted: April 08, 2020 at 09:52 AM (#5937529)
Walt: the really weird thing is that moral judgments also often track facts that the people being judged have no control over. Intuitions vary, but sometimes drunk drivers who make it home safely vs. those who kill someone are used as examples. This is called 'moral luck' in philosophical circles.
   26. Starring RMc as Bradley Scotchman Posted: April 08, 2020 at 10:34 AM (#5937537)
I can tell you that repeat DWI offenders don't care about the punishment. They just keep re-offending.

Sounds like they meed to be locked up for a long time, or perhaps get acquainted with ol' Sparky. (And I don't mean Anderson.)
   27. Ron J Posted: April 08, 2020 at 10:44 AM (#5937541)
#26 That's what I meant in #7. There are serial offenders that are starting to get serious time even though they haven't hurt anyone. Because they just don't care you have to go with a punishment that keeps them off the road.

And suspending/revoking their license does nothing.
   28. KronicFatigue Posted: April 08, 2020 at 10:46 AM (#5937542)
I've always had a zero tolerance for this kind of behavior, but it's even more absurd now with the convenience of Uber etc. 1) Uber at the start of the night, you cheap ass 2) if you drive there expecting only 1 or 2 beers, uber home and get your car tomorrow. It's cheapness, laziness, and arrogance that puts these people behind the wheel.

And rich ######## should just have personal drivers, 24/7.
   29. Ron J Posted: April 08, 2020 at 12:03 PM (#5937566)
#28 Some people just like to drive. Back in the day Jack Nicklaus used to require a specific type of car for any personal appearance. Forget the type but it was a comfort rather than performance car. And he drove.
   30. TJ Posted: April 08, 2020 at 04:14 PM (#5937680)
Yeah yeah yeah- drunk driving bad, drunk drivers should have their children taken away, we all know that. Now on to to more important topic- how will this affect Helton's Hall of Fame vote totals?

   31. What did Billy Ripken have against ElRoy Face? Posted: April 08, 2020 at 04:21 PM (#5937684)
Back in the day Jack Nicklaus used to require a specific type of car for any personal appearance. Forget the type but it was a comfort rather than performance car.
He seems like a Buick sort of guy.

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