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Something about an officer saying... You're 17 and you've been drinking and driving, you blew a .06... here's your $100 ticket for going 55 in a 30, have a nice evening..... doesn't exactly sound right either.




They don't do that for those over 21 either... I know people that blew under .08 and got arrested on the spot for reckless op.


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My point is, whatever the penalty is for having alcohol in your system and driving for people over 21, should be worse for people under 21...


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My point is, whatever the penalty is for having alcohol in your system and driving for people over 21, should be worse for people under 21...




Exactly, don't do the crime if you can't.....uhhh...pay the fine.

If you're underage, you SHOULD get a DUI for having any booze on your breath. Why? You're not supposed to be drinking at all. Maybe you're not legally impaired....but you're not legally supposed to be drinking. In any case, don't drink and drive. It's just that simple.


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Maybe I missed it but in re-reading the previous stories nowhere does it say he took a breathalyzer test at the scene. If they didn't think he acted drunk maybe they didn't give him any field sobriety tests and figured the blood test was good enough.




I never said be blew.....he took a blood test.

I guess where I am coming from is if he was drunk, it should have been detected in the field testing, or is that just my simple mind moving too fast??





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Your the legal expert bro..........I'm thinking .12 is pretty hammered....am I right?? If so he's either a really good drunk (which means he has experience) or the cops didn't take the time to do their job because of who he was (which I doubt).


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Quote:

Something about an officer saying... You're 17 and you've been drinking and driving, you blew a .06... here's your $100 ticket for going 55 in a 30, have a nice evening..... doesn't exactly sound right either.




In the OLD days they would just follow you home, and tell you NOT to leave the house for the rest of the night. Of couse back then they didn't make you blow into a breathalizer either.


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I never said be blew




Never thought you did. Hence the J/C at the start of the post.......

Anyway, my point was that if he didn't do a Breathalyzer and he didn't have to do any field tests they must have had no reason to think he was drunk. Or he holds his liquor really well.

Because I gotta believe if he was at .12 it should have be visible to a trained police officer. Or they figured the blood test was good enough.


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Quote:

Quote:

Something about an officer saying... You're 17 and you've been drinking and driving, you blew a .06... here's your $100 ticket for going 55 in a 30, have a nice evening..... doesn't exactly sound right either.




In the OLD days they would just follow you home, and tell you NOT to leave the house for the rest of the night. Of couse back then they didn't make you blow into a breathalizer either.




I agree....and I think the old days were better.


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I never said be blew




Never thought you did. Hence the J/C at the start of the post.......

Anyway, my point was that if he didn't do a Breathalyzer and he didn't have to do any field tests they must have had no reason to think he was drunk. Or he holds his liquor really well.

Because I gotta believe if he was at .12 it should have be visible to a trained police officer. Or they figured the blood test was good enough.




I follow you now....and what I think....and in this day and age, if the police even think to the slightest degree you are impaired, you get cuffed, to be sorted out later.


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My point is, whatever the penalty is for having alcohol in your system and driving for people over 21, should be worse for people under 21...




Exactly, don't do the crime if you can't.....uhhh...pay the fine.

If you're underage, you SHOULD get a DUI for having any booze on your breath. Why? You're not supposed to be drinking at all. Maybe you're not legally impaired....but you're not legally supposed to be drinking. In any case, don't drink and drive. It's just that simple.




It still doesn't make you impaired. If the standard is .08 the standard is .08. If you want to make it so women are .04 would that be considered right? nope. They came up with that standard because that's where they say the level of impairment begins to start. Being .04 at 18 is no different than .04 at 21. It's too big of a money maker to change that though.


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POST DELETED- SAYING YOU SAW SOMETHING ON TV IS CONSIDERED RUMOR

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Reports say Stallworth was drunk at collision, may be planning to surrender
by Mary Kay Cabot/Plain Dealer Reporter
Thursday March 19, 2009, 10:18 PM

UPDATED: 10:21 p.m.

CLEVELAND -- Browns receiver Donte Stallworth was driving drunk last Saturday when he struck and killed a pedestrian with his Bentley in Miami Beach, a source with knowledge of the investigation told the Miami Herald Thursday.

Also, Miami television station WSVN reported that Stallworth's blood alcohol level was perhaps as much as twice the legal limit of .08 percent when he killed Mario Reyes, 59, on the MacArthur Causeway between Miami and Miami Beach at 7:17 a.m.

Detective Juan Sanchez, a spokesman for the Miami Beach police, would not confirm the results of the toxicology report.

"That has not been released or confirmed by us," Sanchez said by phone. "They went with that story without confirming it with us." Sanchez added that although results of Stallworth's blood test are due Friday, "we will not be releasing those results until we make an arrest."

WSVN also reported that police and Stallworth's lawyer, Robert Switke, are negotiating the terms of his surrender. Switke, reached by the Herald Thursday, said of the test results, "I have not seen them, and I have no comment."

Stallworth, 28, faces possible DUI manslaughter charges, which carry a 15-year jail sentence if convicted. WSVN said even with a plea deal, a manslaughter conviction would mean mandatory jail time.

The Browns have remained silent since releasing an unattributed statement on Saturday saying they understand the seriousness of the situation, but can't comment further because of the ongoing investigation.

Stallworth's agent, Drew Rosenhaus, has not returned phone or email messages.

Stallworth issued a statement through the Browns Wednesday saying he was "grief stricken over the tragic accident" and that his thoughts and prayers are with the Reyes family. He also said he couldn't comment further because of the investigation.

Police have said Stallworth is cooperating fully with the probe. A video obtained by the Herald on Sunday showed him at the crash site being given a sobriety test by two police officers. He was also seen looking back at Reyes while rescue workers tried to revive him. His blood was drawn at the site, an automatic procedure in Florida when fatalities or serious injuries occur.

The accident occurred the morning after Stallworth earned a $4.75 million roster bonus from the Browns. Because such large bonuses are usually paid in two installments, often in April and January, it's likely that Stallworth has not received the money yet. The Browns could try to withhold it pending the outcome of the investigation, considering that most bonuses contain forfeiture clauses based on player conduct.

NFL spokesman Greg Aiello said on Wednesday that it's premature to say if Stallworth would be in violation of the league's conduct policy whether or not criminal charges are filed. He said "we're just continuing to monitor it."

Reyes, who is survived by his wife and 15-year-old daughter, was an overnight crane operator who was crossing the street to catch a bus home when he was killed.

Stallworth, an eight-year NFL pro, is heading into the second-year of a seven-year, $35 million deal with the Browns that included $10 million guaranteed. Hampered by a pulled quad muscle that caused him to miss five games last season, Stallworth had his worst statistical season, catching 17 passes for 170 yards.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

I don't understand "negotiating a surrender." You go to the police station, say "I'm Donte Stallworth" and you face the music. If this were me or anyone else on this board they would have came to our house and picked us up.......


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I agree....and I think the old days were better.




Of course they were.......We were a whole lot younger then......


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Quote:

Quote:

Something about an officer saying... You're 17 and you've been drinking and driving, you blew a .06... here's your $100 ticket for going 55 in a 30, have a nice evening..... doesn't exactly sound right either.




In the OLD days they would just follow you home, and tell you NOT to leave the house for the rest of the night. Of couse back then they didn't make you blow into a breathalizer either.




Well, dinosaurs didn't have to be clocked or field-tested either......

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You go to the police station, say "I'm Donte Stallworth" and you face the music.




Nope, he would say "I'm NFL wide receiver, Donte Stallworth."


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Quote:

Quote:

Quote:

Something about an officer saying... You're 17 and you've been drinking and driving, you blew a .06... here's your $100 ticket for going 55 in a 30, have a nice evening..... doesn't exactly sound right either.




In the OLD days they would just follow you home, and tell you NOT to leave the house for the rest of the night. Of couse back then they didn't make you blow into a breathalizer either.




Well, dinosaurs didn't have to be clocked or field-tested either......




Plus, dinosaurs had big enough brains to realize not to run into one another


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The accident occurred the morning after Stallworth earned a $4.75 million roster bonus from the Browns.




That's a VERY poor choice of words by the reporter...........


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.08 is the legal limit .. .12 is barely over the limit ...

I am not sticking up for Donte by any stretch .. but this sounds like if he had gotten the tick a half hour after the bar closed he was maybe a beer or two over the limit witch means in my case i can drive fine ... i mean to be legally drunk u do not even have to have a minor buzz ....

at 7:00 in the morning ... a bunch of things could have happend ...

he could have got hammered and went home and slept for 5 or 6 hours and woke up and still be considered legally drunk ..

he could have had a decent buzz on and spent 2 - 4 hours with a lady friend and still be over the limit ...

he could have had a mellow buzz on and went to breakfast if he left the bar at 5 and still been over the legal limit ....

WHO KNOWS ... lots of possibilities ... all we do know for sure if this is true .. NO MATTER WHAT HAPPEND .... weather he was buzzing or had his full witts about him but was still over the legal limit ...... is that hes $CREWED cause he drank and was involved in a fatal car accident ..





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That post sums it all up. If that report comes back and says .081 he is done! If it says anything under that, he has a shot of not going to jail.( I'm not even talking about football at this point!). But someone correct me if I'm wrong, but I would THINK that if the police did a sobriety check on the scene, then they would have done the breath test. If not, Donte would have been taken somewhere to get the lab work done.

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They did a field test, then took him for bloodwork.


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Yes, but since that is the case, and I KNOW I DO NOT KNOW FLA LAW, but if a person blew( via the Breathe test) over .08, you stay in jail. As far as the field test, Donte must passed the field test to some degree because they let him go after the bloodwork. But again, I will defer to someone that knows FLA laws

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I didn't see where it said he was field tested. I would assume he was but I don't remember seeing it in any of the news reports.


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Cleveland Browns WR Donte Stallworth returns to team while Miami police await test results
by Mary Kay Cabot / Plain Dealer Reporter
Friday March 20, 2009, 5:00 PM

UPDATED: 9:13 p.m.

CLEVELAND -- While Miami Beach police await a toxicology report on Donte Stallworth, the Browns receiver has returned to Cleveland and has been working out in the team's voluntary off-season program, his attorney, Chris Lyons, told The Plain Dealer.

Police said it's unlikely they'll receive the report over the weekend, meaning charges might be filed against Stallworth on Monday or Tuesday at the earliest.

"Donte reported to the Browns on Wednesday morning and he's been welcomed back by everyone -- his teammates, the management, the coaching staff, and they've all been extremely supportive," Lyons said. "It's been good for him to get back to work."

Lyons said Stallworth remains grief-stricken over the death of Mario Reyes, 59, whom he reportedly struck and killed with his Bentley on March 14 in Miami Beach, "but he's got a lot of support from family and friends and he's getting up everyday and doing the best he can."

Despite Miami newspaper and television reports that Stallworth's blood-alcohol level was above Florida's legal limit of .08 percent, Lyons said neither he nor Stallworth has been made aware of test results. He said he couldn't comment on whether or not Stallworth was under the influence of drugs or alcohol because the investigation is ongoing.

Ed Griffith, spokesman for Miami-Dade County state attorney Katherine Fernandez Rundle, said Stallworth might face a charge of DUI manslaughter, which carries a minimum prison sentence of four years and a maximum of 15 years.

"DUI manslaughter is a very serious offense," Griffith said.

Miami Beach police stressed Friday they haven't received the results of Stallworth's blood test, taken at the crash site on MacArthur Causeway. A source with knowledge of the investigation told the Miami Herald on Thursday that Stallworth's blood-alcohol level was above .08. Their news partner, WFOR-CBS 4, reported it was .14.

"Right now, we don't have the results and we don't have anything to release," Officer Deborah Doty said. "There are a lot of rumors going around and it's unfortunate. People have to respect that there is a person who is deceased."

Doty said she doubted police would receive the report over the weekend.

"As soon as we receive the report, we'll check with the investigator and if he says it's OK to release results, we will," Doty said. "But you definitely don't want to do anything to hinder the investigation."

Another Miami Beach police spokesman, Detective Juan Sanchez, said Thursday that results would not be released until an arrest is made.

Lyons said he's been in constant contact with Miami Beach authorities and they're well-aware of Stallworth's whereabouts.

Browns players participating in the off-season program are not required to work out on weekends, but Lyons said Stallworth will remain in Cleveland, along with his mother and brother, who have joined him for support.

"He's going to stay up there and keep working out and getting himself in the best condition he can," Lyons said. "At the same time, Donte and his family have been respectful of Mr. Reyes' family, and he's always mindful that Mr. Reyes lost his life."

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"Right now, we don't have the results and we don't have anything to release," Officer Deborah Doty said. "There are a lot of rumors going around and it's unfortunate.




Well, if the news papers have the results, how come the police department does not??? Are the papers just blowing smoke??? My guess is the DA has the lab reports and they are finalizing the details of the incident and the pending charges. The hammer is about to slam down hard-- unfortunate for everyone involved.

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CLEVELAND -- Browns receiver Donte Stallworth was driving drunk last Saturday when he struck and killed a pedestrian with his Bentley in Miami Beach, a source with knowledge of the investigation told the Miami Herald Thursday.






Just wondering, if it turns out that he wasn't drunk and that these reports were basically incorrect, does stallworth have a case against MK Cabot, the Plain Dealer, the Miami Paper and the person that leaked the misinformation?


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I'd say he does against the person who leaked the info, and probably against the Miami paper. I doubt he'd get anything from Mary Kay and the Plain Dealer cause in Mary Kay's report it said that the Miami paper was reporting it.


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"Right now, we don't have the results and we don't have anything to release," Officer Deborah Doty said. "There are a lot of rumors going around and it's unfortunate.




Well, if the news papers have the results, how come the police department does not??? Are the papers just blowing smoke??? My guess is the DA has the lab reports and they are finalizing the details of the incident and the pending charges. The hammer is about to slam down hard-- unfortunate for everyone involved.




That is exactly what is happening! Someone from the DA or lab leaked the info but the police is covering all bases in the case knowing he's going to have a high-priced attorney in the case. They are doing everything by the book and that is why this is taking so long.


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To me, the level of his drunkenness isn't what killed this guy, it was probably the result of reckless driving.

I have to think that Dante wasn't just driving down the road, observing all traffic laws when all of the sudden he hit a guy. IMO he was speeding, or weaving in and out of traffic, or in some way driving aggressively; and that is why this guy is dead. Stallworths BAC is besides the point.

JMHO


I think its a misconception that alcohol makes you a reckless driver. Its not like those commercials where you see guys swerving back and forth all over the road. Reckless driving is reckless driving no matter if you are drinking Root Beer or Heineken.


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CLEVELAND -- Browns receiver Donte Stallworth was driving drunk last Saturday when he struck and killed a pedestrian with his Bentley in Miami Beach, a source with knowledge of the investigation told the Miami Herald Thursday.






Just wondering, if it turns out that he wasn't drunk and that these reports were basically incorrect, does stallworth have a case against MK Cabot, the Plain Dealer, the Miami Paper and the person that leaked the misinformation?




No. As long as the person who put out the story had a legitimate reason to believe that their information was accurate, then there isn't a whole lot that he would be able to do. If he could show that incorrect information was put out maliciously, then he might, but that would be very difficult for him to do.

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No. As long as the person who put out the story had a legitimate reason to believe that their information was accurate,




I can see that being true for MK Cabot.. when it comes right down to it, all she's really doing is reporting what another news outlet is reporting. The culprit I think would be the person that leaked the info and the Miami papers...

I think that both would be liable.. Let me put it this way, if I were on a jury that heard the case, and it was proven that the report was wrong, I'd vote in favor of a big payday for donte....

I have no idea what really happened that day.. I don't know if he was drugged up, drunk or just plain not paying attention., I also don't know if the guy that was coming off the night shift as a crane operator was tired and just walked out in front of Stallworth..

NOBODY has proven anything yet. So I'll just reserve judgement till the facts are in.


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Journalists are typically afforded certain privileges regarding the publishing of information in news stories, privileges that wouldn't be given to folks who aren't members of the media. Again, as long as the journalist who put the information out in the first place can show that he reasonably believed his information to be factually accurate (which would go back to the credibility of his source) and the information was disseminated with the intent to inform the public, as opposed to being put out for malicious reasons, then he wouldn't have much of a case.

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Attorney denies reports that Browns' Stallworth was drunk during fatal accident


The Associated Press
Posted Mar 21, 2009 @ 04:11 PM
Last update Mar 21, 2009 @ 04:12 PM

Miami — Authorities have yet to release blood tests for Cleveland Browns wide receiver Donte Stallworth, who authorities say fatally struck a pedestrian in Miami Beach a week ago.

Meanwhile, his attorney is denying media reports that the tests show Stallworth was driving drunk.

Christopher Lyons said Saturday that neither police nor the state attorney’s office have released the results of toxicology tests. They have not said specifically when they will be released.

The Miami Herald and local TV news, citing unnamed people, have reported that Stallworth’s blood-alcohol level was above Florida’s legal limit.

A Miami Beach police spokesman didn’t return an e-mail or phone message from The Associated Press on Saturday.

Stallworth hasn’t been charged.

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What makes me think he's certainly guilty is that I'm not reading or hearing quotes saying emphatically that he wasn't drunk, period.

I think this goose has cooked.

Not only that, but his 3 or $4M signing bonus just got paid to that family either way.


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almost 10 days now and no release of info on this?

I'm finding it difficult to believe that in a high profile case involving a fatality that it is taking this long to get results. I smell a coverup brewing.... something ain't right.


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money talks...i agree with the coverup! sounds like he bought his way out of this.


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Donte Stallworth has returned to Cleveland and has been working out in the Browns' voluntary offseason conditioning program while police in Miami Beach continue to probe his involvement in a fatal car-pedestrian accident, The (Cleveland) Plain Dealer reported.

Stallworth's attorney, Chris Lyons, told the newspaper that Stallworth returned to Cleveland earlier this week.

Stallworth
Stallworth

"Donte reported to the Browns on Wednesday morning and he's been welcomed back by everyone -- his teammates, the management, the coaching staff, and they've all been extremely supportive," Lyons said, according to the report. "It's been good for him to get back to work."

Police in Miami Beach said they are still awaiting toxicology results that could result in criminal charges against the wide receiver, the newspaper reported. Police said it was unlikely they would receive the toxicology report during the weekend, meaning any charges against Stallworth might have to wait until Monday or Tuesday at the earliest, according to the Plain Dealer.

In the meantime, police are continuing to refute South Florida-area media reports that test results showed Stallworth's blood-alcohol level was above the Florida legal limit of .08 percent.

"Right now, we don't have the results and we don't have anything to release," Miami Beach police officer Deborah Doty said, according to The Plain Dealer. "There are a lot of rumors going around and it's unfortunate. People have to respect that there is a person who is deceased."

Lyons said Saturday that neither police nor the state attorney's office have released the results of toxicology tests, and neither has said specifically when they will be released.

A Miami Beach police spokesman didn't return an e-mail or phone message from The Associated Press on Saturday.

The Miami Herald and local TV news outlets, citing unnamed people, have reported that Stallworth's blood-alcohol level was above Florida's legal limit.

Stallworth has not been charged with a crime in the death of Mario Reyes, a 59-year-old Miami man who was struck by Stallworth's Bentley on a Miami Beach street early the morning of March 14.

"My family and I are grief-stricken over the tragic accident which occurred Saturday on Miami Beach where Mario Reyes sadly lost his life," Stallworth said in a prepared statement released earlier in the week by the Browns. "My thoughts and prayers are with the Reyes family during this incredibly difficult time."

Lyons said he has remained in close contact with Stallworth and that police in Miami Beach are aware of Stallworth's whereabouts, according to the Plain Dealer.

"He's going to stay up there and keep working out and getting himself in the best condition he can," Lyons said, the newspaper reported. "At the same time, Donte and his family have been respectful of Mr. Reyes' family, and he's always mindful that Mr. Reyes lost his life."
http://sports.espn.go.com/nfl/news/story?id=4003333&campaign=rss&source=NFLHeadlines />



We don't have to agree with each other, to respect each others opinion.
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Who is doing the blood test - the Amish?

Joined: Sep 2006
Posts: 28,445
Legend
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Joined: Sep 2006
Posts: 28,445
can't be, even using hand saws and horse-drawn carriages they'd be done with it a long time ago.


Browns is the Browns

... there goes Joe Thomas, the best there ever was in this game.

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DawgTalkers.net Forums DawgTalk Tailgate Forum Donte Stallworth detained after pedestrian fatality

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