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He has a rare blood type and they are having a hard time finding a match to switch the samples with. 
We don't have to agree with each other, to respect each others opinion.
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Wonder what's taking so long? I doubt that a "cover up" is being hatched.. seems a bit far fetched to me. Can't see where the family of the dead guy would go along with it and I can't see where the media would just fold thier tents.. I doubt they could or even would try it. Stallworth isn't some hero type at all...
#GMSTRONG
“Everyone is entitled to his own opinion, but not to his own facts.”
Daniel Patrick Moynahan
"Alternative facts hurt us all. Think before you blindly believe."
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Post deleted because the article was posted a day or two ago.
Last edited by Referee 3; 03/23/09 03:16 PM.
#GMSTRONG
“Everyone is entitled to his own opinion, but not to his own facts.”
Daniel Patrick Moynahan
"Alternative facts hurt us all. Think before you blindly believe."
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Who is doing the blood test - the Amish?
It's actually quite amazing to see how long it takes for a blood test to go through. We've had clients who waited over 3 months before getting indicted pursuant to lab results.
Blue ostriches on crack float on milkshakes between the sidewalk titans of gurglefitz. --YTown
#gmstrong
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Post deleted because the article was posted a day or two ago.
If you are going to continue the practice of not reading threads before making a reply, please refrain from posting articles as they are most likely already posted, especially when they are from days past. It just creates duplication and clutter.
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Sorry ref,, these things get long sometimes and I often find my self in a hurry.. I'll just not post articles anymore.
#GMSTRONG
“Everyone is entitled to his own opinion, but not to his own facts.”
Daniel Patrick Moynahan
"Alternative facts hurt us all. Think before you blindly believe."
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Sorry ref,, these things get long sometimes and I often find my self in a hurry.. I'll just not post articles anymore.
Suck up!.......  
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It's actually quite amazing to see how long it takes for a blood test to go through.
It prob. went to a government lab, and with there vacations, personal days, sick days, and 186 paid holidays, they only work 65 days a year
I AM ALWAYS RIGHT... except when I am wrong.
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....at four hours a day with a paid lunch break.
Blue ostriches on crack float on milkshakes between the sidewalk titans of gurglefitz. --YTown
#gmstrong
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Suck up!.......
Why yes, yes I am 
#GMSTRONG
“Everyone is entitled to his own opinion, but not to his own facts.”
Daniel Patrick Moynahan
"Alternative facts hurt us all. Think before you blindly believe."
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Wonder what's taking so long? I doubt that a "cover up" is being hatched.. seems a bit far fetched to me. Can't see where the family of the dead guy would go along with it and I can't see where the media would just fold thier tents.. I doubt they could or even would try it. Stallworth isn't some hero type at all...
My educated guess is that the tests show alcohol, and the DA and police want to have their investigation as complete as possible before releasing the results, because once they do, there will be a public uproar to do something. the laws of evidence are very specific, and they probably want to have all their bases as covered as possible before eveyrthing goes crazy.
I think the poster who said that if he wastn' drunk, he would have said so by now, is completely right.
there is also the question of whether the guy crossing the road was doing so illegally, exactly how much over the limit he was, at what time the blood was drawn, etc. Lots of analysis to do. For ex, his blood may have tested .03. They have to be able to show it would have been .08 at the time of the accident, if it was.
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It is .01 decrease for every 40 minutes of non drinking. However, it is not exact and if he is not reading at .08 or above at the time of administration for testing than he can't be charged.
I remember reading somewhere, probably here, that a good trick to beating the BAC is to refuse to take one until your lawyer is present. Than by the time the lawyer shows up and testing is done...the BAC is lower. I think it was the poster thats a judge that stated this.
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It is .01 decrease for every 40 minutes of non drinking. However, it is not exact and if he is not reading at .08 or above at the time of administration for testing than he can't be charged.
I remember reading somewhere, probably here, that a good trick to beating the BAC is to refuse to take one until your lawyer is present. Than by the time the lawyer shows up and testing is done...the BAC is lower. I think it was the poster thats a judge that stated this.
While some will view it as "rights protection," it is a system flaw to be allowed to use this trick. It violates the right of the victim to not have been struck by a drunk in the first place. Refusing a breathylyzer at the site calls for immediate blood testing; at least, as soon as practically possible. If it's that/this serious an accident there are trained EMT's on site pretty quick.
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For a 200 pound man one drink = .02, and he will burn off .02 in one hour.
I AM ALWAYS RIGHT... except when I am wrong.
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I've heard that too.
The only difference is if you just had a shot or chugged a beer just before getting in the car...the longer you wait, it will increase your BAC as it hits your BAC.
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Police: Man hit by Stallworth wasn’t in crosswalk MIAMI (AP)—A Miami Beach police report shows a pedestrian wasn’t in a crosswalk when Cleveland Browns wide receiver Donte Stallworth hit and killed him with his Bentley. An accident report released Tuesday also says Stallworth told officers he flashed his lights to try to warn 59-year-old Mario Reyes, who was rushing to catch a bus after getting off work just after 7 a.m. Police say Stallworth was going about 50 mph in a 40 mph zone. Police are investigating whether alcohol played a role in the March 14 accident that killed Reyes. No charges have been filed against Stallworth pending the outcome of blood tests. A police diagram shows that Reyes was struck in the far left lane of a six-lane road—not in a nearby crosswalk. Stallworth stopped a few feet away.
Joe Thomas made Justin Timberlake change his name. He didn't want wusses to have the same initials...
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This will help his 'case' but it will all come down to his BAC, which I can't believe haven't come out yet.
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Quote:
Quote:
It is .01 decrease for every 40 minutes of non drinking. However, it is not exact and if he is not reading at .08 or above at the time of administration for testing than he can't be charged.
I remember reading somewhere, probably here, that a good trick to beating the BAC is to refuse to take one until your lawyer is present. Than by the time the lawyer shows up and testing is done...the BAC is lower. I think it was the poster thats a judge that stated this.
While some will view it as "rights protection," it is a system flaw to be allowed to use this trick. It violates the right of the victim to not have been struck by a drunk in the first place. Refusing a breathylyzer at the site calls for immediate blood testing; at least, as soon as practically possible. If it's that/this serious an accident there are trained EMT's on site pretty quick.
Not really.
First, most states suspend your license if you refuse to do a breathalyzer test, so although you can refuse, you'll lose your license. In CA, you lose it for a year, which is more than if you actually are convicted of a DUI.
Second, these "rights" you seem to think are a loophole have been sereverly abused, and I mean severely, in the past. Still are, in fact, and demanding a lawyer be present at all significant criminal proceedings is one of the few untainted protections we still have, and it is essential.
For a population with over one percent in jail, trust me when i say your right to counsel can not be abridged. It's the next step to a police state.
Drunk drivers get convicted 95% of the time. Do some get through? of course. and some innocent people go to jail also. It's an imperfect system because it's run by humans. Don't believe all the media and government scare tactics about criminals. They get caught and go to jail. there is a lot more to worry about regarding your rights, and the rights of those charged with crimes, than of the criminals themselves.
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Stallworth stopped a few feet away.
This line proves that he DID BRAKE. Doing 50 mph, you don't stop a few feet away. This also would lead to a reasonable deduction that he was in fact decelerating NOT accelerating like some folks on here have been postulating to try to run a red light.
And I'm sure some will jump on the "he was doing 50 in a 40 mph zone" line. Down here that is not just common, but it is expected. You do less, you very likely will get cut off or rear ended. Yes, he was technically speeding. But he was decelerating and was in the "fast lane" of a 6 lane highway.
If his BAC is high, then he's still at fault. But those results have not yet been released.
KeysDawg
The fact that some geniuses were laughed at does not imply that all who are laughed at are geniuses. - Carl Sagan
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Quote:
Quote:
Quote:
It is .01 decrease for every 40 minutes of non drinking. However, it is not exact and if he is not reading at .08 or above at the time of administration for testing than he can't be charged.
I remember reading somewhere, probably here, that a good trick to beating the BAC is to refuse to take one until your lawyer is present. Than by the time the lawyer shows up and testing is done...the BAC is lower. I think it was the poster thats a judge that stated this.
While some will view it as "rights protection," it is a system flaw to be allowed to use this trick. It violates the right of the victim to not have been struck by a drunk in the first place. Refusing a breathylyzer at the site calls for immediate blood testing; at least, as soon as practically possible. If it's that/this serious an accident there are trained EMT's on site pretty quick.
Not really.
First, most states suspend your license if you refuse to do a breathalyzer test, so although you can refuse, you'll lose your license. In CA, you lose it for a year, which is more than if you actually are convicted of a DUI.
Second, these "rights" you seem to think are a loophole have been sereverly abused, and I mean severely, in the past. Still are, in fact, and demanding a lawyer be present at all significant criminal proceedings is one of the few untainted protections we still have, and it is essential.
For a population with over one percent in jail, trust me when i say your right to counsel can not be abridged. It's the next step to a police state.
Drunk drivers get convicted 95% of the time. Do some get through? of course. and some innocent people go to jail also. It's an imperfect system because it's run by humans. Don't believe all the media and government scare tactics about criminals. They get caught and go to jail. there is a lot more to worry about regarding your rights, and the rights of those charged with crimes, than of the criminals themselves.
You apparently have not been victimized by an untested driver that killed an innocent younger brother. I say you forfeit the right to counsel when you decide to drive drunk and kill somebody.
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I say you forfeit the right to counsel when you decide to drive drunk and kill somebody.
Sorry Joice....I say you are just talking without thinking.
If everybody had like minds, we would never learn. GM Strong ![[Linked Image]](http://www.dawgtalkers.net/uploads/small-gator-chomp.gif)
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And I'm sorry you left out the first sentence of that paragraph/post. No Coach B story either,...
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This will help his 'case' but it will all come down to his BAC, which I can't believe haven't come out yet.
The thing everybody is missing here is that they are not just doing a test for alcohol. Given the magnitude of the case, this would be a full toxicology report, which includes test not only for alcohol, but for THC, cocaine, meth, heroine, prescription drugs, abnormal hormone/blood sugar levels (which could induce an odd mental state which lead to an accident)...this is the same sort of blood work they do for people who have spontaneously died for no apparent reason, and it takes about 6-8 weeks to complete.
~Lyuokdea
Last edited by Lyuokdea; 03/24/09 10:12 PM.
"When a foreigner resides among you in your land, do not mistreat them. The foreigner residing among you must be treated as your native-born. Love them as yourself, for you were foreigners in Egypt. I am the LORD your God." Leviticus 19:33-34
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So if a jay walker runs through 3 lanes of high speed traffic and I hit the brakes, flash the lights and am unable to swerve to miss him... It's MY fault ?
If I blow a .07 it's his fault and if I blow a .08 it's manslaughter ?
GMAFB
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So if a jay walker runs through 3 lanes of high speed traffic and I hit the brakes, flash the lights and am unable to swerve to miss him... It's MY fault ?
If I blow a .07 it's his fault and if I blow a .08 it's manslaughter ?
GMAFB
Actually...you can be charged with DUI regardless of what you blow on the machine. If they thing you were driving recklessly and that was due to intoxication, you will be charged with DUI and it doesn't matter if you blew a .06.
I assume that if Stallworth blows any reasonable alcohol level, he will likely be charged, it doesn't matter if it's a .07 or a .09
~Lyuokdea
"When a foreigner resides among you in your land, do not mistreat them. The foreigner residing among you must be treated as your native-born. Love them as yourself, for you were foreigners in Egypt. I am the LORD your God." Leviticus 19:33-34
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As it should be,....
The fact of the matter is, the money/profit that is made from alcohol more than outweighs the risk of a few dead lives.
Bottom line.
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So whats the point of the limit ? Well sir... you ARE below the "legal" limit but I think you could have avoided that guy running in the street after he jumped the center barrier to cross a 6 lane highway since your BAC is not ZERO.
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Some people do not know what they are talking about. If Stallworth did NOT fail the field sobriety test(Which he did not) and blows less than .08, then he could be charged with reckless driving. But even that would be contested because if there were cars in the other lane, then it would be over. Now if his BAC comes back over .08 or there were some other drugs in his system, then its all over, regardless of where the pedestrian was crossing. Stallworth needs .079 or less.
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The fact that the guy was not in the crosswalk (and therefore crossing illegally) is a huge mitigating factor to Stallworth's benefit.
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Actually...you can be charged with DUI regardless of what you blow on the machine.
Correct.
However, that is a on site evaluation that should be made by the arresting officers.
Trying to apply that 3 weeks after the fact would be a defense lawyers dream case.
The fact he was let go indicates the officers didn't have reason to believe he was driving impaired.
It doesn't bolster the DA's case when you have the arresting officers testifying against the prosecution.
If everybody had like minds, we would never learn. GM Strong
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And I'm sorry you left out the first sentence of that paragraph/post. No Coach B story either,...
It wasn't to slight the memory of your brother, and I am sorry for your loss. I really am.
While it may explain your motivation, it isn't germane to the argument.
If everybody had like minds, we would never learn. GM Strong
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I know you weren't and I appreciate that.  It is germane to me however, in the light of the fact that the drunk is legally "more protected" than the victim is morally. It is what is. I accept that.
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OoooRahJoice, I am sorry for your loss man.. that's gotta hurt..
This whole thing bothers me a little. I've read the Plain Dealer online and after the articles, there are comments by readers. some of them are just crazy. Some want to have Stallworth kicked off the team for being in the accident, some have decided he is guilty and they use what I consider to be flawed logic to convict him before he's been charged.
In the end, it may be proven that he is guilty of driving while imparied. I have no idea and the police down there aren't exactly forthcoming with that conclusion.
I do have to wonder however, if there was even a suspicion of impairment, and the cops didn't arrest him on the spot, what does that do thier case later?
I think Peen called it something of a boom to the defense if that happens.
I guess that's why I'd rather just wait for the findings of the lab before condemning the man.
#GMSTRONG
“Everyone is entitled to his own opinion, but not to his own facts.”
Daniel Patrick Moynahan
"Alternative facts hurt us all. Think before you blindly believe."
Damanshot
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I'm not trying to condemn him at all either,...justice should be served, and rights should be protected. That there are major flaws in the rules and the execution thereof is what concerns me. For example, I think .08 is way too high an allowance for BAC.
And I appreciate the kind words. There's no B in my story.
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For example, I think .08 is way too high an allowance for BAC.
While I understand your motivation and am sorry for your loss, I completely disagree. We cannot make laws based on emotion. We do that FAR too much in this country as it is.
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For example, I think .08 is way too high an allowance for BAC.
While I understand your motivation and am sorry for your loss, I completely disagree. We cannot make laws based on emotion. We do that FAR too much in this country as it is.
I agree with Jules.
Eat it Phil...
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If everybody had like minds, we would never learn. GM Strong
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I agree with Ballpeen in agreeing with brownsfan2119 in agreeing with Jules in disagreeing with Orah.
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I agree with Jules on this one also....
#GMSTRONG
“Everyone is entitled to his own opinion, but not to his own facts.”
Daniel Patrick Moynahan
"Alternative facts hurt us all. Think before you blindly believe."
Damanshot
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Think the roadside tests were just fine.. It's about physical ability, and 1 drink for one person has a completely different reaction to someone else. People's bodies just process it all differently.
We don't have to agree with each other, to respect each others opinion.
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Forums DawgTalk Tailgate Forum Donte Stallworth detained after
pedestrian fatality
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