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maccawings

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Everything posted by maccawings

  1. Definitely a hard pass for me. Still hoping for something exciting before end of the year!
  2. I hope so, but if this is in place of either of those, huge disappointment For me at least. If this was the big surprise, they need to recalibrate their measuring sticks
  3. Extreme disappointment for me, was hoping for BITUSA box or Tracks 2
  4. This would be an extreme disappointment if this was the big surprise. Was hoping for something in the realm of a musical release
  5. Sure hoping that this is NOT the big surprise this year. If so, failed miserably
  6. Also as a funny side note......What is the most common answer given to an officer conducting a DWI stop when asking a driver how many drinks have you had tonight? Like Bruce......the answer is 2
  7. Now some clarity to the Attorney Kassman that is quoted earlier. Despite the fact that you can be found guilty with a BAC under .08%, it is a very rare event. So I would say in my experience that his comment about never getting a conviction is accurate. As I stated earlier, alcohol does not mix well with numerous prescribed drugs and of course the Alcotest does not measure the existence or amount of any narcotics/ prescribed drugs in your system. If the officer’s observations did not line up with the reading that was achieved. They should have taken him to the hospital and had blood drawn. It would have been the only way to prove that he was impaired after the low BAC reading and that there was more at play than just alcohol. judging by what’s out so far, I would say a conviction would be a heavy lift. Doesn’t make the officer wrong, but I’d love to see any body cam footage of the incident
  8. Ok, let me take a stab at this one. When a local, county or state officer makes an arrest, they generally disseminate that information to local papers by either press releases or a department approved information for the police blotter. Arrests, reports and general info However, I am not sure that the Federal Agencies do the same. The APP which is the main Monmouth/Ocean County papers, I have never seen a Sandy Hook blotter in that paper. And I used to read the police blotters quite regularly. So if the Federal Park Rangers do release that information, I have no clue where that would be. I would lean towards them either not announcing them or only announcing them periodically ( maybe in this case months). Local PD’s generally are in the paper between 1 to 3 weeks
  9. I’m going to take an educated guess from the different reports. While not versed on procedure of Federal Park Rangers. Since he has not been charged with Refusal to my knowledge, it appears to me that he refused a PBT on scene. Those PBT readings are used towards probable cause to arrest and usually added info to the standard field sobriety tests. You are not mandated by law to take the PBT. It would make sense that he was arrested on scene and then brought into the PD and was asked again to submit to breath samples which is mandatory by law. If the .02% reading is true, it’s from these tests that the reading comes from I think the confusion here, is any reading on the PBT is not your official BAC level in court and is mainly used towards officer’s probable cause to arrest. Not taking it left the officer one less tool in the tool box leaving him to make his decision on observations and balance tests. Your official BAC is taken inside the PD, most likely taken on the Drager Alcotest . This is where Bruce probably complied with the officer and submitted samples of his breath and where the .02% BAC reading is being quoted from
  10. But yes, I’d say hold off as you see that more bits coming out as time goes by and conflicting the earlier reports
  11. The article from zzcoolness has the refusal in it but then states that samples given later were measured at .02% but not how long after the arrest
  12. Yeah see, the story continues to morph. This is the first mention I’ve seen of a refusal. If he did refuse, than the .02% is most likely false if you look at this article, it says he was viewed taking the last swig of a tequila bottle, not just a shot
  13. No, refusal to submit to breath samples is a stand alone and additional charge. Which means if the judge found you guilty for DWI, you would receive a 6 month loss of license and could receive an additional 6 month loss for the refusal conviction. According to the articles that I have seen, there is no mention of a refusal
  14. Yes, you are required by law to submit to breath samples. Refusal to do so is an automatic 6 month suspension of license. Generally it is 40 minutes or more between the traffic stop and the taking of breath samples
  15. Well, certain medicines have warnings on the labels not to mix with alcohol. But when folks ignore those warnings, they can technically be impaired without actually being over the legal limit. Not really strictly a judgement call, as sobriety tests (balance tests) are always given to help the officer judge a person’s capacity to operate a motor vehicle. Within those balance tests are simple mental acuity tests as well The 2nd part is strictly .08% or higher And the 3rd option would be if arrested in a State where the legal limit is below .08%. In that State they would charge at that State’s lower rate
  16. If the .02 reading is correct, one shot will not get you there. Just saying. We’ll eventually hear the story
  17. Other than the article posted, none of the locals news had cited any readings. I’d wait until confirmed
  18. My guess would be that because Sandy Hook is a National Park, they do not disseminate arrests to the local papers as the local and county police do. And I guess it came out now due to his court appearance scheduled in federal court in Newark
  19. It is not as the DUI occurred in a National Park making it a Federal law and not NJ State Law
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