typically most states allow you to refuse an on site breathlyzer. The catch is you can still be arrested for suspicion and taken back to the station where you have no choice but to take a blood or breathalyzer test. blood test are more accurate and the delay of a few hours from the field to getting the test especially if you request a lawyer present first can get your BAC down. in ruggs case it doesn't matter but if you are on the edge of the level you can legally delay it enough so by the time you take the test you are under
We may be talking about two different things: on-scene breath tests and tests at headquarters. Let's just be careful to let people know that we aren't giving legal advice. None of us is an expert in this area, and the law varies from state to state. We're just shooting the shit about the Ruggs case.
lol yeah i'm far from a lawyer and one should be consulted for actual legal advise. i was just saying in ruggs condition he could definitely refuse a sobriety test. TBH i'm surprised the cop even asked. the 1st priority is medical even to the alleged attacker. he should have been transported to a hospital and had the blood taken there for a DUI but realistically there is no way after that kind of an accident he was in the right frame of mind to agree to anything
Apparently in Nevada there are two different kinds of breath tests. The preliminary breath test taken at the scene is only designed to give the police officer a sense of whether someone is drunk or not; it cannot be used as evidence against the driver in court. If a driver takes it and fails, the result can be used as evidence that the police had reasonable grounds to stop them, but not in any other way. Refusing to take that test results immediate confiscation of your license, and arrest for DUI, and the fact that the driver refused to take the test can be used as evidence against them in court. The evidentiary breath test is the one with results that can be used in court, and is taken under strict conditions. If a driver takes it and fails, that number can be used as evidence of drunk driving against them. Refusing to take that test results in automatic one-year revocation of the license (even if ultimately the DUI charge is dropped or the driver wins in court), and the fact that the driver refused to take the test can be used against them in court. At that point the police need to get a warrant for a blood test, and once they do so, they can use "reasonable force" to draw the blood. Drivers have to pay the cost of the blood draw if a working Breathalyzer was available and they are ultimately convicted of DUI. https://www.shouselaw.com/nv/dui/laws/breath-test/
The only good thing I can say about this incident is he didn't leave the scene. This is such a stupid tragedy and unfortunately, this happens too often. Over the years, I have pissed off a lot of friends by not allowing them to drive home. I even lost a girlfriend once because of this. But having worked in a hospital at a very young age and seeing the gruesome nature of automobile and motorcycle accidents, I like to think I might have saved some lives or limbs.
The wise move on his part would be to accept a plea that gives him a real shot at getting out by the time he is 30. It's really easy for him to do 12-14 years at this point including time off for good behavior and to reduce jail over-crowding, etc.
If I were a judge, I'd be inclined to give most people a deal like that. Ruggs is not one of them. I wouldn't give him the opportunity to get out of prison until he's at least 40.
Not sure if it was worth starting a new thread about this, but the Raiders have also cut Arnette, their other 2020 1st rounder.
You buried the lead! They cut him because he posted videos where he is carrying what looks like a (semi-)automatic weapon, threatening to kill people. https://www.espn.com/nfl/story/_/id...st-round-cb-damon-arnette-video-death-threats The 2020 Raiders draft has to go down as one of the worst in history: Hard to see Mike Mayock surviving this.
I understand the logic of this. But usually people who drink and drive are way to stupid to know how to do this. Even if the clever ones do this, they are still just as scummy as the dumb ones and shouldn't ever drive. Guys, if you are ever on the edge, please do not be selfish and drive. It's like being sick and going out carelessly.
Bowden also had pretty big character concerns coming out. He was able to stay out of any trouble but he comes from one of the worst areas in the country in Ohio and supposedly had a lot of gang ties including being at the scene of the raid on a stash house that belonged to his grandmother. I followed the kid and was rooting for him because he’s still stayed clean while being a star at Kentucky. But there was a lot swirling around him during the draft evaluation because of his inability to keep himself away from old friends. What a disaster the Raiders drafts have turned into despite all those picks.
I didn’t know his baby momma was with him and it explains a lot. We all know women are the root of all evil. The night probably went like this: Him - I feel kinda tipsy, I’m going to call an Uber Her - Don’t be a pussy, you said the car could hit 200 MPH…. Be a man and prove it
Meh. It’s not like he couldn’t find a drink and a place to get the vette up to 150 anywhere . Maybe a name or 2 changes if it’s another city but that’s about it. Unpopular opinion, I hope he doesn’t get a huge prison sentence and gets back in to the league , I think that’s the only way the victim’s family can see any restitution from this tragedy.
Sorry for the faux pas of quoting myself, but like I said, Mayock didn't survive this, despite the Raiders making the playoffs. He was always just the beard for Gruden, so once Chucky was forced out he had no chance of staying anyway. The amazingly bad way his 2020 draft turned out was just icing on the cake.
