CO: It is time for my drunk ass to get back out on the road again!

WrongWay · 02-17-2005, 04:34 AM

I must admit I have been following the case of the drunk driving judge with some skepticism. Just how would our legal system roll over and play dead for one of their own. The case went all the way to the CO Supreme court before they rolled and once again made it safe for the drunk drivers of Colorado to hit the road again.

Setup:
The Judged is pulled over for speeding. The officer smells alcohol on the Judges breath. the judge then fails the pupil test with the flashlight in the eye routine. The officer then asks the judge if he has been drinking. The judge say "Yes, I have". The officer then asks the judge to take a breath test. The judges refuses to take anymore tests.

When I first read about this CO judge I knew the case was open and shut. I had always been told... Refussal to take a breath test is an automatic 1 yr suspension......That was untill the judge came along.

Probable Cause:
That was the arguement the judge claimed the police had no Probable Cause to search him. And, it went all the way to the State Supreme court which finally ruled the that since their was only circumstancial evidence, the smell, the look, and the admission of guilt, but, no physical evidence, an open container, that the police had no right to make the judge submit to a breath test.

Conclusion:
It is now safe to Drink then Drive in Colorado once again. You can get rip roaring drunk and then drive home; as long as you leave your emptys at the bar/party.

Time to blow the dust off my cars's Auto Pilot button!

On the road again, I just can't wait to get on the road again......

wade moore · 02-17-2005, 05:58 AM

Wow.. this is incredibly scary... Hasn't it always been accepted that the 'tests' are probable cause? How can anyone state that the there was no probable cause?!

albionmoonlight · 02-17-2005, 06:06 AM

If you had a cite to a case (or even an approximate date that it came out), I would appreciate it. Thanks.

WrongWay · 02-17-2005, 06:14 AM

Well I can tell you that I got my info from the front page of Wednesdays Denver Post if that helps.

Oops, I forgot to mention that this would of been his 2nd DUI if convicted. He recieved his 1st DUI in 2001.

albionmoonlight · 02-17-2005, 06:43 AM

'tis enough, 'twill serve.

Thanks.

bbor · 02-17-2005, 09:56 AM

And he's still on the bench?

Leonidas · 02-17-2005, 10:14 AM

Quote:

Originally Posted by bbor

And he's still on the bench?

Actually that's him on the floor laying next to the bench. He fell off a couple hours ago.

JeeberD · 02-17-2005, 10:23 AM

Excellent news for the next time I visit my parents in Denver!

EagleFan · 02-17-2005, 11:21 AM

Admission of guilt is considered circumstantial evidence? So I could go rob every bank in town and as long as I covered my tracks, and left no evidence behind that could be used against me, then I could walk right into the police station, tell them that I was the one and they couldn't do a thing to me?

Who wants to test this scenario out for me? ... Anyone?

bbor · 02-17-2005, 11:23 AM

Quote:

Originally Posted by Leonidas

Actually that's him on the floor laying next to the bench. He fell off a couple hours ago.

sabotai · 02-17-2005, 02:47 PM

Note to self, do not drive in Colorado.

Buzzbee · 02-17-2005, 02:58 PM

Quote:

Originally Posted by albionmoonlight

'tis enough, 'twill swerve.

Thanks.

Fixed.

02-17-2005, 06:14 AM	#4
WrongWay Banned Join Date: Jan 2005	Well I can tell you that I got my info from the front page of Wednesdays Denver Post if that helps. Oops, I forgot to mention that this would of been his 2nd DUI if convicted. He recieved his 1st DUI in 2001. Last edited by WrongWay : 02-17-2005 at 07:08 AM.

02-17-2005, 09:56 AM	#6
bbor Pro Starter Join Date: May 2001 Location: toronto	And he's still on the bench? __________________ Pumpy Tudors Now that I've cracked and made that admission, I wonder if I'm only a couple of steps away from wanting to tongue-kiss Jaromir Jagr and give Bobby Clarke a blowjob.

02-17-2005, 10:23 AM	#8
JeeberD General Manager Join Date: Nov 2002 Location: The Town of Flower Mound	Excellent news for the next time I visit my parents in Denver! __________________ UTEP Miners!!! I solemnly swear to never cheer for TO

02-17-2005, 06:06 AM	#3
albionmoonlight Head Coach Join Date: Oct 2000 Location: North Carolina	If you had a cite to a case (or even an approximate date that it came out), I would appreciate it. Thanks.

02-17-2005, 06:43 AM	#5
albionmoonlight Head Coach Join Date: Oct 2000 Location: North Carolina	'tis enough, 'twill serve. Thanks.

02-17-2005, 11:21 AM	#9
EagleFan Hall Of Famer Join Date: Nov 2000 Location: Mays Landing, NJ USA	Admission of guilt is considered circumstantial evidence? So I could go rob every bank in town and as long as I covered my tracks, and left no evidence behind that could be used against me, then I could walk right into the police station, tell them that I was the one and they couldn't do a thing to me? Who wants to test this scenario out for me? ... Anyone?

02-17-2005, 02:47 PM	#11
sabotai General Manager Join Date: Oct 2000 Location: The Satellite of Love	Note to self, do not drive in Colorado.

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