To those trashing the Boss for his DUI he blew a .02

[DemocratSinceBirth]

Link to tweet

That's 1/4 the legal limit. I need to know a lot more before I render judgment.

[AmyStrange]

1. You can actually get a higher reading just from gargling with Listerine.

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As an aside, an old friend of mine used to get away with DUIs by telling the judge he was asthmatic and one the ingredients in his inhaler was alcohol.
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[RockRaven]

2. I vaguely recall that the BAC reading is not the only criteria, that the subjective judgement of

impairment by the officer can also be used as a criteria... But maybe that varies by jurisdiction.

Even if so, now you're talking taking a DWI all the way to a jury trial and does the jury believe the officer's testimony, beyond a reasonable doubt, in spite of the BAC reading, etc etc

[DemocratSinceBirth]

3. I understand that

I understand that but I find it hard to believe someone can exhibit the symptoms of intoxication with a BAC of .02.

[mr_lebowski]

4. Esp. not The Boss, man, c'mon.

He's The Boss.

He can handle his Budweiser's.

Cop's probably a wingnut who doesn't like his liberal stances, smelled a little beer on his breath, and trumped up some charges on him.

[herding cats]

19. Other health conditions can cause symptoms which mirror alcohol intoxication.

Also, other substances.

For what little it's worth, my dad was singled out many times due to an unstable gait due to a medical condition and a mild lisp, which were both beyond his control. He was perfectly safe to drive. He was pulled aside by police, in my presence once while leaving a restaurant, where he'd not drank at all. If not for me having our ticket (no drinks) and saying I'd bring out the management to attest to his not having drank for the past two hours, they were sure he was drunk. At the time they were actively putting him through a sobriety test before I assisted him.

I'm not passing any judgement here one way or the other. I'm a solid wait and see.

[Demsrule86]

14. Subjective is bullshit and allows cops to arrest anyone they choose.

[RockRaven]

29. It is certainly easily abusable. In this case, because he's him, he probably has the upper hand

compared to the cop, especially given the BAC on record. For us random peons, not so much...

[Demsrule86]

38. Maybe, could have been a Trumper cop.

[sfstaxprep]

5. Can Someone Explain How He Can Be Charged, If He Was Below The Legal Limit? nt

[AmyStrange]

6. It's not illegal to walk funny... or is it?

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Unless he was driving erratic, and then it would make much more sense to charge him with reckless endangerment or some such shit.

Trying to get a DUI charge upheld with a BAC of .02 would be tougher.

I don't see how they could do it.


WARNING: DO NOT FOLLOW THIS ADVICE:

Always carry a cane with you. If a cop ask you to get out of the car and walk a straight line, wobble around on the cane like an idiot. "Sorry, officer, I'm having a problem with an old football injury."

Remember: Even if you're disabled (up to a certain point), you can still drive a car.
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[DemocratSinceBirth]

7. No way does the DUI stick if he really blew a .02

That's one beer.

[AmyStrange]

9. It's also a quick gargle of Listerine or some Cough syrup...

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I can't see it either.
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[A HERETIC I AM]

33. In Florida they used to have "DUBAL", which stood for....

“Driving with an Unlawful Blood Alcohol Level” which they could charge you with if you blew under the limit (which was .10 back then) but they (the arresting officer) still wanted to pop you.

It may still be on the books, I don’t know and I’m not going to bother looking it up, but it wouldn’t surprise me if similar ordinances existed all over the place.

So even a single sip or two of beer could technically put you in DUBAL territory.

[Hoyt]

8. Apparently, he was also charged with reckless driving. That could be issue.

Also, had an open container. Hopefully, justice will prevail.

But, yeah, .02 is low unless he was taking other medication, tired, needed a nap (like us old guys do at times), etc.

[Klaralven]

10. Also charged with consuming alcohol in a closed area

On Nov. 14, 2020, Springsteen was cited for DWI, reckless driving and consuming alcohol in a closed area at Sandy Hook, in the Gateway National Recreation Area at the northeast tip of Monmouth County.

https://www.nj.com/entertainment/2021/02/bruce-springsteen-busted-for-dwi-at-jersey-shore-report-says.html

[AmyStrange]

12. "consuming alcohol in a closed area"

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Closed area?

What does that mean? I can't find any references to the actual definition.

Sorry.
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[Mendocino]

24. National park units

generally restrict most alcohol use.

[AmyStrange]

27. Lawyers?! Why can't they just talk like normal people?

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My lawyer hates 'em all...





...except he doesn't hate my other lawyer (who's still trying to pretend like she had NOTHING to do with that cat filter fiasco yesterday)...





and that's because she can kick his ass in court.
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[Mendocino]

36. Why don't sharks eat lawyers?

....professional courtesy.

:chuckle

[AmyStrange]

37. heh heh heh

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That's an oldie, but STILL a goodie.
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[Mendocino]

39. My brother is a lawyer,

but I still manage to put up with him.

[Demsrule86]

15. He was in a closed state park from what I heard.

[Hoyt]

18. I can see Springsteen failing to heed a "closed" sign or driving around gate.

[Demsrule86]

40. Me too.

[jcgoldie]

46. Hey what else can we do now?

Except roll down the window and let the wind blow back your hair
Well the night's busting open
These two lanes will take us anywhere
We got one last chance to make it real
To trade in these wings on some wheels
Climb in back, heaven's waiting down on the tracks
Oh-oh come take my hand
We're riding out tonight to case the promised land
Oh-oh Thunder Road oh Thunder Road oh Thunder Road...

[former9thward]

11. Who is the "source"?

[getagrip_already]

13. dui isn't only related to alcohol....

You could also be impaired by drugs, or even medical conditions. If you fail a "sobriety" field test, they can arrest you if they believe you are impaired, without knowing why.

The breath tests are just one standard.

[Demsrule86]

17. That allows cops to arrest inncent people...if you get stopped and the cop is hassling you insist on

a blood test.

[DemocratSinceBirth]

22. Maybe it was the same park from the Pine Barrens episode of the Sopranos?

[Hassin Bin Sober]

25. He killed 16 Czechoslovakians. Guy was an interior decorator.

[DemocratSinceBirth]

28. Paulie said "Interior decorator? His apartment looked like s--t."

That was one of my favorite episodes.

[KentuckyWoman]

16. Impaired is impaired.

Whether or not he was impaired remains to be seen.

If you get behind the wheel, you have a responsibility to make sure you can control it. Period.

It is legal for me to drive at night. I don't if it is dark and rainy. I am 78. I have never had any tickets or fender benders. But I know me. My vision is not great at night. If I can't stop or or redirect in time to avoid causing injury to someone with this death machine, then I should not be driving. Even if their fault.

People drive too tired, on pain meds, distracted... We know if we are 100% or not regardless of law.

Flame away but I am hard on this point.

[Hoyt]

21. I agree. It is tough to see at night and all the lights can be distracting.

Had hoped cataract surgery would help, but it really didn’t.

[AmyStrange]

31. ...and then you've got the idiots who won't lower their brights...

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even when you flash them yours.

Bastaaaaaaards!!
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[Hoyt]

32. Exactly. Often, the ones who come up from behind can be worse.

[AmyStrange]

35. Yup. Sometimes it's not worth driving at night.

[Turin_C3PO]

45. I find it hard to believe he was truly impaired.

We’d have to build more jails if we arrest everyone who has one beer and then drives, which is what a 0.02 is. This cop was being an asshole.

[dware]

47. A lot of states now have a law on the books called buzzed driving,

a person may be below the legal limit for drunk driving but have enough alcohol in their system to be charged with being under the influence.

Maybe that's what happened to the Boss.

[the_sly_pig]

20. DWI or DUI / either way I don't really care, but....

first is the field sobriety test where it's determined whether or not someone is intoxicated using the field breathalyzer and coordination tests. If the officer determines there is probable cause, the subject is driven back to the HOJ for a more sophisticated breath analyzing machine. THEN if the conduct is still goofy, an ambulance crew may be needed for a blood draw after a warrant is signed by a judge (MN).

So the upshot is, that if someone is charged with DWI/DUI it might not be for alcohol. Just saying.

[Blue_true]

23. They likely saw him make a traffic move that isn't allowed, stopped him

and got him on an open container violation.

[ChoppinBroccoli]

26. DUI Defense Attorney Here

Here are some of the basics of DUI law. Although the laws vary from State to State, most are pretty similar. When you get charged with DUI (or DWI, or OMVI, or whatever--all different names for the same thing), you actually get charged with TWO counts. The first count says that you drove a vehicle with a prohibited concentration of alcohol in your blood, breath, or urine (also known as the "per se" section). The second count (also known as the "impaired" section) says that regardless of your BAC (blood alcohol content), you were too impaired to drive.

The reason why they do this is in case you refuse to take a BAC test (you can't be found guilty of having a prohibited concentration of alcohol if there is no test to enter into evidence), or in case you test below the limit, they can still get a DUI conviction by arguing that you were still too impaired to be driving. Technically, you can be convicted of a DUI with a .01 BAC if you demonstrate that you were too impaired to drive. That's because of the "impaired" section.

In order to demonstrate impairment, they would need to introduce evidence of bad driving, failed field sobriety tests, odor of alcohol, and/or other physical signs of impairment (bloodshot eyes, slurred speech, etc.) All of these other "indicia of impairment" are highly subjective, based on highly questionable science, and can be shot down in court by a savvy defense attorney (which you know Bruce will have).

Without knowing anything more about the case than I do, I would guess that if anything happens to Bruce at all, it will be him pleading to a significantly reduced offense and that will be about it.

[AmyStrange]

34. Can I ask your advice about something?

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Nah, I'm just kidding.

I'm sure you get that a lot when people find out you're a lawyer.
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[ChoppinBroccoli]

41. I Do Get That A Lot..........

..........and I'm actually one of the few who are not annoyed by it. If it's people looking to save a few bucks and get some free legal advice, yeah, it can be annoying, but if it's a friend or family member who has questions, I'm always happy to give them the benefit of my knowledge.

[AmyStrange]

42. My lawyer likes your attitude...

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He doesn't look it, but he's smiling right now...



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[Klaralven]

44. Trump should have hired your lawyer

[AmyStrange]

49. He tried...

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but he didn't like my lawyer's advice to plead insanity.
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[Klaralven]

52. LOL!

[DemocratSinceBirth]

43. He was on federal land. The open container presents the most exposure.

[Bucky]

30. Was he driving recklessly, or just trying to get back to his wife & kids in Baltimore,

Jack?

[dware]

48. LOL.

I see what you did there.

[cwydro]

50. Who is trashing him?

[fishwax]

51. according to the NY Post, a cop saw him take a shot of tequila and then drive off

Don't know if it's accurate, but here's the long story short form the Post: he was out on Sandy Hook when some fans recognized him and gathered for pictures. One offered him a shot of tequila, which he took. Then he rode off and was arrested immediately following that.

https://nypost.com/2021/02/11/bruce-springsteen-busted-after-one-shot-of-tequila/