I don't often agree with lawyers but what's the point in having a legal limit? If you want to make it 0.0 okay but that's not what the law says now.
Russ Smith arrested for DUI despite being below legal limit
- Thread starter Glenn's Take
- Start date
If you're recklessly driving while having some alcohol in your system, even if below the legal limit, that's grounds for a DUI.
-yep. Illegal u-turn on expired tags didn't help either.
-im absolutely not "pro-cop", they're people... some are good some are bad. But you can't do stupid **** and expect not to get pinched.
-im absolutely not "pro-cop", they're people... some are good some are bad. But you can't do stupid **** and expect not to get pinched.
No...that's reckless driving which is a separate and completely different charge. DUI is driving while over the legal limit. Cops do have the option to take you in if you are close to the limit though (I can't remember what the actual amount is) because your level could be rising or it could be falling and they want to be able to test you again to see.
Death penalty should be on the table for this one.
He should have used the excuse "Well Officer, I was going to go straight, but I saw the sign said NO, U Turn, so I turned."
Did the cop ask him how he liked his bourbon or did Russ volunteer that he drinks it neat?
If he was wobbly after getting out of the car, that's a problem. Expired tags and driving recklessly does not help his cause. All that being said, glad no one was hurt.
If he was wobbly after getting out of the car, that's a problem. Expired tags and driving recklessly does not help his cause. All that being said, glad no one was hurt.
You would be shocked at how many people blowing 0 are arrested. Hunch>Science.
Seems like you are wrong. https://baldanilaw.com/50-kentucky-dui-facts-tips/
Can I Be Charged with a DUI If I was Under the Legal Limit?
Yes. In Kentucky, it is against the law to drive with a blood alcohol concentration (BAC) of .08% or higher. This is often referred to as the “legal limit.” But even if your BAC is below .08%, you may still be charged with a DUI in one of three ways...
...Third, if your BAC was greater than .04% and lower than .08%, you can be charged with a DUI if your ability to drive was impaired.
My post literally said the police officer had the discretion based on his alcohol levels being within the range. My point was more importantly that the reckless driving is a separate charge and to call this DUI arrest because of driving recklessly is incorrect. If it was a situation of reckless driving, he would have been charged with that as well but he wasn't. An illegal U-Turn by itself isn't usually considered reckless driving. Maybe I could have and should have phrased it better but your post essentially says what I said. You just added the window for the police to use their discretion.
Below limit DUIs are becoming a thing. Tennessee is having an issue with people blowing zeros getting DUIs.
Seems like a revenue-generating extortion scheme to me, but I am skeptical of the true intentions of state sanctioned law enforcement.
Seems like a revenue-generating extortion scheme to me, but I am skeptical of the true intentions of state sanctioned law enforcement.
I specifically said that in my post the police have that discretion but that doesn't mean it was reckless driving. A illegal U-Turn generally isn't considered nor charged as reckless driving. Reckless driving is a separate charge to DUI and is charged as such even when a DUI charge is present as well.
There is one case where guy blows zero and the cops then say he was smoking weed. That comes back negative too. All chemistry clean. Still being prosecuted because cops with IQ's of 90 couldn't be wrong. Prosecutors are a joke.
These officers were probably just tying to screw with Russ or make some sort of quota. Nearly impossible that Russ was impaired and driving recklessly.
Why would Russ admit to drinking at all? Shut the F up Friday.
Be respectful to the cops, but do not discuss your day.
Be respectful to the cops, but do not discuss your day.
There have been payouts and apologies issued. Believe one of the officers had to resign.
I’m glad to hear the wrong was righted, but also hope no civilian lost a job or suffered reputational harm over a false arrest.
I live in southern KY near the line and I’ve noticed this topic is covered by Nashville news outlets.
Don't you know how to use a search engine?
Hey Karen here is a video of one of your heroes.
I will get the full eleven minute one.
This karen, that i'm replying to would be fine with the policemen getting promoted. And would be okay with the fact that they gave him a raise, because he is a karen.
He and some of his pals in political thread think cops do no wrong. They were actually showing videos of policemen, stopping and picking up teddy bears and giving it likes and acting like that's the normal police officer. I'm a conservative, and I understand what the police are trying to do.
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