www.news4jax.com/news/Gainesville-Mayor-arrested-for-DUI/-/475880/19407838/-/4674sh/-/index.html
Ouch!
"A field sobriety test was performed, and although he tested under the limit, the arresting officer concluded he was impaired at the time of the crash." I bet the Mayor's Lawyer is going to like this part?
LOL, the FB comments are saying that he looks like Al Bundy. If he keeps making decisions like this, he will be selling women's shoes soon.
So a person that was in a crash while not legally under the influence was arrested for DUI? Sounds questionable.
Quote from: PeeJayEss on March 21, 2013, 01:24:03 PM
So a person that was in a crash while not legally under the influence was arrested for DUI? Sounds questionable.
That is the tricky part. Ive had a DUI before and know some people who have had one and blew under the limit... ( I blew over LOL) They still take your ass to jail, even if you are under the limit. If you blow 0.7 or 1.5, you are going to jail unless your officer is in a good mood. However, they usually are able to get it reduced to wreckless driving and their license wont get suspended, but they have to take the DUI classes.
In a nutshell, there's a neutral statutory presumption between .05 and .08, under .05 it's presumed you aren't impaired, over .08 it's presumed you are impaired, and the middle is neutral. The police have the discretion to arrest under .08, but in the real world it'll wind up being nolle pros'd or end in an acquittal, unless the videotape is horrible.
Here's a link to a much more detailed article.
http://www.gainesville.com/article/20130321/ARTICLES/130329900/1002/news01?p=1&tc=pg (http://www.gainesville.com/article/20130321/ARTICLES/130329900/1002/news01?p=1&tc=pg)
The article mentions Lowe's runoff opponent, Ed Braddy, also had a DUI in 2006 while on the City Commission.
So maybe it's not game over.