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Posted
5 hours ago, SizzleChest said:

There's no way to prove that without field sobriety testing.  

Unless they have body cam footage of him asleep or slumped over the wheel, it's getting dismissed.

Did he refuse field sobriety testing? Did officers get a warrant for his blood? 

Posted (edited)
5 hours ago, I Plead Da Fif said:

I have a similar reaction to many here between this and the football forum.
 

If he were speeding, but they didn’t detect alcohol, they must have detected weed scent in the car for having probable cause to search, right? You would think with a pen he’d know to have some windows open as a pen doesn’t smell anywhere near as bad as sparked flower. Just dumb in many ways.

Would he had to have failed a field sobriety test for them to take him in for DWI with a pen on him vs just charging with possession? Or is the speeding and having it on his possession enough for DWI? If he failed a field sobriety test, charge seems legitimate regardless of substance of cause. 

I’m guessing there were driving facts other than speeding. In fact, I haven’t seen the “speeding” allegation other than on this board, but you definitely need more than speeding and THC for DWI. You’d want a blood draw, driving facts that suggest impairment and failed SFSTs. I don’t know how much of that was present. There will be dash camera footage for driving facts and body camera of the standardized field sobriety tests (SFSTs).
 

Either way, I expect him to get a good lawyer and end up pleading it down to an obstruction of the roadway or some sort of pre-trial intervention. 

Edited by Chili dog

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