Off-Topic UF Transfer QB DUI Arrest at Ohio State

[JayCane20]

I’m sure the same can be said for Columbus, Gainesville, Tallahassee, etc but from personal experience and from people I know… in Knoxville, Auburn, Athens, South Bend and more they tell you in an introductory meeting the first week on campus… if you’re pulled over, arrested, or questioned, tell them you’re a football player and you’re far more likely to skate. Handshake deals in those places with local police departments to let them go. He tried that lol

 

[MadCane19]

Funny how they always smell a oder coming from the car. this ****ed me off when it happened to me because I don't smoke or drink so I know he didn't smell anything and was just doing whatever he could to get me to that next step in case I had been drinking.

 

[Cajuncane]

I’d of hated to been coming down that one way street while this was going on cause it must have been backed up for blocks..

 

[Andrew]

Just watched the video. The officer did not have enough evidence for a DUI arrest until MIller agreed to do take the field sobriety tests. These are very subjective tests, especially the HGN test (1st test which is off camera and measures eye pursuit).
He did well on the heel to Toe, stumbled once on the one leg stand, but then really screwed up on E to Y (he ended that with T, U, Y).
Had Miller not taken the field sobriety it is unlikely that there was enough evidence for a DUI arrest.

Moral of this story is never, ever take the field sobriety tests in a DUI investigation. they are 100% VOLUNTARY.
On the other hand, if you refuse the Breathalyzer your license will automatically be suspended for a year even if you beat the DUI case in court.
And call Uber.

Funniest part of the video is when Miller casually slips in “I‘m a Ohio State football player”. Unfortunately for Jack he was dealing with a state trooper, likely on DUI patrol, and not Columbus PD.

Wait, so if you refuse a voluntary test you lose your license for a year? How is that legal?

 

[AtlAtty]

Wait, so if you refuse a voluntary test you lose your license for a year? How is that legal?

Its ridiculous, but every state has made it mandatory to take a breathalyzer. And it has been litigated in every state with the most clever argument being that a breathalyzer is effectively giving evidence against yourself, which the accused has the right not to do in every criminal context, except this. But the appellate courts have always ruled in favor of the State and said that there is no penalty in the criminal court for refusing to take a breathalyzer; indeed a jury can not be informed that an accused refused to take a breathalyzer. BUT there is a civil penalty which is the 12 month license suspension.

 

[Zbrod95]

Just watched the video. The officer did not have enough evidence for a DUI arrest until MIller agreed to do take the field sobriety tests. These are very subjective tests, especially the HGN test (1st test which is off camera and measures eye pursuit).
He did well on the heel to Toe, stumbled once on the one leg stand, but then really screwed up on E to Y (he ended that with T, U, Y).
Had Miller not taken the field sobriety it is unlikely that there was enough evidence for a DUI arrest.

Moral of this story is never, ever take the field sobriety tests in a DUI investigation. they are 100% VOLUNTARY.
On the other hand, if you refuse the Breathalyzer your license will automatically be suspended for a year even if you beat the DUI case in court.
And call Uber.

Funniest part of the video is when Miller casually slips in “I‘m a Ohio State football player”. Unfortunately for Jack he was dealing with a state trooper, likely on DUI patrol, and not Columbus PD.

And they will do a blood draw in OH just like FL I believe if they still book you.

 

[Zbrod95]

Wait, so if you refuse a voluntary test you lose your license for a year? How is that legal?

If I’m not mistaken I think it has to do with the percentage of the officer being wrong. They’ll still do a blood draw if you’re booked in FL so that would be the definite evidence.

Just from the firefighter side of it, I know when somebody is impaired or not. Even without a breathalyzer or any other sobriety test.

 

[AtlAtty]

In Georgia if you beat the DUI or get the charge reduced to something other than a DUI the one year suspension is terminated. 40-5-67.1(g)(4). Also you can get the suspension dropped if you appear at an ALS hearing and the officer fails to appear which often happens except for Trooper cases. The last resort is to agree to a joint withdrawal at the ALS hearing and get the DA to agree to a reduction or dismissal.

You clearly are defending DUI cases. Spot on. But those **** troopers aways show up.

 

[Reyrey]

Wait, so if you refuse a voluntary test you lose your license for a year? How is that legal?

Because dui is against the law and dui is a violation of DMV code. Your license/privilege to drive is separate from criminal court. So you can get suspended from the dmv and motor vehicle code. Then if you get convicted it would get suspended from criminal charge.

 

[We the Boss]

Carlos Dunlop still holds the gator record for most LOL worthy DUI sleeping at a red light

 

[KANE]

If he refused the field test he probably would’ve been arrested though, right? So we’re talking about beating it after the arrest?

Yeah. The real moral of this story is not to drive drunk. If you’ve had a few, hit up Uber.

 

[RVACane]

Yeah. The real moral of this story is not to drive drunk. If you’ve had a few, hit up Uber.

Best advice

 

[CaneSince4Ever]

Yes but it is still less evidence against him in court. The driving was not bad on the video and he could blame the odor on the passengers.

Nahhhh, Jack was all in the bike lane LOL...but to be fair, that was a narrow @ss lane.

And it has been litigated in every state with the most clever argument being that a breathalyzer is effectively giving evidence against yourself, which the accused has the right not to do in every criminal context, except this.

Kind of like you refusing a search, but they call the K9 anyway, even though K9's have been proven to be unreliable. IDGAD what the crooked courts say, K9 searches are illegal if the driver doesn't consent to a search, period.

 

[CaneSince4Ever]

The arresting officer pulled a lot of veteran moves there. Cited to erratic driving and the ever-present "strange odor", immediately called him by his first name to create a friendly and casual tone, repositioned the vehicle (and dashcam) to get a better view of the field sobriety test, brought him back to the cruiser for the alphabet and counting tests, and perfectly played the "don't worry, everything is good" card throughout the encounter....

But my personal favorite was when he had "Jack" take a couple steps to his left before beginning the walking/balance tests. The officer was intelligently protecting the results of his upcoming sobriety test by making certain Jack wasn't starting on the sloped portion of the sidewalk. Veteran move.

Yeah, that's why outside of the cop requesting your license, vehicle info, and current address, your answers to his/her extracurricular questions should either be "I don't answer questions", or, "I don't consent to searches".

 

[AtlAtty]

Nahhhh, Jack was all in the bike lane LOL...but to be fair, that was a narrow @ss lane.



Kind of like you refusing a search, but they call the K9 anyway, even though K9's have been proven to be unreliable. IDGAD what the crooked courts say, K9 searches are illegal if the driver doesn't consent to a search, period.

I agree. The best that courts have done is put a non-specific time limit on how long a cop can hold a motorist after the conclusion of the traffic stop for the K9 to arrive. But some courts says 20 minutes isn’t too long.
And what many cops are doing these days as a result of the time limit issue is keep a K9 ready and in most towns 20 minutes is more than enough.

I hate the K9 because no one can convince me that the K9 is actually alerting and is not prompted by the handler. And no department keeps track of how often the K9 is wrong and no contraband is found. And you can’t cross-examine a K9 so its basically gospel. Its bad law.

 

[Bender]

Here’s some film on the new gaytor portal transfer QB from Ohio State, Jack Miller. Maybe @flagator86 or @AtlAtty can break it down for us.

Moron.