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Nebraska WR Coach Cited for 3rd DWI
- Thread starter Buffnik
- Start date
Looks like they amended his BAC to .08 in order to drop it down to a misdemeanor. Somehow between his arrest and release he became only half as drunk at the time of the accident.
Edit:
Unreal.
****ing nubs
There are times when I try to forget about Nebraska but then I remember seeing all the tweets they sent to Bisharat about "throwing his career away," and "choosing the easy, non-competition route" when he committed to us.
A couple hours ago, Nebraska's fanbase got a scare when Adam Gorney suggested that Jamire Calvin wouldn't be visiting. I saw tweets directed at him questioning his character and asking why he'd "kick a man while he's already down," by backing out now that his potential future position coach got arrested on dui charges.
He posts this and they're all back to showing the great, there's-nothing-like-Nebraska love.
A couple hours ago, Nebraska's fanbase got a scare when Adam Gorney suggested that Jamire Calvin wouldn't be visiting. I saw tweets directed at him questioning his character and asking why he'd "kick a man while he's already down," by backing out now that his potential future position coach got arrested on dui charges.
He posts this and they're all back to showing the great, there's-nothing-like-Nebraska love.
**** Nebraska!
NBDefektor
Well-Known Member
Well, he blew a .15%, right? I know here in California, we also have a .08+ offense and an enhancement at .15%+ and then .20%+. The problem is when the measurement of the client is exactly a .15% (or a .20%). It's a problem for the prosecution because the machines measuring BAC have a margin of error of +/- .01%. That means when the prosecutor puts up his own crime lab expert to talk about what the bad guy blew, that expert will have to admit it just as well could be a .14% just as much as a .15 or .16%.
And there you have your reasonable doubt. So when it's right on the border, the prosecution errs on the side of caution.
...Again, at least here in California.
BUffsNation
Newest Tool
F*ck the DUI. What the hell is growing off the side of his head?
BUffsNation
Newest Tool
Sweet now we don't have to worry about expensive lawyers. That is probably what.
Sounds like Phil Ford at North Carolina, I believe he's had a few as well. They wouldn't drop the bac for the average joe, certainly not in my neck of the woods.
Just like clockwork.
Last edited:
Prosecutorial discretion...which in the land of the cornchubs means protecting the FB program at nearly any cost.
NBDefektor
Well-Known Member
I did. But I didn't understand how something is measurable, to those standards, can just be changed. .14 to .16 is not .08. So I'm not sure how it can just be changed.Jeez did no one read my post?
This is Nebraska we are talking about. Grand theft auto gets changed to loaning a stranger a car and rape gets changed to consentual if the the player is important enough to the team.
But I'm not talking about the cultural incentives. I'm talking about the actual legal component that makes this possible.
The way I read it is that the result of the test isn't actually changed. What's changed is the crime being prosecuted. If you blow .15, you're also technically blowing .08. The prosecutor isn't concerning himself with the remaining .07.
Buffenuf
massive tool
Why, there's plenty of examples of large, concrete Stalinesque architecture to visit, starting with the Stadium and moving on to several grain silos! And that campus! Who could be bored with that?
Simply put, blowing anywhere from .08 to .14 is the same level of DUI. Since there is a margin of error of .01, it can be argued that a .15 might actually be a .14, and therefore the same as a .08. This defense would not be available to somebody who blew a .16.
NBDefektor
Well-Known Member
Like sackman's said, it's only the charge that changed. Essentially, one charge is having a BAC of .08-.014, and the other charge is for a bac of over .15+.
I went back and read your post again. It was clear. I failed in my comprehension.
I was once pulled over for speeding. I was cooperative. The officer had some pity. The charge on the eventual ticket was failure to signal a lane change. That had a much lower impact on my insurance than a speeding ticket would have had. Since it is a plea deal - and a borderline felony case anyway, they just reduced the charge. I'm not even convinced he got special treatment.
However, I'm generally very opposed to this country's lax punishments for DUI. A third DUI to me should never be allowed to happen because you shouldn't be driving after your second. There was a recent case in CO (Boulder?) where a dude went without jail time after his sixth, yes SIXTH, DUI conviction. That's appalling to me and dangerous to everyone. I don't actually care about the jail time, but I don't want these people driving. Ever. They lost that privilege.
However, I'm generally very opposed to this country's lax punishments for DUI. A third DUI to me should never be allowed to happen because you shouldn't be driving after your second. There was a recent case in CO (Boulder?) where a dude went without jail time after his sixth, yes SIXTH, DUI conviction. That's appalling to me and dangerous to everyone. I don't actually care about the jail time, but I don't want these people driving. Ever. They lost that privilege.
The girl who killed the Google cyclist, too, was given leniency.
Mb2658
Well-Known Member
Cops arrest people based on probable cause. The prosecutors have the burden of proving the case beyond a reasonable doubt. Sometimes there is quite a bit of daylight between the two depending on the particular crime. Just because an officer has PC for an arrest, it doesn't mean that the facts of the crime will support a conviction at trial.
The prosecutor probably received the case and opted for the lesser charge because they felt that they could better prove it in court. It happens quite often that someone ends up being charged with a lesser included offense even though their case warrants the higher charge. If you factor in the Jury factor, in this case, it is very unlikely that a Lancaster County jury would convict a Huskers coach anyway. Jury selection would be a nightmare for the prosecutor.
Prosecutors don't like to try cases that they might lose and oddly some of them do their best to stay out of trials entirely. The chief prosecutor in Lancaster County is the County Attorney, who is directly elected so even if the prosecutor isn't a Husker booster, there would likely be pressure from above. I am sure that it will be pleaded down to something ridiculous.
Not to excuse any of this. I think that the guy should resign and enter treatment. It is inexcusable to be coaching young men when you have a complete lack of disregard for the safety of others and have a substance abuse problem.
The prosecutor probably received the case and opted for the lesser charge because they felt that they could better prove it in court. It happens quite often that someone ends up being charged with a lesser included offense even though their case warrants the higher charge. If you factor in the Jury factor, in this case, it is very unlikely that a Lancaster County jury would convict a Huskers coach anyway. Jury selection would be a nightmare for the prosecutor.
Prosecutors don't like to try cases that they might lose and oddly some of them do their best to stay out of trials entirely. The chief prosecutor in Lancaster County is the County Attorney, who is directly elected so even if the prosecutor isn't a Husker booster, there would likely be pressure from above. I am sure that it will be pleaded down to something ridiculous.
Not to excuse any of this. I think that the guy should resign and enter treatment. It is inexcusable to be coaching young men when you have a complete lack of disregard for the safety of others and have a substance abuse problem.
Or the officer knew the system and protected the program by intentionally putting it down as a .15 when maybe it was a .16 or .17 reading. After some of the reports that have come out with the way the police protect the football team in Waco, Knoxville and Tallahassee, I don't trust anything.
That's what she said?
I've never heard her say she blows .15 with you. It's usually around that .08 figure.