Dennard arrested for DUI

[FirstAndGoal]

Drunk driving is no worse than...
Shooting a gun randomly in a neighborhood.

If you don't hit anyone, it's no big deal right?

I'm not innocent for doing when younger it but I'm not dumb enough to try and justify it because I didn't kill anyone.

 

[Rob0729]

Do you know how many deaths in the United States are from DWI related offenses? Over 16,000 people yearly are killed in DWI related offenses.

Second we are a medicated society and I say about 90% of the people I had arrested for DWI were also taking prescription medications. So now you mix alcohol with prescription medications it enhances the affects of alcohol.



Go to www.rx.com and read the warning signs when mixed with alcohol.

There is a difference between drinking and driving and driving intoxicated. Most people who drink occasionally drink and drive. Some frequently. That doesn't mean they are driving while intoxicated.

Driving while intoxicated is stupid, dangerous, and an underrated crime. My point is just because Dennard was drinking doesn't mean he was legally drunk. The threshold for legally intoxicated is low and should be to avoid having people driving impaired. Depending on different factors (weight for example), a person can be legally drunk with two beers in an hour.

The low threshold means that some people will drive without knowing their blood alcohol level is above the legal limit.not because they are too drunk, but because they are in that small margin between being legally drunk and not.

Personally, I have rule of no more than one beer an hour with an absolute limit of three (and usually if I drink three beers it is over four hours or more) if I am driving. But I have taken a breathalyzer(granted a consumer version and not a law endorsement one) and had reading of being legally intoxicated while feeling stone cold sober.

I can see how people can be slightly over the legal limit and not realize it and get behind the wheel. No saying it is right, but I think it is different than someone getting behind the wheel when they are clearly intoxicated.

 

[Rob0729]

As Florio points out on PFT in the latest post, the conditions of Dennard's probation very well may have restricted him from any alcohol consumption whatsoever, so that may point to some bad times ahead just in that regard alone.

The probation violation hearing is on July 31st, so we'll have to wait until then to find out what direction things are heading in.

In the meantime, we'll have to hope that Talib/Dowling are ready to hold things down; and possibly even Logan Ryan too.

I don't know. I still doubt the judge will go too hard on him. I think he could get something like a doubled sentence which is currently 30 days. If he was on probation for a worse crime or he was arrested this time for a more serious crime,the I would be more worried.

I think it will be more likely that the judge makes Dennard get mandatory alcohol dependency treatment (which he can usually do in his off time) than give him significant jail time. I could be wrong, but the judge has a lot of leeway in what he/she can do and most judges don't go overboard with the first parole violation when the original crime wasn't too major.

 

[PatsFanInVa]

Someone who hurts or kills someone by driving drunk should get in trouble.

What if it's drunken self-defense?

 

[Brady6]

I don't know. I still doubt the judge will go too hard on him. I think he could get something like a doubled sentence which is currently 30 days. If he was on probation for a worse crime or he was arrested this time for a more serious crime,the I would be more worried.

I think it will be more likely that the judge makes Dennard get mandatory alcohol dependency treatment (which he can usually do in his off time) than give him significant jail time. I could be wrong, but the judge has a lot of leeway in what he/she can do and most judges don't go overboard with the first parole violation when the original crime wasn't too major.

They cannot double his sentence it is not a suspended sentence. Any additional time would have to come from a conviction on either the DUI or the probation violation charge.

 

[Brady6]

You'd probably be right that he should indeed stay out of Lincoln, whether this is his fault or not. Not much good will come from hanging out there in the future. It's unfortunate, but true.

The cops may have it in for him from past differences, it could be due to the racism angle, or he could have pulled the old "I'll try and blow at lightly as possible into the machine" trick.

The problem he has is the terms of his probation require that he live in Nebraska, he can travel for work but any additional travel must be approved by his probation officer. He could petition the court for a probation transfer to another state.

 

[Brady6]

I may be wrong about when the breath test was given, but my overall point could be correct. The officer could have just been an *****hole or had an ax to grind or Dennard could really have been blottoed or at least drunk. Unfortunately, we will never know for sure unless video from the cruiser (assuming there is any) shows Dennard clearly drunk or impaired.

I don't think all cops are *****holes or bad, but just like every other part of society or other professions there are good cops who are fair and do their job correctly and bad cops who aren't and don't.

I don't know what occurred and it very well could be a case of them harassing Dennard, I've even speculated that myself. But in defense of the cop I think you have a difficult dilemma when you pull someone over and you cannot get a read on the breathalyzer, if you truly believe they're drunk do you want to want to be that cop that lets the person go, only to have them drive off and kill themselves or someone else a few minutes later?

I mean look at the Jovan Blecher situation. Those cops gave the benefit of the doubt to Jovan and will forever have to live with what he did after.

It doesn't have to be about being an ******* cop or a nice cop it could just come down to you taking someone in knowing they will likely toss the charges but you'd rather be safe than sorry.

 

[Joker]

the problem is all this is coming down as training camp kicks off...the Pats need a resolution ASAP about the structure of their secondary going forward. If Dennard has a whole slew of court ordered stipulations dropped on his head, how does THAT affect his ability and availability going forward? Any other season, I'd think they'd try to work around it...THIS SEASON?...not with the Felgerites burning up the airwaves with their histrionics.

 

[Brady6]

the problem is all this is coming down as training camp kicks off...the Pats need a resolution ASAP about the structure of their secondary going forward. If Dennard has a whole slew of court ordered stipulations dropped on his head, how does THAT affect his ability and availability going forward? Any other season, I'd think they'd try to work around it...THIS SEASON?...not with the Felgerites burning up the airwaves with their histrionics.

As long as he gets clear of this probation violation on the 31st his court case will have minimal impact on the season. His DUI trial would be 9-12 months out minimum.

 

[DaBruinz]

As Florio points out on PFT in the latest post, the conditions of Dennard's probation very well may have restricted him from any alcohol consumption whatsoever, so that may point to some bad times ahead just in that regard alone.

The probation violation hearing is on July 31st, so we'll have to wait until then to find out what direction things are heading in.

In the meantime, we'll have to hope that Talib/Dowling are ready to hold things down; and possibly even Logan Ryan too.

At some point, you are going to have to stop mentioning that moron, Florio. The guy is a tool whose hatred of all things Belichick over-rides any common sense. He regularly ignores what is reported by others because it blows up any argument he tries to make.

It was already mentioned by Jeff Howe that Dennard's probation did NOT prohibit him from drinking.

The probation hearing will be over the arrest for "Failure to Comply". The "Failure to Comply" is only a citation, but Dennard was arrested because he's on probation. The only reason that he received the Failure to Comply citation was that the officer claimed Dennard didn't blow hard enough into the breathalyzer. And that, to me, sounds like a ton of BS on the officer's part. I've never heard that there was a specific strength you had to blow into the breathalyzer for it to give an accurate reading. The breathalyzer isn't like a lung capacity meter where you have to blow your hardest for as long as possible..

So, Dennard passes the field sobriety test and passed the breathalyzer test twice. He gets to the police station in custody, but they don't ask him to give any blood so they can do the blood test for alcohol on him.

I'll be flat out honest. It sure looks like Dennard was only arrested because the officer didn't like the result of the breathalyzer test and he didn't want to feel like he wasted his time so he made up the failure to comply BS knowing that it would potentially end up as a violation of Dennard's probation.

 

[DaBruinz]

Drunk driving is no worse than...
Shooting a gun randomly in a neighborhood.

If you don't hit anyone, it's no big deal right?

I'm not innocent for doing when younger it but I'm not dumb enough to try and justify it because I didn't kill anyone.

Except he wasn't drunk driving. He passed all the tests..

 

[DaBruinz]

They cannot double his sentence it is not a suspended sentence. Any additional time would have to come from a conviction on either the DUI or the probation violation charge.

The judge can add time for the probation violation. Which is what Rob was saying.

 

[Joker]

The judge can add time for the probation violation. Which is what Rob was saying.

here in RI the judge can violate on all or part of the suspended sentence...ten days the first offense, 30 the next, 6 months the next...and on like that...or the suspended can be upped. I really have no idea what the hell goes on in Nebraska and if I played foir the Pats and was getting paid 6 figures plus, I'd stay the hell out of there at least until the probation was done.

edit:....from the Omaha news

Omaha.com writes “Authorities have said that the accusation could be grounds for a Lancaster County District Court judge to revoke his probation and put him in jail for last year’s assault on a Lincoln officer.”

pretty vague..."could revoke"...says nothing about adding to the probation period...anybody have any concrete info?

 

[DaBruinz]

I don't know what occurred and it very well could be a case of them harassing Dennard, I've even speculated that myself. But in defense of the cop I think you have a difficult dilemma when you pull someone over and you cannot get a read on the breathalyzer, if you truly believe they're drunk do you want to want to be that cop that lets the person go, only to have them drive off and kill themselves or someone else a few minutes later?

I mean look at the Jovan Blecher situation. Those cops gave the benefit of the doubt to Jovan and will forever have to live with what he did after.

It doesn't have to be about being an ******* cop or a nice cop it could just come down to you taking someone in knowing they will likely toss the charges but you'd rather be safe than sorry.

If the person passes the field sobriety test and you don't get a reading on the breathalyzer, but still feel the person is drunk, you take them in and have a blood test administered. Plain and simple.

From what has been reported, Dennard passed the field sobriety test, passed the breathalyzer twice, though he was told he didn't blow hard enough, was arrested and taken in, but not asked to give blood for the blood test.

If you don't ask him to give blood for the blood test, then you clearly don't believe he's under the influence and you've taken him into custody wrongfully.

 

[Joker]

Off topic news...Zimmerman just found not guilty of killing Martin in Florida.

 

[Brady6]

The judge can add time for the probation violation. Which is what Rob was saying.

If he is found guilty of violating his probation. Which normally would have require a conviction, unless it states he cannot consume alcohol.

 

[Brady6]

Off topic news...Zimmerman just found not guilty of killing Martin in Florida.

Hernandez probably wishes his 2013 offseason shooting victims could switch results.

 

[FirstAndGoal]

Except he wasn't drunk driving. He passed all the tests..

Not talking about him specifically. Talking about some of the people commenting that driving drunk isn't a huge issue unless someone is injured.

 

[supafly]

If he is found guilty of violating his probation. Which normally would have require a conviction, unless it states he cannot consume alcohol.

Right, the inability (or assumed inability) to consume alcohol may be the biggest factor that we're dealing with here.

Keep in mind that the original case involved alcohol and a bar fight, so I think it's a valid concern to worry that there is a "no alcohol" clause in the probation terms. That could warrant a revocation of his probation, especially considering how tough they played things the first time through out there.

As far as whether or not the probation officer and judge decide to "wait" and allow the charges to play out until the end or not, that's entirely up to them. In most cases they do usually allow the process to play out, but anything goes for setting examples from high profile defendants--especially if they feel as though they went out and repeated some of the same mistakes that were addressed to begin with in the original charge.

Dennard could in theory sit behind bars for a little while if the judge decides that's what they want to do. Like I said yesterday, I don't know how different it is in Nebraska vs where I live in Pennsylvania but here in PA they will place a detainer on you for a VOP (violation of probation) and you will SIT down in the jail until your "new" charges are played out OR the original maximum sentence worth of jail time is completed, based on the discretion of the judge.

Obviously we'll know more on 7/31, but there is definitely a reason why he should consider kissing his girlfriend goodbye a little longer on July 31st.

 

[supafly]

Omaha.com writes “Authorities have said that the accusation could be grounds for a Lancaster County District Court judge to revoke his probation and put him in jail for last year’s assault on a Lincoln officer.”

pretty vague..."could revoke"...says nothing about adding to the probation period...anybody have any concrete info?

They can do either one, Joker.

It will obviously either come down to one decision or the other. The probation itself can be revoked, or they could choose to add to the period and/or punishment in any form they choose---up to the original maximum of the bar fighting charge (which would never happen).

The judge has a ton of discretion regarding defendants who violate their probation. Sometimes it's just as simple as throwing a scare their way and adding some more time and/or stipulations, while other times the judge will take away the probation altogether if they feel that the person in question did some of the things that were addressed to begin with.

They could make him go to rehab for a few weeks, they could order an evaluation, they could place him under house arrest for a while, they could place him behind bars, they could add some time to the probation, or they could choose to do nothing....it's a pretty wide open thing.