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2nd African-American athlete arrested for DUI, passes blood and breathalyzer tests.

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trumad Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jul-16-07 08:35 PM
Original message
2nd African-American athlete arrested for DUI, passes blood and breathalyzer tests.
This is the second African-American athlete in a matter of weeks that was arrested for DUI, only to find out later that they weren't legally drunk. What's up with that?

The Arizona bust that got Tank Johnson booted from the Chicago Bears will not result in criminal charges, police said Thursday.

Sgt. Andrew Duncan of the Gilbert, Ariz., police said Johnson will not be prosecuted following a June arrest for allegedly driving under the influence. A blood test later revealed Johnson was not legally drunk.

"I am not surprised by this decision, but I am relieved," Johnson said in a statement.
http://www.suntimes.com/sports/football/bears/457949,CS...

Dolphins receiver Chris Chambers passed a breathalyzer test at the police station after his Saturday morning arrest for driving while impaired, reckless driving and speeding, according to sources.

According to the Charlotte-Mecklenburg Police Department, Chambers was taken into custody at 2:31 a.m. Saturday.
http://www.sun-sentinel.com/sports/sfl-716chambers,0,20...
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malaise Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jul-16-07 08:36 PM
Response to Original message
1. Good old racial profiling
known as DWB. They were driving in expensive cars.
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pitohui Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jul-16-07 08:43 PM
Response to Reply #1
4. yep EOM
m
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Grandrose Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jul-16-07 08:43 PM
Response to Reply #1
5. I did not see your post first....swear!
Maybe great minds or known facts! :hi:
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malaise Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jul-16-07 08:55 PM
Response to Reply #5
24. LOL
My brother experienced it a few times, but he had real fun cashing in on their stupidity since the lawyers were free. :toast:
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Grandrose Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jul-16-07 08:39 PM
Response to Original message
2. Typical profiling!
Driving while Black! :yoiks:
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Evergreen Emerald Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jul-16-07 08:42 PM
Response to Original message
3. there are two ways to get stopped for DUI
One is blood-alcohol level. The other is driving erratically while under the influence. He was doing 74 in a 45. That is certainly cause to pull one over--no matter what his color or type of vehicle.
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trumad Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jul-16-07 08:43 PM
Response to Reply #3
6. Well--then give him a speeding ticket
but if he passed the test---then he wasn't drunk.
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HiFructosePronSyrup Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jul-16-07 08:44 PM
Response to Reply #3
7. Have they got proof he was doing 74?
If they were lying about the drinking, I've no reason to trust them about the speeding.
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Evergreen Emerald Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jul-16-07 08:46 PM
Response to Reply #7
11. They may not have been lying about his drinking
He refused to take the test that would have cleared him. That is problematic. I wonder if, like Cheney, he waited until the Blood alcohol level went down. Also, there are other ways to tell if one is affected (effected?) from drinking: smell of alcohol, slur of words, gaze nastagmas, field sobriety tests. Lots of ways.
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trumad Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jul-16-07 08:48 PM
Response to Reply #11
12. He probably refused because he said fuck you
knowing damn well he got pulled over for DWB.
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Evergreen Emerald Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jul-16-07 08:49 PM
Response to Reply #12
14. I am certain it is not ok to drive 74 in a 45
no matter what color you are.
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trumad Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jul-16-07 08:50 PM
Response to Reply #14
17. Fine--then give him a fucking speeding ticket.
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HiFructosePronSyrup Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jul-16-07 08:51 PM
Response to Reply #14
18. How do you know he was going 74?
Racial profiling is bad whether you're a cop or not.
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TSIAS Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jul-16-07 08:54 PM
Response to Reply #14
23. It is a crime
Hell, I've probably done it once or twice. It definitely isn't a good thing, but it's hardly a felony. I don't know about North Carolina law, but in Florida it's still a misdemeanor crime. He deserves to pay a huge speeding ticket, but that's it.
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HiFructosePronSyrup Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jul-16-07 08:50 PM
Response to Reply #11
15. Excuses excuses.
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TSIAS Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jul-16-07 08:53 PM
Response to Reply #11
21. It doesn't matter
The fact is that he passed the breath test. He decided to take the test -- many people arrested for DWI refuse.

The smell of alcohol is not that relevant. Like it or not, it's not illegal to drink and drive. While it isn't the smartest thing in the world, his actions don't appear to be in violation of the law.

He was probably smart to refuse the field sobriety tests. Typically, once the police smell alcohol an arrest is inevitable, no matter how he performs on the roadside tests.

The fact is that if Chambers had a .0800001 BAC test, the cops would be using it as evidence that he was legally drunk. But since he passed the test, they ignore that and focus on his refusal of roadside tests.
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ecstatic Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jul-16-07 10:13 PM
Response to Reply #7
36. Exactly. Sorry, not taking the words of proven liars
I'll err on the side of the driver in this case.
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BlooInBloo Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jul-16-07 08:46 PM
Response to Reply #3
10. lol! 3.
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HuskerDU Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jul-16-07 08:44 PM
Response to Original message
8. I no nothing about the Chambers matter, but Johnson was on
double secret probation. Tank has been in trouble with the law many many times since joining the Bears, including very serious gun charges. The Bears stuck by him, helped him in any and every way possible on the condition that there be ZERO additional trouble. He got pulled over at 3 AM and was said to be 'intoxicated to the slightest degree.' ANY other Bear could've gotten away with that (well maybe not Ricky Manning Jr) with absolutely no reprocussions from the team.

I love Tank and wish he was still on the Bears because he's a great player, but the guy made his bed and now he will sleep in it. Maybe the 50 were wrong to pull him over, but the guy has dragged the Bears name through the mud for the last time.
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trumad Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jul-16-07 08:45 PM
Response to Reply #8
9. But he was innocent was he not?
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Kingshakabobo Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jul-16-07 08:50 PM
Response to Reply #9
16. Still can be charged for being impaired. Hardly "innocent." n/t
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BlooInBloo Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jul-16-07 08:51 PM
Response to Reply #16
19. Perfect American thought - if he's not guilty of this, he did something else then....
Edited on Mon Jul-16-07 08:51 PM by BlooInBloo
... That thinking has a long and storied history in America - welcome to the team!


EDIT: Subject typo.
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trumad Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jul-16-07 08:53 PM
Response to Reply #19
20. Exactly
The guy wasn't drunk--- he's a world class athlete--- and he failed a roadside test? Something doesn't add up.
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Kingshakabobo Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jul-16-07 08:57 PM
Response to Reply #19
26. I'm just quoting the article. He WAS drinking and speeding.
It's hardly a conspiracy. If he was completely sober, then yes, you might say something was up. But the fact of the matter is he WAS drinking. Clearly, they had reasonable cause to suspect DUI. He wasn't DUI and the authorities decided not to press the "technicality." Great. It all worked out.
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trumad Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jul-16-07 08:58 PM
Response to Reply #26
27. Drinking what--- a glass of wine?
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Kingshakabobo Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jul-16-07 09:12 PM
Response to Reply #27
33. I don't know? What would it take to get a man his size within 8/thousandths of a DUI?
Both of these guys sound like they have had good counseling regarding field breathalyzers......it probably saved Tank a DUI conviction. Good for him. I wish everyone was a little more savvy when dealing with the cops.

The fact remains, unless you think the blood-test results are phony, he WAS drinking. So we can be pretty certain the cops didn't invent the drinking charge?? No?
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TSIAS Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jul-16-07 10:19 PM
Response to Reply #33
39. Basically, Tank got lucky
There's no way he knew whether his BAC was .07 or .09. I doubt he had his own personal breathalyzer before driving.

It's hard to believe that some people, such as Tank Johnson and the Pacman, continually put themselves in bad situations.

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TSIAS Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jul-16-07 08:59 PM
Response to Reply #16
28. Honestly, I'd never heard of that crime before
"Impaired to the slightest degree". Either he was drunk or he wasn't.

Tank Johnson, by all indications, appears to be a bad dude that I wouldn't want to be within 100 miles of.

Frankly, I think Roger Goodell is overreaching. Even worse, Gene Upshaw is the most inept union rep in the history of sports. They don't mind punishing guys that nobody really knows. For the most part, in the NFL everybody but the skill position players are largely anonymous. But I wonder if he would be so harsh if the suspect was Peyton Manning or Tom Brady.
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Kingshakabobo Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jul-16-07 09:03 PM
Response to Reply #28
31. Read the article. There is a lesser charge of "impaired driving."
They cut him a break and didn't press it.
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TSIAS Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jul-16-07 09:07 PM
Response to Reply #31
32. I'm not sure if they cut him a break
From what I've researched online, it's rare to continue with charges if the breath test comes back below the legal limit. Barring obvious signs of intoxication and impairment, it seems like dropping the charges is a common occurrence.
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Kingshakabobo Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jul-16-07 09:25 PM
Response to Reply #32
35. Was there a breath test done? It appears not..unless I'm missing something.
Apparently, they booked him on suspicion and took a blood sample. The test came back slightly under the limit so no charges will be pressed. The fact that he was very close to the limit leads one to believe the police had reason to suspect DUI.
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TSIAS Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jul-16-07 10:18 PM
Response to Reply #35
38. No breath test
According to Arizona law, the officer has the right to take a breath, blood, or urine test.

In that state, it is mandatory to give a chemical sample under "implied consent". Refusal is grounds for mandatory license suspension.

Anything else, including field sobriety tests, cannot be mandated by law.
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HuskerDU Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jul-16-07 08:54 PM
Response to Reply #9
22. He was guilty of poor judgement and for dragging the Bears into
the police blotter one too many times. I don't know his entire criminal history, but it is LONG. He was suspended from the team and put on the first team 'probation' from gun charges in the middle of last season. At that point, Tank pleaded with the Bears to give him another chance (remember the gun charges is like strike 10 since becoming a bear). Well the Bears stick by him and Tank claimed to be a changed and new man. Two nights later Tank was involved in a fight at a nightclub and his best friend was murdered. Well so much for the changed man.

Finally the Bears told him straight up, you jaywalk and you are gone. Done deal.

Maybe the cops shouldn't have pulled him over, I don't know. But I do know that if Tank wanted to be a Bear, he should have been at home with his family at 3 am, and he should not be 'intoxicated to the slightest degree' while driving. I feel sorry for myself and my fellow Bears fan for losing this talented player, but I don't feel sorry for Tank in the slightest. The guy screwed up WAAAAAY too many times.
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trumad Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jul-16-07 08:56 PM
Response to Reply #22
25. The guy got cut because of a false accusation.
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HuskerDU Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jul-16-07 08:59 PM
Response to Reply #25
29. Would it make you feel better if they had cut him after the
felony gun charges?
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Kingshakabobo Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jul-16-07 08:59 PM
Response to Reply #25
30. Do you mean the speeding or the partially impaired - enough to SUSPECT dui?
What was the false accusation?
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TSIAS Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jul-16-07 08:49 PM
Response to Original message
13. They also did this to Robert Hite
Robert Hite, the former University of Miami guard who was with the Heat this year, was falsely arrested for DUI earlier in the year.

It turns out that the reason he failed the roadside tests was because of a basketball related injury. And his breath test was well within legal limits. While it's not smart to drive nowadays with any alcohol on your breath, he didn't commit any crime.

I don't think Pat Riley would have been so quick to release Wade, Shaq, or any other contributing player without all the facts. It was despicable how Hite was treated.

Roger Goodell better not try to mess with Chambers. Unlike Tank Johnson, Chambers seems to be a good, law-abiding citizen. Based on what I read in the report, there's no way they'll get a DWI conviction.

I still don't think it's fair what they did to Tank Johnson. I know he's a bad guy and all, but all he did was speed late at night. There's nothing illegal about being out late, even if he had a drink or two.
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stevedeshazer Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jul-16-07 09:22 PM
Response to Original message
34. This issue is incredibly important to America's survival
The left-wing persecution of America's beloved professional athletes MUST BE STOPPED, especially since they make lots of money.
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TSIAS Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jul-16-07 10:13 PM
Response to Reply #34
37. You know that's not the point
It doesn't matter how much money someone makes -- justice is something that we should take seriously. There's plenty of evidence to suggest that Driving While Black, especially in a conspicuous vehicle, is an issue in some police departments.
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