Man Falls Asleep During 18th DWI Arrest

[JustAnAverageGuy]

They still let him drive after the 17th DUI, W...T.... F...!?

 

[quakefiend420]

Originally posted by: JustAnAverageGuy
They still let him drive after the 17th DUI, W...T.... F...!?

his license was revoked at the time...

 

[psiu]

Originally posted by: Mill

Originally posted by: SirBrass
I think they had enough probable cause when they saw he was all over the road.

*snip*
If a cop sees someone driving dangerously, or suspiciously, they have enough probable cause to pull that person over, so their reasoning-despite your oh-so-learned insisting-is NOT bullcrap.

Where does it say in the OP or article that he was driving dangerously or suspiciously?

If speeding is probable cause then 95% of the population is a goddamn axe-murderer. The problem is you gave a half-assed reading of the article, have zero clue of the law, and then you decided to make a smart-assed post after confusing what someone said in the THREAD with what was in the article.

Again, was this a PABT, or one at the station? Was it calibrated properly in the recent history? What was the result of the FST, if any were done? Horizontal Gaze Nystagmus or walk-and-turn? Where the FSTs performed on level ground, or one a hill? How trained was the officer, and what experience did he have? Did he give explicit FST instructions if he did any FSTs at all?

All I was saying is speeding alone isn't probable cause alone, and neither is the odor of an alcoholic beverage (although it varies by state and case law), but needless to say I'm sure this guys record popped and they took him in based solely on that. Glad that they did, but I'm speaking generally here.

Originally posted by: Brutuskend
ALBUQUERQUE, N.M. - A man arrested after a traffic stop fell asleep before an officer arrived to administer a field sobriety test. But authorities say James Lovato, 50, had been through it before ? it was his 18th arrest on a charge of drunken driving.


The DWI Resource Center, which tracks drunken driving convictions back to 1984, said Lovato has been convicted at least eight times. State records show his first arrest was in 1977. In addition, a criminal complaint against him in the latest arrest said his license has been revoked seven times.

He was charged in Saturday's incident with aggravated driving while intoxicated on a fourth or subsequent offense.

A breath test found his breath-alcohol level was 0.16 percent, twice the state's presumed level of intoxication.

Lovato was driving on a revoked license when police said they clocked him at 77 mph in a 65 mph zone on Interstate 25 north of Albuquerque.

A complaint filed in metropolitan court said police had to force Lovato's car to the side of the road to get him to stop. Police then noticed an open beer bottle near the driver's seat, and said Lovato's eyes were bloodshot and his breath smelled of alcohol.

The complaint said three open containers of beer were found in the car.

Police also said Lovato fell asleep by the time a DWI officer arrived to administer the sobriety test.

Lovato pleaded guilty last year to a charge of fourth or subsequent offense DWI and was sentenced last October to 12 months in a community custody program followed by probation.

77 in a 65? They had to force his car off the road because he couldn't notice the bright flashy lights and screeching sirens behind him? That's a clue.

Then the officer comes up to the car and fights someone reeking of alcohol, bloodshot eyes, a revoked license, a history a mile long (well, as old as me anyway), AND AN OPEN BEER BESIDE HIM!! Sounds like probable cause to me, does it sound like it you?

Well, since they have to wait for special DWI officers to administer the tests, one can make an assumption that the special officers are trained specifically for these tests and how to ensure they will hold up in court. An assumption yes, but in this case more than likely correct. It does not mention whether this was a portable unit or one at the station.

It doesn't mention whether they then woke him up and had him perform the tests on the scene or not.

 

[Mucho]

Originally posted by: KarenMarie

it is ppl like him that ruin it for everyone.

Yes I know all too well

 

[JulesMaximus]

It's scary to think that there are people like this on the road at any given time...

 

[JulesMaximus]

Originally posted by: Mrvile
This gives me more incentive to learn the alphabet backwards.

Hell, I can't recite the alphabet backwards sober...do they really ask you to do that?

 

[Dedpuhl]

Reading this reminded me of a recent article in the paper:


Amite man gets 24 years for third 4th-offense DWI

 

[Mokmo418]

The guy is probably getting another page or two on his rap sheet

dwi + driving without license + open alcohol container x3 + 12 over + cops had to force car off the road + BREAKING PROBATION

=

Jail + one hell of a weaning

 

[Safeway]

Originally posted by: BigJ
Why aren't people like this in jail?