Todd’s No-Blow Shows He’s Wise to Ways of Beating DUI

[NNN0LHI]

http://missouri-news.org/midwest-news/tennessee/todd%E2%80%99s-no-blow-shows-he%E2%80%99s-wise-to-ways-of-beating-dui/10054

October 24, 2011

It remains to be seen whether prosecutors will be able to prove Rep. Curry Todd was impaired when he was arrested in Nashville this month on suspicion of drunk driving and unlawfully possessing a firearm.

But if the police affidavit filed after the arrest is accurate, the Shelby County Republican lawmaker violated a state law that requires motorists to submit to a blood-alcohol content test when asked to by law enforcement officials.

Todd, formerly a Memphis cop and lobbyist for the state Fraternal Order of Police, is charged with violating Tennessee’s “implied consent” law when he refused the officer’s request that he blow into a breathalyzer. But from the standpoint of avoiding self incrimination, aside from admitting he consumed “two drinks,” Todd handled his drunk-driving arrest skillfully — especially for somebody who may suspect he’s over the legal limit but doesn’t want to hand a prosecutor all the evidence needed for an easy conviction.

“If you’re driving, I wouldn’t admit to anything,” said Rob McKinney, the incoming president of the Tennessee Association of Criminal Defense Lawyers and a Nashville DUI attorney who blogged about Todd’s arrest. “You have the right of the Fifth Amendment. It’s better to not say anything than to lie to a police officer.”

[Nye Bevan]

1. Why don't they make the penalty for refusing to take the test

the same as the penalty for being helplessly drunk while driving?

[dipsydoodle]

2. It is in the UK

.

[TBMASE]

4. In VA you lose your license if you refuse

[Hassin Bin Sober]

6. Because we have a fifth amendment?

[Nye Bevan]

7. There's already a penalty for refusing the test.

It's just not as severe as if you take the test and fail.

So do you think the current penalty is unconstitutional?

[Hassin Bin Sober]

8. The penalty is a revocation of the "privilege" of driving. Not fines or prison sentences.

http://www.tn.gov/safety/duioutline.shtml


Implied Consent - Refusal to Submit to Blood Alcohol (BAC) <55-10-406>

•Revocation of Drivers License for 1 year - 1st offense
•Revocation of Drivers License for 2 years - 2nd offense
•Revocation of Drivers License for 2 years if crash resulted in bodily injury (Most Aggravated Drunk Driving Law)
•Revocation of Drivers License for 5 years if crash resulted in a death (Most Aggravated Drunk Driving Law)


1st Time DUI Offender - .08 (BAC) <55-10-401> <55-10-403>

•48 hours up to 11 months, 29 days for offenders in violation of 55-10-401
•.20 BAC or greater minimum jail time 7 consecutive days
•License revocation for 1 year
•You will be ordered to participate in a DUI school
•Pay restitution to any person suffering physical injury or personal loss
•$350-$1,500 fine
•With towing, bail, attorney, high risk insurance, court costs, school, and reinstatement fees, your first offense average costs could add up to $4,900
•Judge can order you to install a vehicle Ignition Interlock Device at your expense. Minimum 1st year cost $810 <55-10-412d>
•If two (2) convictions of DUI in 5 years, Ignition Interlock Device required for 6 months after reinstatement at your expense
•Drug and Alcohol Treatment may be required at the judge's discretion

[Nye Bevan]

9. So let's make the penalty a 10- year revocation

since revocation is constitutional.

[Hassin Bin Sober]

10. That's an idea.

[TheManInTheMac]

3. In Ohio if you refuse they still charge you and your guilt or innocence

is decided by the results of your field sobriety test. Plus, you lose your license right away.

[Hassin Bin Sober]

5. That's why attys recommend not taking the field sobriety test either.

[TheManInTheMac]

11. You'll still end up losing your license, doing three days in jail, paying the fine.

You might avoid points on your license, but most juries are going to believe the police over a drunk. Better idea is to not drive drunk. Passing a breathalyzer is easy that way.

[Hassin Bin Sober]

12. Better to actually know the law to which you refer than talk out your ass.

Just sayin'