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RogueStout

Honor Code Question

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12 hours ago, #1Stunner said:

DUI is a big deal.  Ah You should have taken an Uber, let alone follow the honor code.

I bet it's a lot tougher for BYU kids (especially recognizable ones) to trust that their Uber driver wouldn't turn them in for an honor code violation. Also he was like 30 miles from campus in Eagle Mountain.  That's an expensive ride.  

 

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18 hours ago, bsu_alum9 said:

Except for the open container they found.  He should have refused the tests.  

 

No he should not have.

My grandson refused a sobriety test and it cost home doubly. It's law says refusal of said testing is a crime in of itself.

 

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1 hour ago, bsu_alum9 said:

I bet it's a lot tougher for BYU kids (especially recognizable ones) to trust that their Uber driver wouldn't turn them in for an honor code violation. Also he was like 30 miles from campus in Eagle Mountain.  That's an expensive ride.  

 

Yeah, his family is from Eagle Mountain.

Maybe he could have asked his dad for a ride, given the fact that his dad works for the football program.

 

Regardless, he got a DUI.  Hopefully he gets a good punishment for it.  

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On 2/13/2020 at 1:33 PM, Spaztecs said:

No he should not have.

My grandson refused a sobriety test and it cost home doubly. It's law says refusal of said testing is a crime in of itself.

 

It depends on the state, but most states will automatically suspend your license if you refuse to blow even if you are not convicted of DUI. (Or if your refuse to take a chemical test of some kind. Some states give you the option of getting a blood draw at the police station rather than a breathalyzer. But I digress.) And your refusal to take the chemical test can be used against you at trial. So you may end up with a DUI anyway plus additional charges. Having said that, if you know you are over the limit and you are stopped at a checkpoint or something, it can sometimes be advantageous to refuse to blow, because you might be able to avoid a DUI even if you lose your license for refusing to blow. But this is only applicable if you are at a checkpoint or in some other situation where they have no evidence that you are impaired. If the cop pulls you over after he sees you swerving between lanes and you refuse to blow, the erratic driving plus the refusal to blow may be enough to convince a jury that you were impaired even if they don't have a chemical test. I am not a lawyer, and this is not legal advice.

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Quote

Ah You pleaded not guilty to all five charges on Feb. 12. The other charges were reckless driving, a class B misdemeanor; drinking in or about a vehicle, a class C misdemeanor; improper lane change in an occupied lane, an infraction; and speeding, an infraction.

Ah You was pulled over along Red Hawk Road near the Pony Express Parkway at 4:46 p.m. on a windy, but clear Sunday evening after a Utah County sheriff’s deputy observed him reaching speeds of 75 mph in areas where the posted limit was between 35 and 55, weaving in and out of traffic, following other vehicles too closely and not signaling for lane changes, according to a police booking affidavit.

The arresting officer said he performed an “inventory search” of Ah You’s vehicle and found an open container of alcohol, an empty container of alcohol, and a “THC vape pen” in the center console.

“Due to weather, I opted to perform my field sobriety test at the Utah County Jail,” the officer wrote.

My guess:

Illegal search and the officer didn't have probable cause to perform the DUI tests (because the search was illegal) and probably didn't not in his report that he smelled alcohol and marijauna.  None of the traffic violations (speeding/reckless) warrant a search or DUI tests.  

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On 2/12/2020 at 2:09 PM, Swoll Cracker said:

Thats gotta feel like a punch in the nuts to the coaching staff, so to speak.

Now that's some fine MWCBoarding there sir.  Well done!

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On 2/12/2020 at 1:20 PM, #1Stunner said:

Yes.

Funny thing is his dad is on the coaching staff.

A player did this last summer, and had to sit out a full year as punishment.  (He was running stop signs, putting lives in jeopardy).

Expect this kid to be transferring to Utah soon.

 

A Sinner, WOW!

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On 2/12/2020 at 3:36 PM, soupslam1 said:

Ive always wondered how Jim McMahon got through BYU. 

Venial Sin… lol

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3 hours ago, RogueStout said:

Don't know about the legal issues, but I expect he will have some sort of suspension from the football team. (nothing announced yet).

The last guy that got a DUI had to sit out the entire season.

DUIs are serious---put the entire public's safety at risk.  A message should be sent to this young man.

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On 2/12/2020 at 2:31 PM, #1Stunner said:

Don't forget.

Utah's DUI law is you are in violation of the law at .05.   That's a pretty low bar.

Maybe this guy ate some rancid vanilla ice cream, and became inebriated?  

Lightly Drunk Swerving

  • Haha 1

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6 hours ago, bsu_alum9 said:

My guess:

Illegal search and the officer didn't have probable cause to perform the DUI tests (because the search was illegal) and probably didn't not in his report that he smelled alcohol and marijauna.  None of the traffic violations (speeding/reckless) warrant a search or DUI tests.  

I don't know. I'm not a lawyer, but driving 75 in a 35 zone is plenty of probable cause to perform a chemical test in any jurisdiction that I have heard of. I have to wonder if the charges are being dropped because he simply wasn't drunk. The article says that he failed a field sobriety test but it says nothing about the results of any chemical tests. It makes me think that he blew below the limit but the officer arrested him anyway.

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