Staubig Posted March 2, 2016 Report Share Posted March 2, 2016 Woah. That's a bit strange unless your girlfriend is 80lbs or the mixed drink contained eight shots. She weighs 135lbs. I think he mixed drink was placed a little late it the evening. She blew a .109 I believe. Turns out Ohio has a zero tolerance law, you can get a OVI with ANY alcohol in your system. They've got it set up now where OVI is the blanket charge and then the have a sub charge (BAC) that they tack on as well. She got both charges, they dropped one. First time offender with a year of probation and a year license suspension. I live in Wayne county and they bring the hammer down. Sent from my XT1254 using Tapatalk Quote Link to comment Share on other sites More sharing options...
redkow97 Posted March 2, 2016 Report Share Posted March 2, 2016 6 minutes ago, Staubig said: She weighs 135lbs. I think he mixed drink was placed a little late it the evening. She blew a .109 I believe. Turns out Ohio has a zero tolerance law, you can get a OVI with ANY alcohol in your system. They've got it set up now where OVI is the blanket charge and then the have a sub charge (BAC) that they tack on as well. She got both charges, they dropped one. First time offender with a year of probation and a year license suspension. I live in Wayne county and they bring the hammer down. Sent from my XT1254 using Tapatalk Characterizing it as a "zero tolerance law" is incorrect. The State still needs to demonstrate impairment. That can be from alcohol, marihuana, whip-its, helium, heroin - anything that fits the legal definition of "under the influence of alcohol or drugs." Quote Link to comment Share on other sites More sharing options...
Staubig Posted March 2, 2016 Report Share Posted March 2, 2016 Characterizing it as a "zero tolerance law" is incorrect. The State still needs to demonstrate impairment. That can be from alcohol, marihuana, whip-its, helium, heroin - anything that fits the legal definition of "under the influence of alcohol or drugs." By zero tolerance I mean blowing a BAC of any value is grounds for a OVI. You CAN get a OVI, without being over the legal limit. You will just receive an OVI instead of an OVI + BAC Sent from my XT1254 using Tapatalk Quote Link to comment Share on other sites More sharing options...
Staubig Posted March 2, 2016 Report Share Posted March 2, 2016 And if you're driving and doing whip-its at the same time you have an imminent death wish lol Sent from my XT1254 using Tapatalk Quote Link to comment Share on other sites More sharing options...
redkow97 Posted March 2, 2016 Report Share Posted March 2, 2016 43 minutes ago, Staubig said: By zero tolerance I mean blowing a BAC of any value is grounds for a OVI. You CAN get a OVI, without being over the legal limit. You will just receive an OVI instead of an OVI + BAC Sent from my XT1254 using Tapatalk Okay, but that's not what "zero tolerance" means. Blowing .020 is not, on its own, enough evidence to sustain a conviction for OVI - there must also be a showing of actual impairment, either in the person's driving, or based on their performance of field sobriety tests. The same is NOT true at .080 or greater - that is where the legislature draws the line and says "you're automatically impaired at .080" 2 Quote Link to comment Share on other sites More sharing options...
jporter12 Posted March 2, 2016 Report Share Posted March 2, 2016 27 minutes ago, redkow97 said: Okay, but that's not what "zero tolerance" means. Blowing .020 is not, on its own, enough evidence to sustain a conviction for OVI - there must also be a showing of actual impairment, either in the person's driving, or based on their performance of field sobriety tests. The same is NOT true at .080 or greater - that is where the legislature draws the line and says "you're automatically impaired at .080" This guy knows what he's talking about! Don't they have to have a "display of impairment" or something to even get to the point of a BAC test? Quote Link to comment Share on other sites More sharing options...
redkow97 Posted March 2, 2016 Report Share Posted March 2, 2016 It's been a while since I have looked up the exact standard, but by memory, I believe officers must only have a reasonable suspicion of intoxication or impairment to administer field sobriety tests - plus you agree to submit to them when you accept your Ohio driver's license - but the odor of alcohol is likely enough on its own to warrant the tests. The officer will also note glassy eyes, any slurred or slow speech, etc. An admission that the driver has consumed any amount of alcohol is almost definitely enough. If you're ever afraid of field sobriety tests, don't drive. Uber is way cheaper than an OVI. 2 Ubers (one to get back to your car the next morning before work) is still about a thousand times cheaper than an OVI. 1 Quote Link to comment Share on other sites More sharing options...
Tonik Posted March 2, 2016 Report Share Posted March 2, 2016 Better than Uber is a hooker, some coke and a hotel room. Wake up in the morning and hop in the car. 3 Quote Link to comment Share on other sites More sharing options...
zx3vfr Posted March 2, 2016 Report Share Posted March 2, 2016 which is why you never perform the field sobriety test. they'll have a clear dash cam video of you stumbling. Quote Link to comment Share on other sites More sharing options...
Staubig Posted March 2, 2016 Report Share Posted March 2, 2016 Well I just meant to clarify my "zero tolerance" usage boner. I realize I was incorrect. You are correct, as well. Less than legal limit requires more, but still possible to receive. Field sobriety test is BS, I don't have a better idea, but I'd hardly qualify them to make the field diagnosis they do. Sent from my XT1254 using Tapatalk Quote Link to comment Share on other sites More sharing options...
Staubig Posted March 2, 2016 Report Share Posted March 2, 2016 I've never messed with Uber, my area is rural AF, not sure it'd be readily vailable. I've always adhered to the drink an hour rule, she felt fine, she drove fine (I was with her), but clearly it was a mistake. If I could redo the evening I would, we don't drunk and drive, thought we were legal, literally thought the field sobriety test would be fine. Even told her "see you soon" i was 100% sure we were fine. But I guess this is a learning lesson. Just blows, especially because we took (not enough) precaution. I know people that drive drunk 4 days a week and she has 3 drinks in 4.5 hours and told she's a criminal. She has to take counseling and hotel hell. It's just so much. *vent complete* Sent from my XT1254 using Tapatalk Quote Link to comment Share on other sites More sharing options...
Staubig Posted March 2, 2016 Report Share Posted March 2, 2016 And stumbling wasn't a problem with the field sobriety. I watched. She was a rock. They got her for "glassy eyes" and took her downtown. Sent from my XT1254 using Tapatalk Quote Link to comment Share on other sites More sharing options...
redkow97 Posted March 3, 2016 Report Share Posted March 3, 2016 Glassy eyes isn't a test, just an indicator. There are 3 standard test, and they are actually shockingly accurate at detecting intoxication that can be corroborated by BAC. One leg stand, walk and turn, and the HGN (follow the pen with your eye) test are the only things actually measuring impairment. Search the NHTSA guidelines online and do the tests at home yourself with a home breathalyzer. The tests aren't arbitrary. Quote Link to comment Share on other sites More sharing options...
Staubig Posted March 3, 2016 Report Share Posted March 3, 2016 *Failure of HGN. Sent from my XT1254 using Tapatalk Quote Link to comment Share on other sites More sharing options...
JustinNck1 Posted March 3, 2016 Report Share Posted March 3, 2016 Busy evening in the garage.... 2 Quote Link to comment Share on other sites More sharing options...
TimTheAzn Posted March 3, 2016 Report Share Posted March 3, 2016 My valves are within spec! Quote Link to comment Share on other sites More sharing options...
2talltim Posted March 3, 2016 Report Share Posted March 3, 2016 (edited) 14 minutes ago, TimTheAzn said: My valves are within spec! How do you know? Maybe IP just told you that and instead of actually checking them wasted the time and money you gave him on cheap Pot and slow wiminz. Edited March 3, 2016 by 2talltim 3 Quote Link to comment Share on other sites More sharing options...
Popular Post Tonik Posted March 3, 2016 Popular Post Report Share Posted March 3, 2016 IP doesn't buy cheap pot. 5 Quote Link to comment Share on other sites More sharing options...
TimTheAzn Posted March 3, 2016 Report Share Posted March 3, 2016 1 hour ago, 2talltim said: How do you know? Maybe IP just told you that and instead of actually checking them wasted the time and money you gave him on cheap Pot and slow wiminz. I got pictures! LOL (He probably just tore everything off my bike to take pics and then buttoned up everything after). Quote Link to comment Share on other sites More sharing options...
Gump Posted March 8, 2016 Report Share Posted March 8, 2016 why the heck doesn't google give you the full address with the city when you Google something like IHop near Canton ohio. So friggin annoying. Quote Link to comment Share on other sites More sharing options...
Tonik Posted March 8, 2016 Report Share Posted March 8, 2016 Quote Link to comment Share on other sites More sharing options...
JustinNck1 Posted March 8, 2016 Report Share Posted March 8, 2016 Went home at lunch and got the motorcycle out. When I got back to work, I quickly realized I need a haircut... Quote Link to comment Share on other sites More sharing options...
Wojo72 Posted March 8, 2016 Report Share Posted March 8, 2016 Went home at lunch and got the motorcycle out. When I got back to work, I quickly realized I need a haircut... I'm rocking the Walter White haircut so that wasn't an issue today. [emoji14] Sent from my Nexus 6 using Tapatalk Quote Link to comment Share on other sites More sharing options...
Gump Posted March 9, 2016 Report Share Posted March 9, 2016 @Tonik Not on my search. Quote Link to comment Share on other sites More sharing options...
jporter12 Posted March 9, 2016 Report Share Posted March 9, 2016 6 minutes ago, Gump said: @Tonik Not on my search. Your device or computer must be broken, then. It works fine on mine as well. Quote Link to comment Share on other sites More sharing options...
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