Massie suspended 3 games

Cheesebeef

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Ok.

I've been let off by a cop who said "I could give you a DUI right now but I can tell you are not drunk. You live one mile away, go home"

How is that for a comparison?

Ive had roommates call me at 3am and say hey if you dont come pick me up right now I am going to jail for DUI. I drove to jack in the box, talked to the cops, they let him go and made him leave his car there. He was HAMMERED and fell asleep ordering food in the drive thru.

Need more comparisons?

if a cop let a HAMMERED guy go, that's a big freaking problem.
 

Zeno

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Ok.

I've been let off by a cop who said "I could give you a DUI right now but I can tell you are not drunk. You live one mile away, go home"

How is that for a comparison?

That cop is lucky you did not get in an accident on the way home...that right there is the definition of stupid. He could have lost his job and cost himself and his department $$$$$ if you had hit anything on the way home. It doesn't matter if you are a mile away or 2 houses down you can STILL cause an accident and hurt or kill someone.
 
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BigRedRage

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That cop is lucky you did not get in an accident on the way home...that right there is the definition of stupid. He could have lost his job and cost himself and his department $$$$$ if you had hit anything on the way home. It doesn't matter if you are a mile away or 2 houses down you can STILL cause an accident and hurt or kill someone.

I was 2 beers over 3 hours, I wasnt drunk by any means. I dont drive drunk. I am always the DD. I dont need a lecture on my transgressions.
 

Shane

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It would depend on whether you (as an officer) are legally obligated to act when you see laws being broken or if you have the personal discretion to not enforce laws you disagree with, I guess.

Can a police office not bust someone for drug possession because they personally disagree with our drug laws? Can you see laws being broken and justifiably walk away?

Maybe Shane can answer that.

I believe in DUI there circumstances vary (AZ has among the strictest DUI penalties in the country)--if a police officer were to say the guy is just sleep in the back seat I will let him sleep it off then the drunk woke up still drunk drove his car and then hit someone the department and officer could be legally liable for any injuries or worse.

Letting someone off for a warning for a speeding ticket is not even in the same stratosphere as far as comparisons go.

A police officer absolutely has discretion when enforcing the law.. Just because there is a law on the books doesn't mean you have to enforce it..(common sense applies) Same as a DA deciding whether or not to pursue charges there is discretion at the front and back end in criminal matters. There is a thing called intent and spirit of the law..

I have let many people go for many things.. Would I walk away from a hammered guy behind the wheel of a car in a parking lot sleeping it off trying to do the right thing? Absolutely not… However Im not going to jam the guy up with a DUI ruining many aspects of his life and future possibly… I would do my absolute best to try and find the guy a way to get home.. The arrest would only come as a last resort unless the guy turned into a belligerent idiot as your trying to help them…

Not a fan of screwing people just because there may be a law on the books that says I can. You need to have some discretion and common sense in this job.
 
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Shane

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I was 2 beers over 3 hours, I wasnt drunk by any means. I dont drive drunk. I am always the DD. I dont need a lecture on my transgressions.

Yep 2 beers over 3 hours?? A quick HGN and you would be on your way with me too…
 
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BigRedRage

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Yep 2 beers over 3 hours?? A quick HGN and you would be on your way with me too…

I stood up and talked to him outside of the car. He asked if i knew why pulled over, I said yes, driving like an ******* (I peeled out around a slow taxi)

I wasnt drunk at all, just had some beer breath.
 

kerouac9

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Buckybird

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Yep 2 beers over 3 hours?? A quick HGN and you would be on your way with me too…

Thank goodness you weren't a cop in dallas last after I was celebrating that big W!!! :D

Where u been homes haven't seen much of ya posting lately
 

crisper57

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So he FALSELY STARTED his vehicle.

He couldn't HOLD his liquor.

And now the League is PILING ON.

Sounds about right for Massie, doesn't it?
 

Snakester

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sleeping in your car drunk is a DUI even if the car isnt on. You could have been driving around before you passed out. I know several people who have sleeping DUIs.

I have done that so many times when I was young I can't believe it's against the law. To me your being responsible by not drinking and driving. I think that law should be thrown out. I find the law incredibly stupid and not Massie.
 

crisper57

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I have done that so many times when I was young I can't believe it's against the law. To me your being responsible by not drinking and driving. I think that law should be thrown out. I find the law incredibly stupid and not Massie.

Gambo reached out to some law enforcement friends yesterday to ask this very question. He said that as long as the key is not in the ignition, the car is considered a "safe haven" for the person to escape the elements. Not sure if that is actually the law as written, but that is what more than one cop told him.
 
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BigRedRage

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Gambo reached out to some law enforcement friends yesterday to ask this very question. He said that as long as the key is not in the ignition, the car is considered a "safe haven" for the person to escape the elements. Not sure if that is actually the law as written, but that is what more than one cop told him.

that's an opinion. The law is that if the keys are within your vicinity, it can be a DUI.
 

crisper57

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that's an opinion. The law is that if the keys are within your vicinity, it can be a DUI.

So if I was drunk and my wife is driving me home, but she needs to stop at the store. She runs in, leaves me and the keys in the car, and along comes a cop. Yikes!
 
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BigRedRage

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So if I was drunk and my wife is driving me home, but she needs to stop at the store. She runs in, leaves me and the keys in the car, and along comes a cop. Yikes!

that's where common sense comes in to play.

Some use it, some shoot people.
 

Zeno

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TN has a DUI law where you can be arrested for an accommodation DUI, if you let someone drunk drive your car. I had an employee get arrested for it, he was drunk, knew he shouldn't be driving, his wife said she was fine to drive (remember he was drunk so no judge for her sobriety). She gets arrested for a DUI he gets charged with DUI by accommodation. That is even worse then sleeping in your car IMO.
 

frankeegee1

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With out having read the officers report (has anyone on here read it?), everything is pure speculation and guessing (as it is in a lot of instances:)). So, we really don't know what really happened (at least I don't), do we? Any way, most officers have a lot of discretion on enforcing certain laws, some laws, maybe not so much. A lot of that has to do with what/how much liability an officer wants to take on himself, if something goes to.....crap.

If you go by the book, most agencies well back you up 100%, maybe not so much, if you don't. Are you willing to take on the consequences of what you do? Letting someone off that you know nothing about over your possible future/life. Something to think about.

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splitsecond

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The major issue I have with this is the same one I had in a DUI case I handled a few years back. In that case, my guy was at the bar with coworkers after a long day doing road repair, had too many and went to sleep in his truck until one of his coworkers could take him home. He woke up to the cops tapping on his window.

He was on PRIVATE property (parking lot) asleep, in a parked truck. The truck wasn't running. He was still charged with a DUI.

I was able to get his MVD suspension vacated for one reason: the officer had no reason to go look in his truck and couldn't articulate his reason. We could have beaten the charge at trial but my guy chickened out and took a minimum plea.

Shane's position on this is spot on and SHOULD be what officers are trained to do, but DUI in Arizona is a cash cow and political talking point that gets votes, so it isn't.

The "immediate ability to control" DUIs are there for a reason - to prevent people from driving the car at all when drunk, even to sleep it off. We don't know Massie's story, but if it turns out he was dropped off and decided to sleep it off, what the hell is the officer doing in a private parking lot looking in cars in the first place? Police won't deal with traffic accidents in parking lots unless someone is injured under the guise that it is private property, but they will go snooping around cars in parking lots during DUI hour? Like my guy, if Massie was really just sleeping it off, what good has the officer served by charging him when he was trying to be responsible? There is a severe misunderstanding with many officers in that they think they work for their boss and performance numbers when they work for the taxpayers. Sometimes serving the public means lending a hand, not filling the city coffers with fines.

Also, notice that it appears by the language of all these reports that he has not been convicted, and given that it has been 8 months since the incident, the case is either headed to trial or has been dismissed for one reason or another.
 
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82CardsGrad

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Arians has only been here for two years? Daryl Washington, Bobbie Massie, John Abraham, Alex Okafor? Almost two-thirds of the arrests in the last 5 years have come in the last 2 years?



(It's not really a statistically relevant sample size, in any case.)


Think your forgot to mention Dwyer... [emoji26]
 
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