Chief DUI

If one refuse to take the sobriety test, is their license suspended in Alabama?

quote:

Originally posted by flotown79:
If one refuse to take the sobriety test, is their license suspended in Alabama?

For the normal Joe they would be for a year.

Not for a first refusal--it's 90 days. From Ala. Code 32-5-192:

(c) If a person under arrest refuses upon the request of a law enforcement officer to submit to a chemical test designated by the law enforcement agency as provided in subsection (a) of this section, none shall be given, but the Director of Public Safety, upon the receipt of a sworn report of the law enforcement officer that he had reasonable grounds to believe the arrested person had been driving a motor vehicle upon the public highways of this state while under the influence of intoxicating liquor and that the person had refused to submit to the test upon the request of the law enforcement officer, shall, on the first refusal, suspend his license or permit to drive, or the privilege of driving a motor vehicle on the highways of this state given to a nonresident; or if the person is a resident without a license or permit to operate a motor vehicle in this state, the director shall deny to the person the issuance of a license or permit, for a period of 90 days, subject to review as hereinafter provided. For a second or subsequent refusal of such test within a five-year period, the director, upon said receipt of a sworn report, shall suspend his license or permit to drive, or the privilege of driving a motor vehicle on the highways of this state given to a nonresident for a period of one year; or if the person is a resident without a license or permit to operate a motor vehicle in this state, the director shall deny to the person the issuance of a license or permit, for a period of one year subject to review as hereinafter provided. If such person is acquitted on the charge of driving a motor vehicle upon the highways of this state while under the influence of intoxicating liquor, then in that event the Director of Public Safety may, in his discretion, reduce said period of suspension.

Im not assuming guilt here, however Im proud of the FPD for treating him like any other citizen. Shows that they expect the same from their own as they do from us. Kudos!

But Im sure mysterymeat will come in and post something negative about it.

Kirk

Now Mekirk is trying to cover for the drunk cop...

If Tony was driving drunk, he should have been arrested. However, I'm not going to assume that. It is also a well known fact that he has a few enemies at the FPD. It's a sad situation regardless.

quote:

Originally posted by lynnblount:
If Tony was driving drunk, he should have been arrested. However, I'm not going to assume that. It is also a well known fact that he has a few enemies at the FPD. It's a sad situation regardless.

Well then...I hope MeKirk is wrong about the FPD treating him as any other citizen.

Appears the officers did their job...regardless of position...that is the way it should be...

I bet ya ...Tony Logan would say the same thing..

First Tiger Woods can't keep it straight and now Tones, NEVER trust a man with 2 first names.

In an unrelated matter to Tones but to Tiger, I know a feller who calls a guy "Woods" and the guy looks nothing like Tiger nor is he even a quadbreed or a golfer

My wife was almost hit head on by Mr. Logan as he blasted through a stop sign in a residential neighborhood near his residence at approximately 3:10 on Saturday. She is a wonderful mother of two and a loving wife. She was coming home to join me on the couch to watch the Championship game. I sure am glad that he only hit a mailbox and not my wife.

quote:

Now Mekirk is trying to cover for the drunk cop... Roll Eyes

Well then...I hope MeKirk is wrong about the FPD treating him as any other citizen.



SJ you just contradicted yourself big time.Seriously do you have any idea what you are talking about twinkie boy?

quote:

Originally posted by rexkwondo72:

quote:

Now Mekirk is trying to cover for the drunk cop... Roll Eyes


Well then...I hope MeKirk is wrong about the FPD treating him as any other citizen.

SJ you just contradicted yourself big time.Seriously do you have any idea what you are talking about twinkie boy?

Standard Operating Procedure for mysterymeat. I must say, though, its unusual for him to do it in the same thread. I bet he forgot to log out and log back in under one of his alter egos

Kirk

quote:

Originally posted by lynnblount:
If Tony was driving drunk, he should have been arrested. However, I'm not going to assume that. It is also a well known fact that he has a few enemies at the FPD. It's a sad situation regardless.

My thoughts exactly.

quote:

Originally posted by Surreal Justice:

quote:

Originally posted by flotown79:
If one refuse to take the sobriety test, is their license suspended in Alabama?

For the normal Joe they would be for a year.

LMAO! I thought you knew the law?

I think Chief Logan has done a good job here in Tuscumbia and piecing together what I have read so far he should have never been charged with DUI (keep in mind I do not know all the facts) I am going to go out on a limb here and imagine if he was seen driving reckless on his street at 3:10 then he probably was rushing home to see the Bama-Florida game. Drunk or not he should have his tail kicked for being reckless but the Police came to his home after the way he was driving was reported. I would assume that would have been at the very least 20 to 30 minutes (perhaps longer) after the report, plenty of time to get home and down a couple drinks while watching the game. He might not have been drinking at all before driving. Of course all the details I have are from WHNT's web site, Times Daily article, and this forum so I could be way wrong but I could see it playing out this way and seriously doubt he could be found guilty under the circumstances.
I will definitely wait to pass judgment on Chief Logan till all the facts come out.

Is their a Captain at one of the local PD's also being put off on leave for alcohol problems and refusing treatment.....

quote:

Originally posted by BFred07:
he should have never been charged with DUI. the Police came to his home after the way he was driving was reported. I would assume that would have been at the very least 20 to 30 minutes (perhaps longer) after the report, plenty of time to get home and down a couple drinks while watching the game. He might not have been drinking at all before driving.

If what you say is true, why would he refuse to take a sobriety test & request administrative leave?

Because if he had gone home and had drinks after he got home then a breath test would have been a non issue. I am not saying that's what happened and stated that I am speaking with limited information but this certainly throws reasonable doubt into the picture and that is all that is needed to be found not guilty.

quote:

Originally posted by BFred07:
Because if he had gone home and had drinks after he got home then a breath test would have been a non issue. I am not saying that's what happened and stated that I am speaking with limited information but this certainly throws reasonable doubt into the picture and that is all that is needed to be found not guilty.

If he was speeding down that street, hit a mailbox & almost hit someone head on, then something was wrong. If he had a few drinks after he got home, he couldn't have gotten drunk that quickly. Doesn't a breath test tell how drunk a person is?
If he did nothing wrong then why refuse the test & request administrative leave?

Just for facts, 41-17 says this happened at 3:10, Times Daily says article says the Police were called at 3:24, it is not clear how long after that it was before the Police arrived to make a report and then went to visit Mr. Logan but you have to imagine it was enough time to for Mr. Logan to have had a drink or two. The legal limit in Alabama is .08 which for a person weighing 150 pounds (Looks like Mr. Logan is a bit heavier) that would be drank in a period of under 1 hour: less than 1 shot of 80 proof whiskey or a mixed drink with the same amount, less than a glass of wine, or about 16oz of beer to reach .08. Now I am not sure if you have ever watched just how fast a beer or 3 can go down a man at the beginning of a football game but it is reasonable to think he could have easily hit the legal limit in less than 30 minutes.
For right now i am standing by the Chief on this one, with the limited amount of info I have read he might should have a reckless driving charge but the damage could also have been from trying to avoid an accident. After all the facts come to light I might change my mind but I think I can read between the lines enough to safely say it is doubtful he was drunk.

I live on his street. The cops usually get here in about 5 minutes. I have not seen any damaged mailboxes but I will look today. Every stop sign in this neighborhood is run all day every day, especially by those that live nearby. I had a pony once.

Well it is sweet you give him the benefit of the doubt but you can bet your bottom dollar had he side swiped my buddies coming down from Collinwood to watch the game with me he'd only got the benefit of an ass whoopin his whole 150(even a bit heavier)

quote:

Originally posted by flotown79:
If one refuse to take the sobriety test, is their license suspended in Alabama?

But if he was on private property then does implied consent apply to a refusal?

quote:

Originally posted by smokey1:

quote:

Originally posted by flotown79:
If one refuse to take the sobriety test, is their license suspended in Alabama?

But if he was on private property then does implied consent apply to a refusal?

Nope. Implied consent only applies to public streets and roads. Can't suspend a DL for refusal to consent to breath testing when arrested for DUI on private property. Can suspend a DL for a conviction of DUI on private property.

First I am so thankfull no one was hurt or killed , I have no ideal if Mr Logan was dranking or not. Before or after he got home.

Well, this comes right out of the Instrution Manual for Defense Attorneys in DUI cases , to say Oh my Client was nervous and had a couple of dranks after he got home! I do recall a case here, after an older man struck and killed a young girl riding her bike , the man went home , told he had a strong drank or two before the Law found who had ran off the road and killed this girl . Some well known Defense Attorney, called and talked to the little girls family at nite time and got them to except a plea bargan. Something only the day before the father of the young girl told me , they would never do.

DUI charge will not hold up. Its a legal issue, once he entered the house who knows what he had to drink?

Its more of moral issue to me. He run over a mail box and headed for the house, knowing he could beat the DUI. Yes I believe he was drinking and driving. Will he man up and tell the truth? We will see.......

Heck Im a 130 lb women and I had 3 beers within the first 30 minutes of the game. Now I may have had to slow down after that, but thats not the point.

quote:

Originally posted by Sassy Kims:

quote:

Originally posted by smokey1:

quote:

Originally posted by flotown79:
If one refuse to take the sobriety test, is their license suspended in Alabama?

But if he was on private property then does implied consent apply to a refusal?

Nope. Implied consent only applies to public streets and roads. Can't suspend a DL for refusal to consent to breath testing when arrested for DUI on private property. Can suspend a DL for a conviction of DUI on private property.

Water ways for the operator of water craft (boats, jet ski, etc) in additition to highways, streets and public roads.

quote:

Originally posted by SHELDIVR:

quote:

Originally posted by Sassy Kims:

quote:

Originally posted by smokey1:

quote:

Originally posted by flotown79:
If one refuse to take the sobriety test, is their license suspended in Alabama?

But if he was on private property then does implied consent apply to a refusal?

Nope. Implied consent only applies to public streets and roads. Can't suspend a DL for refusal to consent to breath testing when arrested for DUI on private property. Can suspend a DL for a conviction of DUI on private property.

Water ways for the operator of water craft (boats, jet ski, etc) in additition to highways, streets and public roads.

Yeah, but my cop car don't get far from the shore pulling the boat over before the siren gets drowned out!

quote:

Implied consent only applies to public streets and roads. Can't suspend a DL for refusal to consent to breath testing when arrested for DUI on private property.

Could you elaborate? Not questioning you, just curious. Does this apply literally to where you are when the officer asks you to consent to the test, or just where you were driving when they decided to pull you over? I would imagine many police stops result in people pulling over into parking lots and other such private places. Accurate?

quote:

Originally posted by dolemitejb:

quote:

Implied consent only applies to public streets and roads. Can't suspend a DL for refusal to consent to breath testing when arrested for DUI on private property.

Could you elaborate? Not questioning you, just curious. Does this apply literally to where you are when the officer asks you to consent to the test, or just where you were driving when they decided to pull you over? I would imagine many police stops result in people pulling over into parking lots and other such private places. Accurate?

If you are observed operating or in actual physical control of a vehicle on public streets (or waterways), then it does not matter where you are apprehended.

OR, if investigation at the scene of a crash that you contributed to occurred on those same public streets or waterways, then the arresting officer (you have to be under arrest) has the authority to demand you submit to breath testing.

Being on private property would only be a factor if you were not observed on public streets by the arresting officer, and there was no crash to investigate on those same streets that you contributed to. Then, although he could direct you to take the breath test, the officer could not request DPS (Department of Public Safety) suspend your license for refusal.

So some think that the Chief headed to the house quickly to get cover. Possibly. But he did damage private property, the mailbox, and left the area without notifying the owner. Maybe leaving the scene without dealing with the property damage was far less important than constructing cover for the potential DUI.

Stay away from the alcohol and you will not have to worry about getting in a similar position. ALCOHOL is the worst DRUG PROBLEM in this nation!

Sassy...
Since the officer did not see Tony driving the vehicle he could not physically say that is was driving. This would be based on the fact the officer has to observed the offense, or see the person under the control of the vehicle. Without this it seems tony could not be charged with DUI.


Question:
Unless there is a law that stipulates that evidence in which an accident occurs can be used to deduct that Tony was intoxicated at the time of the accident and left the scene.

Question:
However, if the evidence indicates that his vehicle was involved in the accident, and tony admits to being the driver, then could he be charged with leaving the scene of an accident,DUI or both or neither if he refused to admit driving the vehicle.

Question:
If the officer did not see Tony in the vehicle, nor did he observe his demeanor before he got home. Can the officer, state that he was intoxicated at the time of the accident. Since I have no knowledge of the time factor between the time the wreck occurred and the time the officers confronted Tony, what factor under present court rulings does "TIME" play in making the determination of his mental state at the time of the accident.

quote:

Originally posted by beternU:
But he did damage private property, the mailbox, and left the area without notifying the owner.

It was his mailbox. He hit his own mailbox, and another car (Tuscumbia's) that was sitting in his driveway.

quote:

Originally posted by Maynard J. Keenan:

quote:

Originally posted by beternU:
But he did damage private property, the mailbox, and left the area without notifying the owner.

It was his mailbox. He hit his own mailbox, and another car (Tuscumbia's) that was sitting in his driveway.

I guess that means he never left the scene. Or maybe there wasnt even an accident. If I am backing out of my garage and run over my daughters wagon, I dont think that would be an accident (I bet my wife would disagree).

So, the question is, what basis was the arrest made on? Im just curious, this story keeps taking strange turns.

Im sure that if a good lawyer can get a drunk driver off clean with a good traffic stop (Ive seen it more than once), then a poor lawyer can probably get Tony Logan off for this with all these questions.

Funny how, no matter what happens in life, attorneys and doctors always come out on top. Maybe mysterymeat will turn his affections toward one of those professions....

Kirk

quote:

Originally posted by trader:
Sassy...
Since the officer did not see Tony driving the vehicle he could not physically say that is was driving. This would be based on the fact the officer has to observed the offense, or see the person under the control of the vehicle. Without this it seems tony could not be charged with DUI.


Question:
Unless there is a law that stipulates that evidence in which an accident occurs can be used to deduct that Tony was intoxicated at the time of the accident and left the scene.

Section 32-5-171 Arrest without warrant. A uniformed police officer, state trooper, county sheriff or his deputy or member of a municipal police force may arrest, at the scene of a traffic accident, any driver of a vehicle involved in the accident if upon personal investigation, including information from eyewitnesses, the officer has reasonable grounds to believe that the person by violating Section 32-5A-191 contributed to the accident. He may arrest such a person without a warrant although he did not personally see the violation.

Question:
However, if the evidence indicates that his vehicle was involved in the accident, and tony admits to being the driver, then could he be charged with leaving the scene of an accident,DUI or both or neither if he refused to admit driving the vehicle.

He could be charged with both, specifically if you have statements from witnesses that say he was driving to support the evidence of the crash, and the other evidence of the crash supports those statements.

Question:
If the officer did not see Tony in the vehicle, nor did he observe his demeanor before he got home. Can the officer, state that he was intoxicated at the time of the accident. Since I have no knowledge of the time factor between the time the wreck occurred and the time the officers confronted Tony, what factor under present court rulings does "TIME" play in making the determination of his mental state at the time of the accident.

Of course, time does play a factor. Medically, it takes no less than 30 minutes for alcohol to enter the bloodstream, and can take up to 90 minutes. The length of time will be a very important factor in the final outcome of the case, but I don't think it will play as big a part about his "mental state" as it will whether he was under the influence while driving, or after.

although my account was closed and I had to ask permission to reply to this subject...I made it.Be warned...It doesn't matter anymore,who you are,you are being watched,if you break the law you will get caught,if you are a law officer you need to be on alert,observe the laws,just like average joe,even more so.You are sworn to duty and justice,not above the law,don't speed around in your patrol cars when you are not in service.Don't solicite,and don't think the days of getting by are still yours.

quote:

Originally posted by Maynard J. Keenan:

quote:

Originally posted by beternU:
But he did damage private property, the mailbox, and left the area without notifying the owner.

It was his mailbox. He hit his own mailbox, and another car (Tuscumbia's) that was sitting in his driveway.

Nobody happened to notice a big blond Norwegiean gal with a golf club in the vicinity, did they?

Just curious.

quote:

Originally posted by RoadHawg:
Nobody happened to notice a big blond Norwegiean gal with a golf club in the vicinity, did they?

Just curious.

Stop it. Just stop it. That ish is WAY TOO D@MN FUNNY. I think we may have cracked the case!