Showing posts with label DWI. Show all posts
Showing posts with label DWI. Show all posts

Tuesday, November 22, 2011

How Drunk was Gary Pinkle? View the DUI arrest through the officer's camera



This is the latest release of Gary Pinkle's field sobriety test. It may give you some insight as to why he plead to the DWI charge so quickly.  Here are the tests you be the judge.

Here are the standard tests for field sobriety.

1. The one-leg stand
To perform the one-leg stand test, you must stand with one foot six inches off the ground while counting aloud in thousands (one-one thousand, two-one thousand, etc.) until the officer instructs you to stop. You are also required to keep your arms at your side, look down at your foot, and keep your toes pointed.

As with the other field sobriety tests, the officer will look for clues during the one-leg stand test. These include putting your foot down before the test is over, swaying while trying to balance, hopping, and using arms to balance. If you exhibit two or more of these clues, you could be arrested for drunk driving.

The important thing to remember about the field sobriety tests is that the scoring is entirely subjective. Police officers, like anyone else, can show bias if they already believe that you are under the influence. They may cite even minor actions as “clues.” In addition, the one-leg stand test is normally administered in adverse conditions that increase its difficulty. The flashing of the patrol car’s lights, a sloped roadway, and the glare of the headlights of passing cars may make performing this test extremely difficult. Also, people who are over the age of 65 or are more than 50 pounds overweight, or who have a physical condition should not be asked to take the one-leg stand test.

2. The Walk and Turn
While it may seem as though the walk-and-turn test is meant to measure the driver’s physical abilities, this is known as a “divided attention” test. This means that the test was designed to assess the driver’s ability to pay attention and to follow the officer’s directions.

To administer the test, the officer will place the driver in an awkward stance. The driver is expected to stand like this for a prolonged amount of time while listening to the police officer’s directions.

The officer will tell the driver to take nine heel-to-toe steps, turn and pivot off his or her front foot, and take nine more heel-to-toe steps back towards the officer. During this time, the driver must also count out loud the number of steps he or she has taken.

While the driver is taking this test, the officer is looking for certain criteria. The criteria are: inability to maintain balance while listening to directions, missing steps, taking an improper number of steps, stepping off of the imaginary line, turning improperly, or failing to count out loud while taking steps.

3. The horizontal gaze nystagmus test.
One common tactic used by police to detect intoxication is the horizontal gaze nystagmus test, or HGN test. This is one of the many field sobriety tests officers use to determine one’s sobriety.

Police officers will ask the suspect to look at an object (usually a pen). While the object is moved back and forth, the officer is watching the eyes of the suspect looking for a lack of smooth pursuit. If nystagmus can be detected, the suspect will likely be arrested. Nystagmus is an involuntary jerking of the eyes.

However, the HGN test is far from perfect. Many other conditions may cause nystagmus. These include:
• Multiple Sclerosis
• Stroke
• Brain Tumors
• Visual loss
• Sedatives

Unless the police officer is also a well-trained ophthalmologist, his or her tests are often completely inaccurate! Even if nystagmus is properly detected, alcohol may not be the cause. The HGN test is one way to identify intoxicated behavior, but is very ineffective if tested alone.

Thursday, November 17, 2011

DUI Law: Gary Pinkle gets suspended for one week for DUI Arrest.

Mizzou suspends football coach Gary Pinkel after DWI.


Mizzou football coach Gary Pinkel was suspended one week without pay and will miss Saturday's game against Texas Tech after he was was arrested Wednesday night in Columbia, Mo., on suspicion of DWI.

Missouri athletic director Mike Alden also said that when Pinkel returns to work next Thursday, he will donate one week's pay to the MU Program for Alchol Awareness.  He also will have his salary frozen for one year. He signed a two-year extension in April with a guaranteed salary of $2.35 million.  Pinkel will also receive no bonus if MU qualifies for a bowl -- they need to win one more game -- and will write a letter of apology to MU fans and do 50 hours of community service, Alden said.

If Mizzou reaches a bowl game, the financial impact would be $306,538, school officials said.  Defensive coordinator Dave Steckel will take over for Pinkel, who is to have no involvement in the remaining game preparation for Texas Tech and is to be out until next Thursday.

Alden said that he met with Pinkel three times today and described the coach as very "remorseful." Alden said this was a "serious breaking" of responsibilities and that any repeat incident would incur harsher penalties, up to and including termination.  A Boone County deputy stopped Pinkel, 59, in the northbound lane of the 200 block of North Keene Street near Broadway about 10:15 p.m. for lane and signal violations, said Boone County Sheriff's Maj. Tom Reddin.

Pinkel was driving north in a Chevrolet Avalanche when he was stopped and was the only person in the vehicle, Reddin said.  Pinkel cooperated with the deputy and was booked at the Boone County Jail on suspicion of DWI, a misdemeanor, Reddin said. Pinkel posted a $500 bail and was released on the first-offense charge.

Reddin would not comment on whether Pinkel agreed to a breath or blood test. Reddin said the case would be presented to prosecutors.  Last summer, Pinkel appeared in a series of poster advertisements promoting motorcycle safety created by the Missouri Coalition for Roadway Safety as part of its "Share the Road" campaign.  MU Chancellor Brady Deaton said in a statement: "I was deeply disappointed to hear the news about Coach Pinkel. Coaches must hold themselves to the very highest of standards. His lack of judgment is especially concerning since he serves as a role model for our students. I expect (athletics director) Mike Alden to take appropriate action and he has my support in doing so. I also expect and believe that Coach Pinkel will accept full responsibility for his actions and will act in accordance with the standards he expects from his players."

In a statement, Pinkel said, "Last night after practice, I met some friends for dinner. After dinner, I was stopped by a Boone County officer and received a citation for DWI. "First and foremost, I am very disappointed in myself for my lack of judgment in this instance. Nobody should drink and drive, including me. My staff and I constantly reinforce with each of our players the importance of not putting yourself into a position such as this. I did not follow that here and for that, I sincerely apologize to the University of Missouri, to our administration, to the Board of Curators and to our fans.

"I have already met with our staff and communicated with our players and have apologized to them. I accept full responsibility for my actions and will abide by whatever course of action our leadership deems appropriate."

Alden released a statement about Pinkel's arrest.
"We are extremely disappointed in Gary's lack of judgment," the statement said. "He is known as a man of great character and integrity. However, this absolutely goes against everything we stand for, and everything that he teaches his players in regards to our social responsibilities. We hold ourselves to very high standards, and this is a very serious breach of those responsibilities. We are gathering facts and will take action appropriately, and when those actions are determined, we will communicate them publicly."
Pinkel has been known for a no-nonsense attitude toward transgressions committed by his players or assistant coaches.

After MU players Will Ebner and Beau Brinkley were arrested on similar charges last year, each sat out two games.  That came weeks after Mizzou assistant coach Bruce Walker was arrested on suspicion of DUI.
and was handed undisclosed, stiff internal penalties.

When then-MU head football coach Woody Widenhofer was arrested for a DWI a few blocks from his home after a win over Kansas State in 1987, Widenhofer missed no games and later pleaded guilty. He was fined $500.  "I pleaded guilty today because I made a mistake," he said then. "I never had any idea to contest it. I made a mistake. I'm sorry for it. I'm ready to get on with business."
Joel Currier of the Post-Dispatch contributed to this report.