Sherman arrested for DUI

BlueTalon

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They will pull you over for suspected DUI and if just cause is present the arrest you IF it’s a slam dunk.
If anything is sus with the case you walk free.
ITS A GREAT TIME TO BE A SEAHAWK FAN !
I just wanted to quote the part of your post that was immediately above your signature, and include your signature. This is how I saw it when I read it, and for some reason, it tickled my funny bone.
 

RiverDog

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That's exactly what I would want to do (refuse to take the breathalyzer), but for a different reason. The law speaks of blood alcohol content, not breath alcohol content. I don't trust that intermediary step of determining blood alcohol, as there are too many ways for it to mess up. If they want to determine my blood alcohol content, then let them test my blood, not my breath.
There's absolutely no reason not to take the roadside breath test. Once the cop has enough of a suspicion of your being intoxicated that he suggests taking a breath test, he's not letting you go unless you take it and pass it. If you don't take it, you're going to the station same as if you took it and failed. The roadside test is only an indicator and not admissible as evidence. It's sole purpose is to give the cop cover should he let you go and you subsequently get into an accident.

Back in the 70's, I got stopped on two different occasions after I had been drinking and was released even though the cop knew I had been drinking. On one occasion, the cop told me to go to a McDonald's and not to come out for 1 hour or else he would pull me over and take me in. But then police departments started getting sued because they'd let someone they knew had been drinking go and an hour later, caused a fatal accident. Nowadays, if they have the slightest doubt of your sobriety, you're going to the station.

Once you're at the station, then yes, I would be like you, insist on the blood sample, and I would insist that a vial be sent to my own lab where I would get the results. I'm pretty sure that the results from the sample sent to your lab are yours and yours alone, that due to HIPPA, the prosecutor can't get access to them without your consent....but don't quote me on that.
 
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bigcc

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Yeah, Geno was arrested on Jan. 10th, 2022 and the prosecutor's office didn't decide that they weren't going to file charges until Aug. 3rd, 2023. They didn't have access to the toxicology results until April of 2023. I'm sure that a defense attorney would have loved to have gone after them had they filed. It's pretty absurd, just think of how many drunken drivers can continue to threaten the public if it takes them 15 months to get a toxicology report.
Yeah, that's not typically the case lol.

I had frequent UA's when I was on probation in my youth (don't take a suspended sentence), and toxicology reports more recently, and I never got the results more than 3-4 days later, and that's really pushing it.

I don't know what the hell was going on to delay it a over a year, because that is NOT typical
 

RiverDog

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Yeah, that's not typically the case lol.

I had frequent UA's when I was on probation in my youth (don't take a suspended sentence), and toxicology reports more recently, and I never got the results more than 3-4 days later, and that's really pushing it.

I don't know what the hell was going on to delay it a over a year, because that is NOT typical
When my stepson passed away in 2015, we didn't get the toxicology report for 6 weeks, but it likely had a low priority as it wasn't needed for a criminal prosecution or investigation.
 

RiverDog

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Or if you're a millionaire who's already been in trouble once, maybe you just get an UBER? There's always that.
You can't tell a drunk that he's drunk or an alpha male guy that he can't drive. It's challenging their manhood, like the response given to someone flipping you the middle finger: "Is that your IQ or your sperm count?" That's common amongst men from 18-45 or so, part of the precious male ego. Once you pass the middle age part of life, that attitude tends to change quite a bit.
 

RiverDog

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Here's a few more details about Sherman's arrest, this time by the WSP and not some aspiring reporter:

Bail was set at $5,000 on Monday for former NFL star Richard Sherman following his weekend arrest for suspicion of driving under the influence.

Sherman was pulled over just before 2 a.m. Saturday for driving 79 mph (127 kmh) in a 60 mph (97 kmh) zone on Interstate 405 south of Seattle, Washington State Patrol Trooper Jordan Hazzard-Thomas wrote in a probable cause statement. His eyes were bloodshot and watery, he smelled of intoxicants, and he declined to take a breath test, Hazzard-Thomas wrote.

After spending the weekend in the King County Jail in Seattle, Sherman waived his right to appear at a bail hearing Monday. His bail was set at $5,000, and his attorney, Jon Scott Fox, said he expected Sherman to be processed and released quickly.

Sherman in 2022 pleaded guilty in Seattle to two misdemeanor charges stemming from a drunken driving and domestic disturbance the year before. He also admitted to a criminal infraction of speeding in a roadway construction zone.

Sherman's next court appearance is scheduled for Wednesday.
 

BlueTalon

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There's absolutely no reason not to take the roadside breath test. Once the cop has enough of a suspicion of your being intoxicated that he suggests taking a breath test, he's not letting you go unless you take it and pass it. If you don't take it, you're going to the station same as if you took it and failed. The roadside test is only an indicator and not admissible as evidence. It's sole purpose is to give the cop cover should he let you go and you subsequently get into an accident.
I have, on two separate occasions, been extorted for money using a hand held breathalyzer. Both of these situations happened in Ukraine, so I'm not necessarily drawing any parallels with American cops.

The first time, I had had a few beers, so it was probably on my breath. They made me blow, and told me I blew a "3 7". I don't know what three seven means, the only thing I'm confident of is that it isn't referring to BAC the way we know it. The best analogy I can think of is that if you ask what the wind speed is, here you'd get the answer in miles per hour, but there you'd get it in meters per second. It's a completely different number on a completely different scale. So what does 3 7 mean? (I don't know if it's supposed to be 3.7, but I assume so.) I haven't a clue. But they made it quite clear that I was in big trouble and would end up in jail if I didn't pay them off. So I paid them off. At the end of it, they let me drive back to my hotel. (!!!) So the couldn't have been too worried about my driving performance.

The next time it happen, about three weeks later, it was about 11:00 in the morning, and my most previous alcohol consumption was three beers the previous afternoon. The only thing I had on my breath was Halls. The cop who pulled me over gave the stink-breath sign and made me blow. I blew a 3 7.

Wait a freakin blinkin minute. 3 7? Seriously? I had no alcohol at all in my system at that point. That's when I knew those hand held devices could be rigged. That particular cop was corrupt as hell. The problem was I still had to drive across the country from Kharkov to Odessa and catch a flight the next morning. He had me, and he knew it, and I knew it. He held me for a few hours, took all my cash, and eventually let me go. I made it back to my hotel sometime after 3:00am, which allowed me enough time to pack and get a few hours of sleep.

Anyway, I don't trust the handheld devices as far as I can spit. Actually less, 'cause I can spit kinda far.
 

RiverDog

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I have, on two separate occasions, been extorted for money using a hand held breathalyzer. Both of these situations happened in Ukraine, so I'm not necessarily drawing any parallels with American cops.

The first time, I had had a few beers, so it was probably on my breath. They made me blow, and told me I blew a "3 7". I don't know what three seven means, the only thing I'm confident of is that it isn't referring to BAC the way we know it. The best analogy I can think of is that if you ask what the wind speed is, here you'd get the answer in miles per hour, but there you'd get it in meters per second. It's a completely different number on a completely different scale. So what does 3 7 mean? (I don't know if it's supposed to be 3.7, but I assume so.) I haven't a clue. But they made it quite clear that I was in big trouble and would end up in jail if I didn't pay them off. So I paid them off. At the end of it, they let me drive back to my hotel. (!!!) So the couldn't have been too worried about my driving performance.

The next time it happen, about three weeks later, it was about 11:00 in the morning, and my most previous alcohol consumption was three beers the previous afternoon. The only thing I had on my breath was Halls. The cop who pulled me over gave the stink-breath sign and made me blow. I blew a 3 7.

Wait a freakin blinkin minute. 3 7? Seriously? I had no alcohol at all in my system at that point. That's when I knew those hand held devices could be rigged. That particular cop was corrupt as hell. The problem was I still had to drive across the country from Kharkov to Odessa and catch a flight the next morning. He had me, and he knew it, and I knew it. He held me for a few hours, took all my cash, and eventually let me go. I made it back to my hotel sometime after 3:00am, which allowed me enough time to pack and get a few hours of sleep.

Anyway, I don't trust the handheld devices as far as I can spit. Actually less, 'cause I can spit kinda far.
I will never get behind the wheel of a car in a third world country. I've heard too many horror stories about corrupt cops like the one you've just told. And not only is it corrupt cops, but gangs and other criminals can pick out a tourist, car rental, etc. Besides, taxis and hired drivers are usually lots cheaper than they are here.

I don't trust handheld devices, either. But in the case of a roadside breathalyzer...here in the US, that is...you don't have anything to lose. If a cop asks you to take a breath test, there are three possible courses of action: Take it and pass, you might get let go. Take it and fail, you go to the station. Refuse to take it, you go to the station.

If that police report is accurate, Sherman is toast. If he was to the point where he smelled of alcohol and had watery, bloodshot eyes, he's likely going to test well above a .08, more likely twice that. The only question would be how his previous conviction enters into the equation.
 
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BlueTalon

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I don't trust handheld devices, either. But in the case of a roadside breathalyzer...here in the US, that is...you don't have anything to lose. If a cop asks you to take a breath test, there are three possible courses of action: Take it and pass, you might get let go. Take it and fail, you go to the station. Refuse to take it, you go to the station.

If that police report is accurate, Sherman is toast. If he was to the point where he smelled of alcohol and had watery, bloodshot eyes, he's likely going to test well above a .08, more likely twice that. The only question would be how his previous conviction enters into the equation.
It's my opinion that many cops investigating DUI are like hammers -- when you're a hammer, everything looks like a nail. To the cops that specialize in DUI investigations, everything looks like a DUI. And they can get away with saying they smell alcohol whether they actually smell it or not, because at that point it's just your word against theirs, and the body camera doesn't pick up the smell. That's why in cases like Sherman's, I'm not in any rush to come to any conclusions or pass any judgments.

In your experience, how often does it happen that a cop offers a roadside breathalyzer and then actually lets someone go? It seems to me at that point they're probably going to arrest you anyway.

Regarding my trip, I spent about a month in Odessa, driving between my hotel and wherever I wanted to go without any problem. My first pullover happened after a jam at a pub, and I set myself up for it just like a lot of people in this country set themselves up for getting pulled over after a night at a pub. The extortion was a new twist, but if I hadn't been drinking, I doubt they would have done anything. (And to be honest, the extortion cost me less than a DUI charge in the states would have cost.) The second one happened at a remote checkpoint and hour or two from Kharkov. That guy was just a dick.

At any rate, I tried to see about taking a train from Odessa to Kharkov and back, but there weren't any seats available. Oh well.
 

RiverDog

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It's my opinion that many cops investigating DUI are like hammers -- when you're a hammer, everything looks like a nail. To the cops that specialize in DUI investigations, everything looks like a DUI. And they can get away with saying they smell alcohol whether they actually smell it or not, because at that point it's just your word against theirs, and the body camera doesn't pick up the smell. That's why in cases like Sherman's, I'm not in any rush to come to any conclusions or pass any judgments.

In your experience, how often does it happen that a cop offers a roadside breathalyzer and then actually lets someone go? It seems to me at that point they're probably going to arrest you anyway.

Regarding my trip, I spent about a month in Odessa, driving between my hotel and wherever I wanted to go without any problem. My first pullover happened after a jam at a pub, and I set myself up for it just like a lot of people in this country set themselves up for getting pulled over after a night at a pub. The extortion was a new twist, but if I hadn't been drinking, I doubt they would have done anything. (And to be honest, the extortion cost me less than a DUI charge in the states would have cost.) The second one happened at a remote checkpoint and hour or two from Kharkov. That guy was just a dick.

At any rate, I tried to see about taking a train from Odessa to Kharkov and back, but there weren't any seats available. Oh well.
I don't necessarily disagree with your first paragraph, and I particularly agree with your comment about not rushing to judgement on Sherman which is why I was careful to qualify my statement by saying "if the police report is accurate."

As far as my own personal experience with roadside breath tests, I have none. All of my encounters with LE after I had been drinking occurred in the 70's during my college years. All I'm saying is that even if the odds of the cop letting you go after blowing less than the limit is less than 5%, there's still nothing to lose by taking it.

Thanks for sharing your experience about your trip, and you're probably right, the extortion is likely less than a DUI here in the states. Nevertheless, it's an unnecessary risk for the most part, or at least that's been my experience when traveling in foreign countries.

Ironically, next month, I'm heading to Thailand and will spend 10 days in the country.
 

SantaClaraHawk

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Sherm was on a form of probation when this happened. All they needed him to do was not get caught again, and he failed.
 

RiverDog

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Sherm was on a form of probation when this happened. All they needed him to do was not get caught again, and he failed.
I haven't heard an explanation of Sherman's 'probation' period. If it started the day of his arrest, he's probably OK as that occurred in 2021. But if it starts at the day of his sentencing, then he's a few weeks short of the 2 years.

My guess is that it's the latter, but I'm not sure enough about it to make that assumption.

Assuming that they've addressed the yearlong backlog that Geno benefited from, it's likely going to be several months before we hear any more about this story as they won't proceed until they get the toxicology results.
 

SantaClaraHawk

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It was part of his sentence in 2022 for the 2021 conviction, and had not yet expired.

Remember when Sherm stated flatly that he wouldn’t help people in jail?
 
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