PDA

View Full Version : Derrick Rose- Passenger in DUI Arrest



Basketball Fan
10-21-2011, 08:34 PM
While its a good thing he wasn't driving he was still an idiot to even be in the same car as someone who was intoxicated...


http://www.tmz.com/2011/10/21/derrick-rose-police-station-dui-randall-hampton-nba-mvp/#comments-anchor



2011 NBA MVP Derrick Rose
Passenger in DUI Arrest




Chicago Bulls superstar Derrick Rose strolled out of an LAPD station at 3:00 AM today ... after his BFF was arrested for DUI ... and Derrick was a passenger in the car.

Law enforcement sources tell TMZ .... the 2011 NBA MVP was a passenger in a black BMW being driven by his close friend and personal assistant Randall Hampton ... when cops stopped the car on a routine traffic violation at around 2:00 AM Friday morning.

When cops spoke to Hampton -- who played high school basketball with Rose -- officers claim they detected the odor of alcohol.

Hampton was given a field sobriety test ... and was eventually arrested on suspicion of DUI. Rose was free to go.

Hampton was hauled to the Hollywood police station, where he was booked. Rose arrived to the station shortly after to check on his friend.

TMZ shot footage of Rose leaving the police station by himself at 3:00 AM ... but he clearly wasn't in the mood to talk.

Hampton has just been released on his own recognizance.

We called Rose's agent to ask why he would allow an allegedly drunk person to drive him around -- but so far no comment.

mildlysane
10-22-2011, 01:53 AM
"Derek Rose, who played against the Indiana Pacers in the NBA Play-offs, was......"
I know, I know...it is old and I am sorry. It is late and I am sleepy and half out of it....so, again, sorry. But,
:laugh::-p:rolleyes:

spreedom
10-22-2011, 08:17 AM
I don't care about this... TMZ is complete garbage.

Basketball Fan
10-22-2011, 11:50 AM
I don't care about this... TMZ is complete garbage.

And you entered this post because....

ErikD.
10-22-2011, 12:10 PM
While its a good thing he wasn't driving he was still an idiot to even be in the same car as someone who was intoxicated...


That's a pretty harsh word considering you don't have all the details. And before you say "what details" or "it's obvious", you don't know how much the guy drank, how far over the limit he was or if D Rose had any idea he was even drinking in the first place.

Basketball Fan
10-22-2011, 12:12 PM
That's a pretty harsh word considering you don't have all the details. And before you say "what details" or "it's obvious", you don't know how much the guy drank, how far over the limit he was or if D Rose had any idea he was even drinking in the first place.



That's the thing its just common sense to not get behind the wheel if you feel you had a little too much to drink. Derrick Rose surely has enough money to get a cab. And while at least he was smart enough to not drive. He should've been smart enough to not get into the car with someone who was drinking. Its cheaper to get a cab than it is to get a defense lawyer. They're fortunate to not have hurt themselves but someone else on the road.

mildlysane
10-22-2011, 12:33 PM
That's the thing its just common sense to not get behind the wheel if you feel you had a little too much to drink. Derrick Rose surely has enough money to get a cab. And while at least he was smart enough to not drive. He should've been smart enough to not get into the car with someone who was drinking. Its cheaper to get a cab than it is to get a defense lawyer. They're fortunate to not have hurt themselves but someone else on the road.
You don't really know if Rose even knew that his partner was drinking. He could have been the Designated Driver and sneaked a few drinks. Doesn't take that much to be over the limit.

graphic-er
10-22-2011, 12:35 PM
Who knows how much the guy had to drink, the legal limit is usually set for the lowest common denominator, young teenagers and small women.

righteouscool
10-22-2011, 01:02 PM
Who knows how much the guy had to drink, the legal limit is usually set for the lowest common denominator, young teenagers and small women.

Yeah, I have an app on my phone to tell me when I'm good to drive because the legal limit for me is done after a few beers. We're talking 6-7% beers, but sometimes I feel completely fine at .08

Regardless, the law is the law and that's why I don't drive when I go out for a heavy night of drinking. That being said, I can't really fault someone for being a passenger in the car. For all we know, Rose could of been picked up by this dude and had no idea he drank earlier.

spreedom
10-22-2011, 02:14 PM
And you entered this post because....


Sorry, I didn't mean for that to appear directed towards you. Thanks for sharing... but I don't really look at Rose any differently because of this. And TMZ can suck it. That's all I meant to say.

judicata
10-23-2011, 04:40 AM
Never, ever, ever, ever take a field sobriety test. You can "fail" stone-cold sober.

graphic-er
10-23-2011, 07:17 PM
Never, ever, ever, ever take a field sobriety test. You can "fail" stone-cold sober.

If you don't take one, then you go to jail....
Truthfully I've always wondered how the whole walk in a straight line and touch your nose indicates anybody under the influence of alcohol. There are some people who could never do that. Some people have a bad equilibrium. Somepeople are tired, some people are drunk. How do you tell who is what?

judicata
10-23-2011, 08:23 PM
If you don't take one, then you go to jail....
Truthfully I've always wondered how the whole walk in a straight line and touch your nose indicates anybody under the influence of alcohol. There are some people who could never do that. Some people have a bad equilibrium. Somepeople are tired, some people are drunk. How do you tell who is what?

Maybe in Indiana. Not in NC or CA. You do have to go to the station for the blood draw. If you refuse that, you usually lose your license. You can be convicted of a DUI even if you blow less than .08 with a little testimony about your field sobriety test, your driving, and the officer's sense of smell.

Again, Indiana may be different.

Roaming Gnome
10-24-2011, 12:47 AM
Maybe in Indiana. Not in NC or CA. You do have to go to the station for the blood draw. If you refuse that, you usually lose your license. You can be convicted of a DUI even if you blow less than .08 with a little testimony about your field sobriety test, your driving, and the officer's sense of smell.

Again, Indiana may be different.

From what I understand, you can request the blood draw at the station instead of playing "stupid human tricks" on the side of the road here in Indiana. More times than not, the officer has already had a good look into your sobriety within the few minutes of talking to you from your window...

Bball
10-24-2011, 02:43 AM
From what I understand, you can request the blood draw at the station instead of playing "stupid human tricks" on the side of the road here in Indiana. More times than not, the officer has already had a good look into your sobriety within the few minutes of talking to you from your window...

Technically, last time I looked at the law anyway, you are correct to a point as far as FST's and refusal. You can request a blood draw if you want but Indiana law doesn't give you any right to receive that just because it's your preference. You'll get what the trooper or officer wants you to have as far as the official test (or whether he wants to move forward with the stop and his suspicions at all). ... and in all likelihood that will be the breathtest down at the station...

The portable breath test (AKA: PBT) is an unofficial roadside test administered at the stop that can be used as probable cause and show the officer whether his suspicion that you are legally intoxicated might have merit. In fact, you could PASS that test and not reach .08 and could still be required to take the breathalyzer at the station because the officer believes you are intoxicated and the PBT is at least showing you've been drinking. That is not the same as the breathalyzer at the station which is the one you have no right of refusal and must take (or face automatic license suspension for refusal).

As far as the "stupid human tricks" portion of the FST's.... those are subjective tests. It's not a black and white pass/fail. What you and any observers might think would be a 'pass' could be deemed a failure on the subjective opinion of the officer. In most cases (if you fail the breathalyzer) you will fail those tests on paper, it's just a question of how badly. A pessimist might say the purpose of those tests aren't necessarily to demonstrate your sobriety, they are to strengthen the state's case when coupled with the official breathalyzer (not the PBT)... which is really the only thing that counts.

That speaks to Indiana... I do believe some states do offer you the ability to choose what chemical test you receive if the officer deems you need to be 'officially' tested.

:themoreyouknow:

vapacersfan
10-24-2011, 07:44 AM
VA is diffrent. If you refuse the PBT, your license is suspended for 12 months on the spot, period, end of story.

mildlysane
10-24-2011, 12:31 PM
VA is diffrent. If you refuse the PBT, your license is suspended for 12 months on the spot, period, end of story.
Lawyers here in Florida are on the radio all the time saying to refuse the test. You will lose your license, but they say they can get it back for you and the problems that arise from NOT taking the test, pale in comparison to a DUI. Just a loophole, really. I am just glad I left my drinking days behind me years ago.

vapacersfan
10-24-2011, 02:35 PM
Lawyers here in Florida are on the radio all the time saying to refuse the test. You will lose your license, but they say they can get it back for you and the problems that arise from NOT taking the test, pale in comparison to a DUI. Just a loophole, really. I am just glad I left my drinking days behind me years ago.

Same thing is said here, but I have heard the laws for not taking it are so strict you are damned either way.

Simple solution: dont drink and drive

Since86
10-24-2011, 03:19 PM
I work in the insurance field, and I primarily deal with auto insurance. You're going to be dealt with the exact same way whether you take the test or if you refuse it on this end.

But Indiana has an automatic 12month suspension if you refuse to take the test.

If you do take the test, and fail, the license suspension depends on whether or not you're a first time offender. First timers get 90 days. I would imagine that the second time depends on how much time was inbetween the two. A friend of mine recently got his seoncd one* and lost them for another 90 days.

They stay on your record for 5 years.

All in all around here it's about $3,000 for your DUI counting lawyer fees and court costs. You'll be given a year probation and you'll serve your 90days suspension and then life goes on.

IMHO, I'd rather spend $3000 and have my license after 90 days instead of not having them for 365 days.

Plus, even if you refuse they will just get a warrant and take a blood draw anyways, so unless you think you're on the border and will be under within 30mins to an hour, I would just take the test.



* - I was actually with him when he got his second one. We were boating and our DD couldn't back up the trailer for the jetskis, so he backed it down. I was given a a field test, with no shoes on, in gravel, on the freaking boat ramp. Of course I failed it. So I was taken into the police PD, still with no shoes, no shirt, no cell phone, no wallet/ID. Hooked me up to their breath test in the station, blew a 0.06, so they literally openned the door and booted me out.

Didn't let me call anyone. Didn't let me wait inside for our ride that we were hoping was coming. Just told me to leave, just in board shorts in Liberty IN where I didn't know a single person at 11pm on a Sunday night.

Oh, and I got tested because I was riding one of the jetskis to put it on the trailer.

vapacersfan
10-24-2011, 06:40 PM
The average cost in VA in 5-7K, and you have to take 2 different AA type classes (Not AA, but you get my point)

Cannot speak for insurance at all, though I did just get a speeding lowered to a failure to fix a fixit ticket, curious how that will effect my insurance

Stryder
10-24-2011, 07:10 PM
I work in the insurance field, and I primarily deal with auto insurance. You're going to be dealt with the exact same way whether you take the test or if you refuse it on this end.

But Indiana has an automatic 12month suspension if you refuse to take the test.

If you do take the test, and fail, the license suspension depends on whether or not you're a first time offender. First timers get 90 days. I would imagine that the second time depends on how much time was inbetween the two. A friend of mine recently got his seoncd one* and lost them for another 90 days.

They stay on your record for 5 years.

All in all around here it's about $3,000 for your DUI counting lawyer fees and court costs. You'll be given a year probation and you'll serve your 90days suspension and then life goes on.

IMHO, I'd rather spend $3000 and have my license after 90 days instead of not having them for 365 days.

Plus, even if you refuse they will just get a warrant and take a blood draw anyways, so unless you think you're on the border and will be under within 30mins to an hour, I would just take the test.



* - I was actually with him when he got his second one. We were boating and our DD couldn't back up the trailer for the jetskis, so he backed it down. I was given a a field test, with no shoes on, in gravel, on the freaking boat ramp. Of course I failed it. So I was taken into the police PD, still with no shoes, no shirt, no cell phone, no wallet/ID. Hooked me up to their breath test in the station, blew a 0.06, so they literally openned the door and booted me out.

Didn't let me call anyone. Didn't let me wait inside for our ride that we were hoping was coming. Just told me to leave, just in board shorts in Liberty IN where I didn't know a single person at 11pm on a Sunday night.

Oh, and I got tested because I was riding one of the jetskis to put it on the trailer.

Don't the laws in Indiana vary too depending in the BAC, ie less than 0.15% or greater than or equal to 0.15%?

Since86
10-25-2011, 01:35 PM
Don't the laws in Indiana vary too depending in the BAC, ie less than 0.15% or greater than or equal to 0.15%?

That's what I've been told, but once the plea bargain comes in (usually with deferral) the DA drops it down to just one count. But in the arrest log at the Star Press, they do state the BAC level when just reporting the arrest.

Here's an example

Kwekwe, James Y., 27, Muncie, operating a vehicle while intoxicated: endangering a person

http://www.thestarpress.com/article/20111025/BUSTED/111025007/Monday-s-Delaware-County-arrest-log


Lacey, Charles Patrick, 21, Muncie, operating a vehicle while intoxicated with a blood alcohol content of .15 percent or greater

http://www.thestarpress.com/article/20111021/BUSTED/111021008/Thursday-s-Delaware-County-arrest-log?odyssey=topicpage


Another interesting factoid about Indiana law....

If you're involved in an accident, and your BAC is above 0.04 you can still be charged with DWI.