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Dominic Rhodes Under Arrest

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  • #46
    Re: Dominic Rhodes Under Arrest

    So that's what they mean when they call someone "**** drunk"

    Comment


    • #47
      Re: Dominic Rhodes Under Arrest

      He peed on himself? Well, at least now we know why he was driving so fast.

      Yikes.
      The poster formerly known as Rimfire

      Comment


      • #48
        Re: Dominic Rhodes Under Arrest

        Just so you guys know.... It is nearly impossible to 'pass' FST's since the pass/fail grade is fairly subjective. Also, the 'grade' is handed out only after the arrest has been made and the paperwork filed.

        Am I saying a police officer would lie? No....
        I'm saying what he might call a failure would not be called a failure by anyone watching the tests. The perception is that a failure is someone staggering down the straight line, missing their nose entirely with their index finger (or pinky), falling over, etc..

        If the policeman is asked (via deposition or on the stand (tho it would be stupid to ask it on the stand in trial unless you had video tape or the deposition in your arsenal as a defense atty)) to actually describe the test and performance, what he rates as the reason for the failure can be arguably fairly insignificant (especially to a jury).

        An example, in the 'walk and turn' test you're expected to keep your hands at your side. If at any point, including the turn, your hands don't remain RIGIDLY at your side the officer could deem that a failure even if you walked the line perfectly. His paperwork won't say you walked the line perfectly, it'll just mention your inability to keep your hands at your side as requested and a mark of 'fail'.

        Another example would be the 'one legged stand'. The officer could instruct you to count (as you hold one leg off the ground) "1000-1, 1000-2, 1000-3..."
        And you raise your leg and count "1-1000, 2-1000, 3-1000...." He can call that a failure even if you maintained your balance perfectly fine (you didn't count EXACTLY as he'd instructed).

        And of course none of this stuff is exactly easy in the first place. It's typically late, dark, you're nervous (whether you've had a drink or not), embarassed, you're not on level ground, there could be wind, an old injury, tiredness, etc all at play.

        Most attys will tell you that the FST's aren't so much to prove your sobriety as just give the officer more evidence against you. By the time you're taking the FST's the officer has a pretty good idea that he's going to be making an arrest or else he wouldn't be asking you to do them in the first place. So obviously his opinion on a subjective pass/fail will skew toward fail. And he doesn't have to give you the grade right then, it'll only be after the PBT and if that is a fail (or close) then after you take the breathalyzer at the station (and if that is a fail) only then will he actually put his grades into writing.

        Now, one of the failed FST's could've been the eye test. We'll need a doctor or doctor of optometry to speak to that.

        And in the 'never do that' category- When Rhodes said he'd had '2 or 3 alcoholic drinks'. A prosecutor can make hay with that all day long. "Is it 2 or is it 3? You don't know? Then it could be 4 couldn't it... afterall you don't know... 2...3...4... maybe 5. You weren't counting were you?"

        Of course another question is whether once he was in custody he kept talking or requested an atty.

        At .09 the margin of error can be a big factor here (I'd expect that breathalyzer (if in fact that is what was used) to have its records thoroughly checked and I'd expect an expert to be lined up who will speak to the effects of raw alcohol and other false positive scenarios should this go to trial. And there's certain procedures that must be followed in regards to the breathalyzer so you can rest assured those will be taken into account.

        I wouldn't convict him just yet on what little we've heard. Hearing he failed a couple of FST's without hearing the FST performance described in detail really means nothing to us on the outside looking in.

        And this- "GMC Yukon drive onto the shoulder briefly" isn't exactly 'bad'. He could've said swerving, driving erratic, etc if he'd really observed anything too bad.

        Of course there's still the 82 in a 55.

        I'm not defending drunken driving... just explaining how the system might work and what his atty will be looking at.

        Maybe Skaut or Marion Deputy can add or correct anything if I've got anything wrong or maybe need more elaboration from the State's side of things.



        -Bball
        Nuntius was right for a while. I was wrong for a while. But ultimately I was right and Frank Vogel has been let go.

        ------

        "A player who makes a team great is more valuable than a great player. Losing yourself in the group, for the good of the group, that’s teamwork."

        -John Wooden

        Comment


        • #49
          Re: Dominic Rhodes Under Arrest

          Originally posted by Bball View Post
          Just so you guys know.... It is nearly impossible to 'pass' FST's since the pass/fail grade is fairly subjective. Also, the 'grade' is handed out only after the arrest has been made and the paperwork filed.

          Am I saying a police officer would lie? No....
          I'm saying what he might call a failure would not be called a failure by anyone watching the tests. The perception is that a failure is someone staggering down the straight line, missing their nose entirely with their index finger (or pinky), falling over, etc..

          If the policeman is asked (via deposition or on the stand (tho it would be stupid to ask it on the stand in trial unless you had video tape or the deposition in your arsenal as a defense atty)) to actually describe the test and performance, what he rates as the reason for the failure can be arguably fairly insignificant (especially to a jury).

          An example, in the 'walk and turn' test you're expected to keep your hands at your side. If at any point, including the turn, your hands don't remain RIGIDLY at your side the officer could deem that a failure even if you walked the line perfectly. His paperwork won't say you walked the line perfectly, it'll just mention your inability to keep your hands at your side as requested and a mark of 'fail'.

          Another example would be the 'one legged stand'. The officer could instruct you to count (as you hold one leg off the ground) "1000-1, 1000-2, 1000-3..."
          And you raise your leg and count "1-1000, 2-1000, 3-1000...." He can call that a failure even if you maintained your balance perfectly fine (you didn't count EXACTLY as he'd instructed).

          And of course none of this stuff is exactly easy in the first place. It's typically late, dark, you're nervous (whether you've had a drink or not), embarassed, you're not on level ground, there could be wind, an old injury, tiredness, etc all at play.

          Most attys will tell you that the FST's aren't so much to prove your sobriety as just give the officer more evidence against you. By the time you're taking the FST's the officer has a pretty good idea that he's going to be making an arrest or else he wouldn't be asking you to do them in the first place. So obviously his opinion on a subjective pass/fail will skew toward fail. And he doesn't have to give you the grade right then, it'll only be after the PBT and if that is a fail (or close) then after you take the breathalyzer at the station (and if that is a fail) only then will he actually put his grades into writing.

          Now, one of the failed FST's could've been the eye test. We'll need a doctor or doctor of optometry to speak to that.

          And in the 'never do that' category- When Rhodes said he'd had '2 or 3 alcoholic drinks'. A prosecutor can make hay with that all day long. "Is it 2 or is it 3? You don't know? Then it could be 4 couldn't it... afterall you don't know... 2...3...4... maybe 5. You weren't counting were you?"

          Of course another question is whether once he was in custody he kept talking or requested an atty.

          At .09 the margin of error can be a big factor here (I'd expect that breathalyzer (if in fact that is what was used) to have its records thoroughly checked and I'd expect an expert to be lined up who will speak to the effects of raw alcohol and other false positive scenarios should this go to trial. And there's certain procedures that must be followed in regards to the breathalyzer so you can rest assured those will be taken into account.

          I wouldn't convict him just yet on what little we've heard. Hearing he failed a couple of FST's without hearing the FST performance described in detail really means nothing to us on the outside looking in.

          And this- "GMC Yukon drive onto the shoulder briefly" isn't exactly 'bad'. He could've said swerving, driving erratic, etc if he'd really observed anything too bad.

          Of course there's still the 82 in a 55.

          I'm not defending drunken driving... just explaining how the system might work and what his atty will be looking at.

          Maybe Skaut or Marion Deputy can add or correct anything if I've got anything wrong or maybe need more elaboration from the State's side of things.



          -Bball
          Dude, he pissed himself and "Later" blew a .09, which means it was higher, possibly much higher while he was driving.

          This makes me sick. The guy is dead to rights, and you're sitting there defending him like he's a choir boy. Just make sure you defend Jamaal and Marquis this vehemently the next time they get in trouble. After all, that would be their 2nd arrest, which Dom has already matched or even exceeded.

          Comment


          • #50
            Re: Dominic Rhodes Under Arrest

            Originally posted by Eindar View Post
            Dude, he pissed himself and "Later" blew a .09, which means it was higher, possibly much higher while he was driving.

            This makes me sick. The guy is dead to rights, and you're sitting there defending him like he's a choir boy. Just make sure you defend Jamaal and Marquis this vehemently the next time they get in trouble. After all, that would be their 2nd arrest, which Dom has already matched or even exceeded.
            I said:
            "I'm not defending drunken driving... just explaining how the system might work and what his atty will be looking at."

            And as far as that .09 being on the way down... There's no way to know that from the facts that are presented. It could be going up... it could be going down.... and it could be wrong.

            But, since you missed it the first time: I'm not making a position one way or the other I am just explaining how this might play out legally IF they choose to fight it. Which doesn't mean he'll get any traction at all. And he might agree that he was 'dead to rights' and just plead guilty.

            Jamaal and Quis could've just walked away and there's no case. If they did that, or if they tried and had to fight their way out for fear of their lives, then I'll be glad to defend them.

            But then again, I'm not defending Dom... I'm explaining what his atty would most likely be looking at IF they chose to fight this.

            -Bball
            Nuntius was right for a while. I was wrong for a while. But ultimately I was right and Frank Vogel has been let go.

            ------

            "A player who makes a team great is more valuable than a great player. Losing yourself in the group, for the good of the group, that’s teamwork."

            -John Wooden

            Comment


            • #51
              Re: Dominic Rhodes Under Arrest

              Sir, I gotta go.....
              PSN: MRat731 XBL: MRat0731

              Comment


              • #52
                Re: Dominic Rhodes Under Arrest

                Dominic had no problems with this stuff until he spent a day at Disney World with that Mickey Mouse guy. It has to be MM's influence that turned DR to the dark side.

                Peeing on himself is bad. Maybe he was just nervous and has a weak bladder. After all he took a pounding in Miami just days prior to this speeding incident.



                82 mph at 3:00 am is normal for Indy. Even in the daytime if you don't drive 80 you could get run over by the fast traffic. If you drive around 465 in the home of the Indy 500 you had better be fast.

                Comment


                • #53
                  Re: Dominic Rhodes Under Arrest

                  He's either an extreme light weight, which I doubt, or he really had to go.

                  There's no way he was "**** drunk" at .09. At .09 I'm just catching a buzz, and he outweighs me by over 10lbs.
                  Just because you're offended, doesn't mean you're right.” ― Ricky Gervais.

                  Comment


                  • #54
                    Re: Dominic Rhodes Under Arrest

                    Originally posted by Since86 View Post
                    He's either an extreme light weight, which I doubt, or he really had to go.

                    There's no way he was "**** drunk" at .09. At .09 I'm just catching a buzz, and he outweighs me by over 10lbs.
                    Um, uh ...
                    The poster formerly known as Rimfire

                    Comment


                    • #55
                      Re: Dominic Rhodes Under Arrest

                      Originally posted by Since86 View Post
                      He's either an extreme light weight, which I doubt, or he really had to go.

                      There's no way he was "**** drunk" at .09. At .09 I'm just catching a buzz, and he outweighs me by over 10lbs.
                      Flawed logic. Invalid argument.

                      Comment


                      • #56
                        Re: Dominic Rhodes Under Arrest

                        You don't lose control of bodily functions at .09.

                        Up until 2002, .10 was the legal driving limit. Do you really think that it would have even been that if at .09 you lose control of bodily functions?

                        I seriously doubt he was "**** drunk." I'm not defending his actions, he should be punished if he was driving while intoxicated.
                        Just because you're offended, doesn't mean you're right.” ― Ricky Gervais.

                        Comment


                        • #57
                          Re: Dominic Rhodes Under Arrest

                          Not a smart move for a free agent.
                          If you asking yourself Cato or Dom, does this change your choice?
                          I sure do like the 2 running back approach.
                          Who knows? I do think Polian & Dungy will make the right call.
                          1 - 2, Tinsley's coming for you.
                          3 - 4, You're not a team no more.
                          5 - 6, He's gonna plead the 5th.
                          7 - 8, He's gonna stay out late.



                          Comment


                          • #58
                            Re: Dominic Rhodes Under Arrest

                            Not a smart move for a free agent.
                            If you asking yourself Cato or Dom, does this change your choice?
                            I sure do like the 2 running back approach.
                            Who knows? I do think Polian & Dungy will make the right call.

                            They always say how they want a team that did things the right way.
                            1 - 2, Tinsley's coming for you.
                            3 - 4, You're not a team no more.
                            5 - 6, He's gonna plead the 5th.
                            7 - 8, He's gonna stay out late.



                            Comment


                            • #59
                              Re: Dominic Rhodes Under Arrest

                              Colts' Rhodes will keep license for now

                              By Vic Ryckaert
                              vic.ryckaert@indystar.com
                              February 26, 2007

                              A Marion County judge allowed Indianapolis Colts running back Dominic Rhodes to keep his driver?s license Monday after a defense attorney argued there were inconsistencies between two police documents filed in the drunken driving case.

                              Superior Court Judge Barbara Collins sided with Rhodes? lawyers and took the unusual step of reinstating the license of an accused drunken driver while he awaits trial. A license suspension is typically automatic, but in this case, the judge found that the arresting officer failed to properly file his paperwork.

                              ?The court did not suspend the driver?s license because the affidavits were inconsistent,? defense attorney James Voyles said.

                              The ruling only postpones the suspension of Rhodes? license, said David Wyser, the Marion County prosecutor?s chief trial deputy.

                              ?You can?t change the fact that he blew a .09 (blood-alcohol level),? Wyser said. ?We only have to prove he blew a .08 or higher.?

                              On Feb 20, Indiana State Police Trooper Ahmad I. Hafez stopped Rhodes in a silver GMC at 3:02 a.m. on northbound I-65 near 71st Street. Rhodes was driving 81 mph in a 55-mph zone and briefly swerved onto the shoulder of the road, according to court records.

                              Rhodes, 28, was charged with misdemeanor operating a vehicle while intoxicated.
                              If convicted Rhodes could receive up to a one-year sentence. A conviction on a first-time offense typically results in probation, a fine and treatment.

                              His contract with the Colts expires this week ? and a game-high 113 yards rushing in the Colts? Super Bowl victory over Chicago had given him a chance for a contract windfall when the NFL?s free agent signing period begins Friday.

                              Rhodes started all 16 regular-season games in 2006, rushing for 641 yards and five touchdowns while sharing running back duties with rookie Joseph Addai. The six-year veteran has rushed for 2,274 yards in his career.
                              IndyStar*com

                              Why Not Us ?

                              Comment


                              • #60
                                Re: Dominic Rhodes Under Arrest

                                Colts' Rhodes will keep license for now

                                By Vic Ryckaert
                                vic.ryckaert@indystar.com
                                February 26, 2007


                                A Marion County judge allowed Indianapolis Colts running back Dominic Rhodes to keep his driver?s license Monday after a defense attorney argued there were inconsistencies between two police documents filed in the drunken driving case.

                                Superior Court Judge Barbara Collins sided with Rhodes' lawyers and took the unusual step of reinstating the license of an accused drunken driver while he awaits trial. A license suspension is typically automatic, but in this case, the judge found that the arresting officer failed to properly file his paperwork.

                                The court did not suspend the driver's license because the affidavits were inconsistent, defense attorney James Voyles said.

                                The ruling only postpones the suspension of Rhodes? license, said David Wyser, the Marion County prosecutor's chief trial deputy.

                                You can't change the fact that he blew a .09 (blood-alcohol level), Wyser said. We only have to prove he blew a .08 or higher.

                                On Feb 20, Indiana State Police Trooper Ahmad I. Hafez stopped Rhodes in a silver GMC at 3:02 a.m. on northbound I-65 near 71st Street. Rhodes was driving 81 mph in a 55-mph zone and briefly swerved onto the shoulder of the road, according to court records.

                                Rhodes, 28, was charged with misdemeanor operating a vehicle while intoxicated.
                                If convicted Rhodes could receive up to a one-year sentence. A conviction on a first-time offense typically results in probation, a fine and treatment.

                                His contract with the Colts expires this week and a game-high 113 yards rushing in the Colts? Super Bowl victory over Chicago had given him a chance for a contract windfall when the NFL's free agent signing period begins Friday.
                                Indy*Star

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