No, No, No, You Silly Drunk: Drink First Then Take Field Test

Submitted By Mark Esposito, Guest Blogger

Stephen Supers of  Elyria, Ohio can’t seem to get anything straight. Pulled for speeding, the 25-year-old gave the arresting officer the distinct impression  he was DUI. After failing several field sobriety tests, the alleged offender confirmed the officer’s suspicion and calmed his nerves by slamming back a beer he conveniently had stashed in his car. A subsequent search of the car revealed some other goodies like marijuana. (Quite the mobile pharmacy, you have there, Stephen– allegedly) 

Criminal defense lawyers have often speculated about the propriety of advising their obviously drunk clients to have a drink after being stopped but before agreeing to perform field sobriety tests in an effort to skew test results. Supers, it seems, got the order of events mixed up.

Supers is scheduled to appear in court on charges including driving under the influence, driving under suspension and possession of marijuana. Authorities are said to be mulling more charges. May I suggest felonious stupidity.

Source: Yahoo News

~Mark Esposito, Guest Blogger

21 thoughts on “No, No, No, You Silly Drunk: Drink First Then Take Field Test”

  1. buddha said something about his “Wolverine-style” mutton chops.
    i thought he looked more like a cross between “joe dirt” and “a flock of seagulls”.

    what they didn’t say was if you smoke enough camels you can forget about walkin that mile

  2. Blouise-

    I’d walk a mile for a camel. When I was a kid, we used to say that Camels were the only cigarette that had a picture of the factory on the package.

  3. HenMan,

    During every solar eclipse the camel leaves the bar and pulls out his bugle ….

  4. Blouise-

    I’m surprised I haven’t been sued for defamation by any of the lawyers here. I’ll listen to your camel joke- if it isn’t too stimulating.

  5. HenMan,

    “post hoc” fallacy … lol … I have a camel joke for that …. otherwise, I plead the Fifth

  6. In the Argentinian movie, Man Facing Southeast, the main character, Rantes, a “traveler from elsewhere,” remarks that humans have on weapon against Rantes and others of his life form cannot overcome.

    The weapon, “human stupidity.”

    Impose the death penalty for “felonious stupidity,” and the Earth may become fit for intelligent life, because no humans will exist who would, in stupidity, prevent intelligent life from happening?

    I take it as though a “given,” that my own personal stupidity is at least infinite…

    Anyone else know and understand this about self?

    Why else would I bother with words?

  7. Blouise-

    You said,”Elyria is really a nice little town… lots of lawyers live there.”

    Is that sentence an example of a “post hoc” fallacy?

  8. Pete,

    Elyria is really a nice little town … lots of lawyers live there.

  9. It’s Elyria, Ohio … a town I know well … mutten chops and mullets.

    Back in the 1830’s, Reverend Shipherd, the Presbyterian minister of the First Congregational Church in Elyria left the town in disgust over all the local liquor establishments and went down the road a piece to found Oberlin and Oberlin College. Oberlin College was noted for its advanced thinking in admitting 15 females as students in its first class in Dec. 1833. There was no tuition charged as the students were expected to provide labor in building the town and college. Today tuition for one year plus room and board is approx $55,000. Oberlin awarded the first 4 degrees any American woman earned and the first degree a black woman earned.

    I know the Conservatory well and the town was still dry during my student days … everybody went to Elyria to drink and hang with the “bad boys”!

  10. between the arrest and his haircut i’d say he lost a really large bet.

    or that’s some gooood weed

    maybe he’s been hangin out with willie

  11. No and they never charged them for drinking alcohol in public either…Actually rafflaw, this was a county that even white people were nervous in….it was not one to get in trouble in, not at all….

  12. AY,
    Did the juries find your client(s) guilty of open alcohol in the car at least? Great job on your defense, by the way!

  13. rafflaw,

    I disagree in the disputed defense….. It is a good defense to the “Drunk Driving” I have used it and been successful… When was the person drinking….when did the persons BAC reading take place….if he blew at the scene and then again a short time later…the residual mouth alcohol would still register and skew the reading… I am thinking this is not his first brush with the law….I have had 2 clients that had wrecks and said that they were so upset that they had to drink….jury bought them….

  14. You are spot on Buddha. I think it is his barber who was DWC. Drunk while cutting!
    I don’t think this guy will be too successful in his defense attempts!

  15. The “Wolverine-style” mutton chops are also a bold fashion statement.

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