Cops: Man awaiting sobriety test takes last swig

[Buttercup]

BELLEVIEW, Fla. – Authorities said a central Florida man took one last swig of alcohol while waiting to take a sobriety test. Marion County Sheriff's deputies stopped 61-year-old Dana Seaman after noticing his car swerve three times. Seaman said he'd been drinking and agreed to a sobriety test. But first, Deputy Eric Larson said he watched Seaman drink from a cup and toss it under the passenger seat. According to a police report, the cup smelled strongly of alcohol.


Seaman refused a breath test. He has been charged with DUI.


A message left for Seaman was not immediately returned Monday.

Cops: Man awaiting sobriety test takes last swig - Yahoo! News

[Ducky]

Maybe he decided that there are some things he couldn't cope with while sober?

[Bob Loblaw]

Maybe his horrible last name is what's driving him to drinking!!!!

[Buttercup]

Maybe his horrible last name is what's driving him to drinking!!!!

I confess that after I read the last sentence in what I quoted I thought, "well I'm not surprised."

[GirlInBrown]

Don't know what the OWI law is down there, and without knowing all the details... but around here, he would probably get out of this charge based on just what is seen here..... Prove he was over the legal limit while operating the vehicle before the last consumption that was witnessed by the officer.....interesting to see how this turns out.

[Bob Loblaw]

Don't know what the OWI law is down there, and without knowing all the details... but around here, he would probably get out of this charge based on just what is seen here..... Prove he was over the legal limit while operating the vehicle before the last consumption that was witnessed by the officer.....interesting to see how this turns out.

I would think that the observed driving behavior, combined with the arresting officer's observations of MR. SEAMAN which resulted in the Officer deciding that the guy was drunk and field tests were necessary would probably be enough to sustain a conviction. However, a lot of that depends on the Officer's articulation. No huge difference here between this an a DUI/OWI refusal. In the end, you still don't have breath or blood results as evidence...just the Officer's observations.

[Captain America]

I would think that the observed driving behavior, combined with the arresting officer's observations of MR. SEAMAN which resulted in the Officer deciding that the guy was drunk and field tests were necessary would probably be enough to sustain a conviction. However, a lot of that depends on the Officer's articulation. No huge difference here between this an a DUI/OWI refusal. In the end, you still don't have breath or blood results as evidence...just the Officer's observations.

I think what G.I.B. was saying is that the jackass's lawyer will argue that his poor client was not intoxicated while he was operating the vehicle and that he became so unnerved at being stopped by the mean ol' police ,what with all the unjustified police beating and taserings he sees in the mainstream media that he took a big swig of his priest's sacremental wine , which the priest left in his client's car after his client gave the priest a ride because the priest was walking in the rain, and the officer's observations after the swig don't count because his intoxication occurred after he was pulled over.
Sounds just silly enough to work here.

[pgg]

I think what G.I.B. was saying is that the jackass's lawyer will argue that his poor client was not intoxicated while he was operating the vehicle and that he became so unnerved at being stopped by the mean ol' police ,what with all the unjustified police beating and taserings he sees in the mainstream media that he took a big swig of his priest's sacremental wine , which the priest left in his client's car after his client gave the priest a ride because the priest was walking in the rain, and the officer's observations after the swig don't count because his intoxication occurred after he was pulled over.
Sounds just silly enough to work here.

Thats exactly what lawyers try to pull here

[Bob Loblaw]

and the officer's observations after the swig don't count because his intoxication occurred after he was pulled over.
Sounds just silly enough to work here.

that'd have to be a BIG ASS swig!

[GirlInBrown]

BL..
I agree that if there is enough PC for the arrest prior to the "swigging" the the arrest is good...but Cpt America is right....it's the defense angle I was referring to, the guy drinking prior to any sobriety testing just puts some holes in the case. OWI cases are a huge headache...requires more paper than anything else..all because of defense attorneys, and finding loopholes.....

[ISPTI]

BL..
I agree that if there is enough PC for the arrest prior to the "swigging" the the arrest is good...but Cpt America is right....it's the defense angle I was referring to, the guy drinking prior to any sobriety testing just puts some holes in the case. OWI cases are a huge headache...requires more paper than anything else..all because of defense attorneys, and finding loopholes.....

You're right, OWI's have become entirely too complicated for their own good. It seems like lawyers put way more effort into a misdemeanor OWI that they do some felonys... It's annoying for something that should be relatively simple.