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Originally posted by Balzé Halzé:

quote:

Originally posted by SR:

I've heard that DWI type cases are hard to win. I had a good friend on a jury. Guy was clearly drunk. The individual was pulled over about a block from their house. One guy was mad the copy didn't let the guy just drive home (the one block) and another just not happy the cop pulled over a drunk. Hung jury.

I'm hoping an attorney will step in and comment. I've wondered if it is hard to get a conviction a DWI case.

In New Jersey (though the incident with Springsteen was on federal land so may not spply) DWI convictions are almost guaranteed as long as the evidence is sound. That's because in New Jersey DWI is not a crime; it is a traffic offense. As such, there is no trial by jury. It is a bench trial with the judge deciding guilt. If the BAC is just over the legal limit or at the legal limit, a good lawyer may have a chance to get you off, but more than likely the judge is siding with the arresting officer.

It was in a NPS area, so while NJ law applies in some respects, he was charged with violating a federal regulation. 36 CFR violations (including DWI) are "petty offenses" and are tried by judge only (usually, a U.S. Magistrate.) No juries, ever, even if it's appealed up to a full District Court judge.

When I see as piss-low BAC but still objective indicators of intoxication, I wonder what other prescription/non-prescription drugs ol' Bruce might have consumed in conjunction with that beer.

Douchery isn't a 36 CFR violation, unfortunately.

Whatever you think of Springsteen personally, the evidence points to this being a chickenshit charge in the first place. He wasn't drunk or under the influence of anything. He was seen by a ranger taking a sip of liquor from a fan while stopped on his motorcycle, and then stopped. If it happened to anybody else we wouldn't even be having this discussion.

^^^^
That is your personal opinion. Nothing more. In most states, refusal is the equivalent of a DUI. The reason being that drunks and substance abusers used to be able to not cooperate with law enforcement knowing that a DUI/DWI case was not winnable without test results or at least field sobriety probably cause.

I have had similar situations where I was able to articulate impairment without a tested bac or SFST's based on my knowledge, training, and experience and observations. Springsteen is a douchebag and thought his "boss" image would carry the day.