On Fri, 12 Feb 2021 07:03:40 -0800 (PST), trader_4
wrote:

On Thursday, February 11, 2021 at 2:30:53 PM UTC-5, wrote:
On Thu, 11 Feb 2021 12:56:38 -0500, Ed Pawlowski wrote:

On 2/11/2021 12:04 PM, trader_4 wrote:
On Thursday, February 11, 2021 at 8:57:49 AM UTC-5, trader_4 wrote:

I found some more details, maybe Bruce isn't a drunk skunk at all.
The story is that he was riding his motorcycle in the park, some fans spotted
him, he pulled over, they took some pics, then someone offered him a shot
or two of tequila which he drank while sitting on the bike. This was in
view of park rangers. When he rode off, they stopped him. The arrest
report says he failed eye tests, failed the walk test by going way past the
instructed X number of tests, was wobbling when doing the eye test,
initially refused the breathalyzer. But when he did take the test, he blew
.02. What is unknown is the timing, like was it hours later when he finally
took it? If it was near the time he was pulled over, then I don't see how
he could be drunk.

Also, there is another angle here that the media hasn't brought up. And
that is that in the Gateway National Recreation area alcohol was allowed,
up until just a few years ago. It's possible Bruce didn't know that it was
no longer illegal. But in any case, I sure wouldn't be taking shots while
sitting on a bike in public and for damn sure not in view of park rangers.
With the .02 reading, unless that was hours later, I don't know why the
rangers would have arrested him. The arrest report also said that he
was cooperative, so that's not an issue. Seems like it should have been
a ticket for alcohol, at most.





I've seen the test done on TV. Usually, it is at least some minutes
since the last drink. I don't know if it would be affected if you had a
shot just minutes before and your mouth had residue. State laws vary
but refusing the test can result in immediate suspension.

The rest of the test seems to have not gone well though.
The rule is they need to talk to you, test or whatever for at least 20
minutes before they can have you blow. This is time to eliminate any
residual alcohol in your mouth. Then if you blow a bad number they can
arrest you on suspicion of DUI. (most road side tests are not
evidentiary). Then they give you another test with calibrated
equipment that is evidence. At least that was the way it worked the
last time my cop buddies explained it to me.
The DMV can suspend your license for refusing the test
administratively but a decent lawyer can usually get it back. If you
blow a bad number, it is harder to get your license back and you have
given the state evidence the 5th amendment says you didn't have to.

If the story Trader says is true, I am not sure how they got a
conviction for DUI.

They didn't get a conviction, the case has not gone to trial yet.

My bad I meant GET a conviction


The physical tests are very subjective,
particularly with senior citizens like Bruce (71). I am in a PT venue
once a week looking at people much younger than him who can't put one
foot in front of the other when they walk.