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Quick legal perspective on JB's arrest:

Posted on: March 10, 2018 at 13:20:54 CT
TigerMike90 MU
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All of the following is based upon my observations on how these types of matters proceed and not upon any actual knowledge of this particular matter. Based upon reports, I am assuming he was given a single citation and was released on "suspicion" of DWI and not charged. Thus, I assume JB was pulled over for "weaving"/ failure to maintain a single lane and was asked to perform field sobriety tests. We can further assume that he failed those and was asked to submit to a breath test pursuant to the Missouri Implied Consent Statute. I further assume that JB took the test and the alcohol reading for the BAC was UNDER the .08 threshold (If he had refused the test or failed the BAC, he would have been charged that night with DWI as failure to submit to the test, or failure, is prima fascia evidence of guilt). Another fact supporting the above assumptions is that he is then required to sit in jail for the remainder of the morning/night until, I assume, a licensed phlebotomist (blood draw) can be called to take a sample of his blood for testing for narcotics, etc. The testing can take some time as the local police often submit these tests to the Missouri Highway Patrol lab and, except in cases of death or injury, there is no need to rush the test. He was issued a citation for failure to maintain a single lane and given a signature bond. Any further charges will await the test results (I've seen the tests take up to 6 months or more - but given the "high profile" nature of this case, it could be turned around as quickly as few hours). If JB's blood comes back "clean" several weeks/months later and he was in fact under the BAC limit, he would not (we can easily assume) be charged with anything additional and would simply deal with his minor infraction
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Quick legal perspective on JB's arrest: - TigerMike90 MU - 3/10 13:20:54
     so to take punitive action now could or would be premature? - Macgrantt MU - 3/10 14:57:22
     Thanks for posting. Good info.(nm) - DollarSigns MU - 3/10 14:17:15
     Makes a lot of sense to me - MakeShift MU - 3/10 14:10:06
     charges aren't filed by the officer - Ron Swanson MU - 3/10 14:07:43
          Somewhat accurate: - TigerMike90 MU - 3/10 14:15:41
               No. 100% accurate. A police officer does not have the legal - MizzouTigerz MU - 3/10 17:43:24
               you are assuming a lot(nm) - Ron Swanson MU - 3/10 14:21:07
                    Of course, that's why I repeatedly used the words "I assume" - TigerMike90 MU - 3/10 14:33:22
                         Wrong again. JB knows the facts, and the officer knows the - MizzouTigerz MU - 3/10 17:46:22
     Drugs, alcohol or both? (nm) - Fourth and Long MU - 3/10 13:48:14
          Under 577.020, an arresting officer can request 2 of 3 tests - TigerMike90 MU - 3/10 13:55:51
               Can and must are two different things. If you have a valid - MizzouTigerz MU - 3/10 17:48:42
          RE: Drugs, alcohol or both? (nm) - MizzouTigerz MU - 3/10 13:51:40
     Interesting. So, if the above is true. He could potentially - Tiger_Claw MU - 3/10 13:36:01
          blood draws are only requested - Sal KC - 3/10 13:45:28
          If you submit to the breathalyzer, there will be no blood - MizzouTigerz MU - 3/10 13:44:04
               RSMo 570.020, TWO tests can be required form each event (nm) - TigerMike90 MU - 3/10 13:50:45
                    Field sobriety and breathalyzer would suffice. Yes?(nm) - Tiger_Claw MU - 3/10 13:53:57
                         A field sobriety test is not a "test" that provides evidence - Tigrrrr! MU - 3/10 14:31:55
                         Suffice for what? (nm) - TigerMike90 MU - 3/10 13:56:28
                              "TWO tests" (nm) - myself MU - 3/10 13:57:07
                                   Yes. Any one of the above would suffice, or countless other - TigerMike90 MU - 3/10 14:00:06
                    Might want to make sure you are talking about the current - MizzouTigerz MU - 3/10 13:53:14
                         A thousand pardons, RSMo 577.020: - TigerMike90 MU - 3/10 14:03:04
                              RE: A thousand pardons, RSMo 577.020: - MizzouTigerz MU - 3/10 16:44:23
                                   Clearly English is your second language - TigerMike90 MU - 3/10 21:26:43
     Your explanation is lacking/unclear. Charges are filed by - MizzouTigerz MU - 3/10 13:32:32
     thanks for the info. What a mess JB has put CM in. JB may in - MrTruman2U MU - 3/10 13:25:29
     Pretty good summation - Mormad MU - 3/10 13:24:38
     Nothing quick about that, tldr (nm) - Cosmo MU - 3/10 13:22:27
          lol (nm) - Sal KC - 3/10 13:22:47
     He was arrested (nm) - Sal KC - 3/10 13:21:33
          Yes (nm) - TigerMike90 MU - 3/10 13:23:06




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