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Henry Breathalyzer results thrown out!!


bwillycuse

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he still faces the testimony of the arresting officer, so don't hold your breath.

Actually, w/o the breathalyzer results, he cannot be charged w/ a DUI

I thought that the testimony by the minors was deemed "flawed" back in October.

Anyway, I think this cat has used up 8 of his nine lives.

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he still faces the testimony of the arresting officer, so don't hold your breath.

I thought that the testimony by the minors was deemed "flawed" back in October.

Anyway, I think this cat has used up 8 of his nine lives.

yeah, I remember reading about that. I believe that there were Major doubts as to the reliability, and credibility of the girls in question. I seem to recall that some of the stories had changed from the original police report as well.

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Well as far as the alcohol for the minors, there was a blow to that case when it was tied in with the rape charge. Since the woman who accused Henry of sexually assaulting her changed her story, and then later on murdered some guy, a large shadow has been placed over that entire night.

Henry should count 8 of his nine lives on the fact that he wasn't the one murdered by that chick. From what I have gathered from the case, she was some kind of a hooker and the guy she killed was one of her would-be Johns. So I wonder if this group of underage chicks was Henry and some buddies out collecting a little street trash to pay for some kind of party?

<_<

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Well as far as the alcohol for the minors, there was a blow to that case when it was tied in with the rape charge. Since the woman who accused Henry of sexually assaulting her changed her story, and then later on murdered some guy, a large shadow has been placed over that entire night.

Henry should count 8 of his nine lives on the fact that he wasn't the one murdered by that chick. From what I have gathered from the case, she was some kind of a hooker and the guy she killed was one of her would-be Johns. So I wonder if this group of underage chicks was Henry and some buddies out collecting a little street trash to pay for some kind of party?

<_<

Nothin wrong with a little hooker here and there. I just hope that the bitch doesn't come trying to kill me...

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Does anyone know if Henry did any other type of field sobriety test? If he did and failed them then he still could get convicted of the DUI.

You can not get convicted of drunk driving (OVI) without the breathalyzer results; that's the ONLY thing that will stand up in court. The field sobriety tests are to determine probable cause to administer a breathalyzer test. You can fail all the FSTs in the world, but w/out breathalyzer results saying your blood-alcohol level was over the legal limit, the only thing you can be charged with would be what originally got him pulled over in the first place (speeding, reckless operation, tail light out, whatever).

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One of the articles said that there was video of the arrest that was not reviewed during the hearing to dismiss the breathalizer, so presumably he did take a field sobriety test (my assumption here) and this would be the basis of the testimony of the arresting officer.

Now, the next question is what was the probable cause for Henry to be pulled over in the first place? If there is no basis, then the whole thing could be thrown out, especially considering no breathalizer. I'm sure that this is what the prosecutor and the defense are looking at now. Course now that I am thinking about this, he was pulled over for speeding, right?

Note that even if Henry pleads he gets an NFL suspension. He has to be acquitted or the case dismissed to result in no further action from the NFL. Unless it becomes a simple speeding/traffic violation and not substance/alcohol releated...

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Well as far as the alcohol for the minors, there was a blow to that case when it was tied in with the rape charge. Since the woman who accused Henry of sexually assaulting her changed her story, and then later on murdered some guy, a large shadow has been placed over that entire night.

Henry should count 8 of his nine lives on the fact that he wasn't the one murdered by that chick. From what I have gathered from the case, she was some kind of a hooker and the guy she killed was one of her would-be Johns. So I wonder if this group of underage chicks was Henry and some buddies out collecting a little street trash to pay for some kind of party?

<_<

I know its easy to get mixed up but i think you are referring to a case that is different than the case that the thread title refers to.

All Cheech's stuff gets confusing after a while.

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They will probably try a plea bargain. (reckless opp.) Hopefully he gets off of everything.

Several months ago it was reported that Henry had turned down a plea bargain due to his lawyers belief that the breathalizer results were so flawed that they would be eventually be thrown out. It was also speculated that if this happened, and it just did, the case against Henry would be so weak that the entire case would likely be dismissed.

Give it time.

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Give it time.

Ok..............................................................................

................................................................................

.........is it time yet?...................................................................How 'bout now, Hair?..................................................Now?...................Now?...............Now?

Sorry - a preconditioned father of 3.

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Nothin wrong with a little hooker here and there.

Asides from the fact that it is illegal, that the "hooker" in question was a minor, the risk of various venereal diseases (some incurable), and the fact that the player could lose millions in salary and bonuses if suspended long enough, and in turn betray the trust of his erstwhile teammates....no, I guess you're right, other than that.

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Nothin wrong with a little hooker here and there.

Asides from the fact that it is illegal, that the "hooker" in question was a minor, the risk of various venereal diseases (some incurable), and the fact that the player could lose millions in salary and bonuses if suspended long enough, and in turn betray the trust of his erstwhile teammates....no, I guess you're right, other than that.

Party Pooper :P

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Does anyone know if Henry did any other type of field sobriety test? If he did and failed them then he still could get convicted of the DUI.

You can not get convicted of drunk driving (OVI) without the breathalyzer results; that's the ONLY thing that will stand up in court. The field sobriety tests are to determine probable cause to administer a breathalyzer test. You can fail all the FSTs in the world, but w/out breathalyzer results saying your blood-alcohol level was over the legal limit, the only thing you can be charged with would be what originally got him pulled over in the first place (speeding, reckless operation, tail light out, whatever).

I don't mean to be rude, but what law school did you attend? You're absolutely wrong about this. A person can be charged (and convicted) of driving under the influence without any evidence of blood-alcohol content. The prosecution is based upon things like bad driving, poor coordination (demonstrated in field sobriety tests), and observations by the officer (admissions to drinking, odor, bloodshot eyes, vomit, etc.).

On the other hand, without a blood-alcohol content figure, a person cannot be convicted of driving with a prohibited concentration of alcohol in one's blood. It's the easier charge to prove, but as another poster noted, DUIs existed prior to the breathalyzers.

I don't know enough about the particular facts in Henry's case to say whether he's out of the woods yet. However, I have to believe the prosecutor in the case would love to put another notch in his belt with Henry's name on it, with or without a breath-test. Time will tell.

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