And, according to the newspaper account, what happened then? 

No citation, no field sobriety test, no checking the inside of the vehicle.  Price apparently told the two officers that he’d just had a “couple of drinks,” they didn’t see him weaving around or slurring his words, so they let him go  – although they wouldn’t let him drive, they made him call a relative to come and get him. 

By now, the s*%^ has hit the fan — there’s an internal investigation at the department, Price has been ticketed (for careless operation of a motor vehicle) and the Times-Picaynue is all over this story like a duck on a junebug.   

This story should sounds like something worth watching … and an interesting comparison to make for those not in the public eye, pulled over along that same stretch of road – if they say they’ve only had a couple of drinks, and they don’t obviously weave or slur their words, should they get to call home for a driver without any field sobriety testing, too?  Sure sounds like an argument to be made ….

For more information:

BloomLegal Talks About Field Sobriety Tests

BloomLegal Talks About Terry Stops – When Cops Can Search Your Car

BloomLegal Talks About DUIs in Louisiana – Being Pulled Over, DUI on Your Record

Why? Because it will give a reading on your BAC (blood alcohol content) that will automatically correlate with the state law definition of intoxication. State laws across the country define driving drunk by the percentage of alcohol in the blood stream. Usually it’s at 0.08%.

Someone who doesn’t feel tipsy, or with even the slightest buzz, can still read drunk on a Breathalizer. It’s very hard to defend against those numbers.

So, what can the police do if they pull you over, and you just say no to the machine?

They can give you “field sobriety tests” which you’ve probably seen a lot, if you watch Fox TV’s COPS  with any regularity ….

Three of the most popular field sobriety tests are the One Leg Stand, the Walk and Turn, and the HGN.

One Leg Stand

This is the test where the police officer asks the subject to imitate a whooping crane. Here, you stand on one foot, and hold your other foot at least 6 inches off the ground, while counting out loud “one thousand-one, one thousand-two, etc.” until you’re told to stop. Actually, the cop is timing you for 30 seconds, and she’s looking for (1) swaying while you’re standing there; (2) any use of arms to stay balanced; (3) any hopping on one foot to stay balanced; and (4) putting the other foot down before you’re told it’s okay to do so.

NHTSA reports that 83% of those who fail the One Leg Stand will have a BAC of 0.08% or higher.

Walk and Turn / Walking the Line

Just like it sounds, the test involves taking nine steps, heel-toe, heel-toe, along a straight line. After the nine steps, you turn on one foot, and come back the same way. The police officer will be watching for 8 things: (1) ability to keep one’s balance while listening to his instructions; (2) waits until the instructions are finished before beginning the test — drunks are impatient; (3) any stops to regain balance during the test, or swaying; (4) any steps off the line; (5) any failure to follow heel-toe; (6) doesn’t take nine steps as required; (7) doesn’t turn properly; and (8) any using of the arms to keep balance while walking the line.

NHTSA studies reveal that 79% of those who fail the test will have a BAC of 0.08% or higher.

HGN / Follow My Finger

Horizontal Gaze Nystagmus (say that three times fast, right?) checks the eyes’ ability to foucs on an object as it moves. HGN technically means the involuntary jerks a human eye makes as it gazes to the left or right. A sober person will have HGN will her eyes are rotated at high angles; a drunk person will have this jerking exaggerated, and much sooner in the eye movement. Plus, a drunk person will likely have problems following a moving object with her eyes. The police here look for three things: (1) if each eye cannot follow his finger, or flashlight, or ballpoint pen easily; (2) if either eye starts to clearly jerk when the eye is looking far left or far right; and (3) if either eye starts jerking about halfway from center.

NHTSA studies have shown that 88% of those failing an HGN test have a BAC of 0.08% or higher.

For more information:

National Highway Traffic and Safety Association
www.nhtsa.org

No lawsuit here, there’s no promise of anything but entry into the private party:

Miami Beach

Lenny Kravitz at the Florida Room in the Delano Hotel is sold out.  The lounge there has Gnarls Barkley and the Florida Room Players performing for $400/ticket.  Includes cocktails and a midnight champagne toast.

Jennifer Hudson at the Setai for $1000/ticket.  She performs.  Includes cocktails, dinner dance, five-course meal, and entrance into the Paradise Club.

Ashlee Simpson and Pete Wentz host a party at The Shore Club while Eve performs for $300/ticket.

New York City

Mya hosts and performs at the Roseland Ballroom in Times Square for $75/ticket. Cash bar. 

Kid Rock hosts at the Hotel Gansevoort.  Rooftop Table for $350/ticket.  Open Bar.  DJ. 

Vegas

Debbie Reynolds hosts and performss at the South Point Grand Ballroom for $140/ticket.

Dave Navarro hosts at Palms’ Rain Nightclub for $100/ticket.

Jay-Z hosts at Palazzo’s 40/40 Club for $700/ticket.  Party favors and midnight champagne toast.

Paris and Nicky Hilton host at Luxor’s LAX Nightclub for $250-20,000.

Pamela Anderson hosts at PURE Nightclub at Caesars’ Palace for $250 – $5000.

As detailed in today’s News Release by the Clearwater Florida Police, Hulk Hogan’s son, Nick Hogan Bollea, turned himself in this morning and was booked on the both felony and misdemeanor charges resulting from the August 26th car crash that left his friend John Graziano seriously incapacitated.   Witnesses have confirmed that Nick Hogan was speed racing with Daniel Jacobs, who’s being charges with reckless driving.  

What’s the law here?  Well, both civil and criminal law come into play in serious car crashes like this one.   There’s jail time to consider, fines, and big civil damages. 

Today’s news is the criminal side: Nick must face the possibility of fines and jail time.  He’s facing the felony charge of reckless driving involving serious bodily injury which is compounded by being under the age of 21 with a BAC of .02 or higher at the time of the crash.  Not good.

Driving drunk while speed racing and permanently incapacitating your passenger?  Good luck getting around jail time here ….

No news yet on the civil side: Graziano looks to have a well-documented personal injury suit against Nick Hogan, should he (or someone acting on his behalf) decide to file one.  The news media covered the crash and have extensive photos to provide any personal injury lawyer pursuing the matter. 

Looks like someone’s preparing for a civil defense somewhere: the Hogan family has already issued a statement where John Granziano’s failure to be wearing his seatbelt is clearly pointed out.  Contributory negligence is a legal defense, of course.

And, last month, TMZ reported that evidence was provided in the suit involving having someone become legal guardian for John (his mother filed, her estranged husband fought for an independent appointee) that the Hogan family was providing significant financial support for John’s mother, including providing her a condo and assorted living expenses to avoid a civil lawsuit. 

Why file a civil lawsuit?  John remains in a “coma-like state” which may mean he’s suffered a traumatic brain injury, a spinal cord injury, or both.  These are severe injuries, requiring long term health care as well as therapeutic and rehabilitative expense should he ever improve to any degree.  This cost can be in the millions, and personal injury lawsuits detail those damages and insure that these costs are covered over the victim’s lifetime. 

A civil personal injury lawsuit will protect Graziano’s long term needs – he may survive many years in that coma-like state.  Expect one to be filed. 

Meanwhile, Nick Hogan’s family has released a statement, which you can read in its entirety over at Tampa Bay’s TV channel 10′s web site.

Orlando Bloom

Lindsay Lohan’s out of rehab, but she still has to face hit and run charges stemming from her collision with a tree last Memorial Day. Lindsay was also charged with DUI – and cocaine was allegedly discovered in the car, as well. Lindsay was filmed running from the scene by paparazzi ….

Britney Spears was charged with hit and run on Monday, after she bumped her convertible Mercedes into another vehicle while she was parking the car. Paparazzi caught the entire episode — including Britney checking her car for damage, but not the victim’s, before going on her merry way — on video.

Okay, what’s up with these hit and run charges – and who should be most worried?

Hit and run – more formally known as leaving the scene of an accident – is illegal in every state, although each state treats the crime a bit differently. Some generalities do apply across the board, however:

1. If someone is injured and you leave the scene of an accident, then you’re gonna be facing incarceration in prison or jail as well as a substantial monetary fine. Not good news for Orlando Bloom: California law provides for up to 4 years imprisonment and a $10,000 fine. Good news for Orlando: no harm, no foul: the paparazzi trail also demonstrates that Orlando was on the scene, did try to help his friend, and gave a report to the cops. He was not arrested or charged at the time. The intent of the law is to commit people to do exactly what Orlando did – stick around and help. Smart Orlando.

2. If someone could have been injured, ditto. You need to stick around — the law isn’t going to distinguish too much on protecting potential victims just because you lucked out and no one was hurt. Lindsay Lohan didn’t hurt anyone in her crash, but she could have. There were passengers in her car. Running away – not the best move.  Of the three celebritites, Lindsay’s got the biggest problems here.

3. Injuring property is the least offensive result of a hit and run, and receives the lightest treatment under the law. Britney Spears’ fender bender in the parking lot may have hurt the parked car, but there wasn’t a chance that humans were going to be harmed in this incident. Britney’s biggest problem here is knowingly driving without a valid California license in this instance.

If you are in a car crash, do not leave the scene. Even if it’s minor and seems like a hassle, stick around, get the cops, and make a police report. If you have to be someplace – you’re late for brain surgery, say – then leave a note on the car giving all your contact information and include the reason why you couldn’t stick around. The courts do not see this as an admission against interest on your part, nor is it deemed to be a violation of your constitutional right against self-incrimination. Nice try, though, if you thought of that….