O'Neill DUI

[MrsMonkeyMan2500]

I was a little surprised to see no one had posted this today.

http://www.cnn.com/2016/04/08/us/bin-laden-raid-former-navy-seal-dui-case/?iid=ob_homepage_NewsAndBuzz_pool&iref=obnetwork

I'm curious on thoughts. I shared mine yesterday on Facebook and had a few lashings that caused me to question why I even use it. So, what say you?

[DaveTN]

Depends what the laws are in that state. I assume since he was arrested that state has the same laws as many; that if you are in physical control, you can be charged. The test is usually if you can start the vehicle and drive off without exiting the vehicle; you are in physical control.

He shouldn’t get any special treatment because of who he is; but he will probably have no shortage of good attorneys that will want his case.

Prescription drug excuse won’t fly. Edited April 9, 2016 by DaveTN

[Mike.357]

I was a little surprised to see no one had posted this today.

http://www.cnn.com/2016/04/08/us/bin-laden-raid-former-navy-seal-dui-case/?iid=ob_homepage_NewsAndBuzz_pool&iref=obnetwork

I'm curious on thoughts. I shared mine yesterday on Facebook and had a few lashings that caused me to question why I even use it. So, what say you?

 

 

What were your Fb comments?

 

I would guess that he will not be convicted of DUI, money or fame makes some people more equal.

[MrsMonkeyMan2500]

What were your Fb comments?

I would guess that he will not be convicted of DUI, money or fame makes some people more equal.

Oh boy, I bet I'll get them here too. First of all, when I first read it, the story was simply DUI. Since then it has morphed to the link above. Including a publicist statement and sleeping pills.

My FB post was a link to the story and the fact that I felt he was reckless and irresponsible. I said this behavior is unacceptable of a "hero". Instantly people started commenting about the good he's done and it could be PTSD. Just stupid things. I had one person who lost 2 family members to a drunk driver tell me I was being judgemental and without knowing the full story I shouldn't have said anything.

I have personal feelings about the guy which may have influenced my harshness. I think he's 1 man who served. In a team. The team he has served with has done incredible things and I am grateful for that. But I do not admire glory whores who step out and take the full spotlight. So I really appreciate that the news story points out that he claims he had the killshot. My thought is, even if it was sleeping pills, don't take them until you're ready and home and in bed. No matter how this turns out, he shouldn't have been behind the wheel if he was under the influence of ANYTHING.

[DaveTN]

Well I don’t know how the “hero” status would impact his DUI. I understand that you are disappointed in him, but I don’t think he deserves better/worse treatment than anyone else. He obviously will have the money to hire a good attorney and with his clean (I assume) record he will probably get the same offer most first time DUI defendants with a clean record get; Court supervision with a dismissal after completing the supervision and drug/alcohol classes.

I have never been able to determine if he is telling the truth about Bin Laden or not because most of the people that were they; don’t talk. But I don’t think it should come into play either way on this. If he thinks he is innocent because he popped a prescription sleeping pill when he had to drive; let him try that. I doubt it will work any better than him than it would for any of us. Although you never know. Steve McNair’s attorneys got a judge to rule he wasn’t weaving “enough” for PC for a stop after McNair publically admitted he was drunk and apologized for his behavior. That wouldn’t happen to any of us regular folk.

[MrsMonkeyMan2500]

Well I don’t know how the “hero” status would impact his DUI. I understand that you are disappointed in him, but I don’t think he deserves better/worse treatment than anyone else. He obviously will have the money to hire a good attorney and with his clean (I assume) record he will probably get the same offer most first time DUI defendants with a clean record get; Court supervision with a dismissal after completing the supervision and drug/alcohol classes.

I have never been able to determine if he is telling the truth about Bin Laden or not because most of the people that were they; don’t talk. But I don’t think it should come into play either way on this. If he thinks he is innocent because he popped a prescription sleeping pill when he had to drive; let him try that. I doubt it will work any better than him than it would for any of us. Although you never know. Steve McNair’s attorneys got a judge to rule he wasn’t weaving “enough” for PC for a stop after McNair publically admitted he was drunk and apologized for his behavior. That wouldn’t happen to any of us regular folk.

That was my point. Everyone should be held to the same standard. I don't want him under the jail. I just think hiring a publicist to make a statement after is ridiculous. And I think given the fame he sought by taking credit for killing Bin Laden, he should have been a bit smarter. That's all.

[DaveTN]

And I think given the fame he sought by taking credit for killing Bin Laden, he should have been a bit smarter. That's all.

Why? I thought doing that showed he is dumber than rock and doesn't have a problem with violating SOP.

[MrsMonkeyMan2500]

Why? I thought doing that showed he is dumber than rock and doesn't have a problem with violating SOP.

I don't know much about SOP or COC, but I do know it takes an ass to claim a killshot when he wasn't the only operator in the room! :)

[btq96r]

First and foremost, he is allowed every protection under the legal system, so he's innocent until proven guilty.  If he pleads, or is found guilty, he should get no better or worse treatment than anyone else with his prior record for the situation surrounding the arrest.  His hero status is irrelevant in that determination.

 

As for what he did to make himself a celebrity, that's between him and DoD legal (violating the NDA), and his fellow SEALs (going public in the first place).

[Grand Torino]

If he was in fact DUI he should pay the price every one else does in my book. Stupid mistakes are stupid mistakes no matter who commits them.

[AtomicRooster]

If I was the LEO that arrived on scene and he was passed out in a running car, when I realized who he was I'd have given him a ride home and helped him to his front door, thanked him for his service and left. Too many bad guys getting all the breaks now a days. Who ever didn't like it could go jump in a lake........or a cage about to be set on fire.

[Garufa]

Why was this even reported and who cares?

[BigK]

If I was the LEO that arrived on scene and he was passed out in a running car, when I realized who he was I'd have given him a ride home and helped him to his front door, thanked him for his service and left. Too many bad guys getting all the breaks now a days. Who ever didn't like it could go jump in a lake........or a cage about to be set on fire.

 

Unless I actually pulled him over because he was DUI, I would do the same. I'd assume that, since it's still cold in MT, he was just trying to stay warm and would have helped him out. It never would have gotten to the point of listening to stories about sleeping pills and stuff and none of you would have heard about this story.

 

Nonetheless, I get why someone would feel otherwise. I'd make DUI penalties way worse if it were up to me, but only MOVING VIOLATIONS.

[Sweetmadness]

At 2:20 a.m., we responded to a call about someone sleeping [in a vehicle] in the parking lot of a convenience store in Butte," Butte-Silver Bow Undersheriff George Skuletich

Personally, I think asleep in the passenger seat is not driving. He was endangering no one. He should have received a loitering or trespassing citation if anything at all. I know that he was technically in control of the vehicle, but I hope common sense prevails.

[Pain103]

If I was the LEO that arrived on scene and he was passed out in a running car, when I realized who he was I'd have given him a ride home and helped him to his front door, thanked him for his service and left. Too many bad guys getting all the breaks now a days. Who ever didn't like it could go jump in a lake........or a cage about to be set on fire.

 The problem with that is that many departments have taken officer discretion away from DUI cases. I know one LEO that got fired for not arresting a DUI driver. Probably something thousands have done before but they wanted to make an example out of him and now nobody from that department will ever let a impaired driver call a ride or park their car.

[Possumslayer]

Public intoxication

[DaveTN]

The problem with that is that many departments have taken officer discretion away from DUI cases. I know one LEO that got fired for not arresting a DUI driver. Probably something thousands have done before but they wanted to make an example out of him and now nobody from that department will ever let a impaired driver call a ride or park their car.

That what happened with us in the early 80’s. We lost discretion on DUI and Domestic violence within a couple of years.

If a person was borderline or questionable we could let them pull the car over and park it, call a cab, or we would call a friend or family member to pick them up. That ended in one day. Our shift Commander came into the squad meeting and told us that if we stop a suspected DUI we will arrest and test them. If we don’t we could be fired. He then asks if anyone did not understand what he was saying.

Apparently a cop somewhere out east had stopped a car; he thought the driver was borderline. The driver told him he only lived a few blocks away. So the cop said he follow him home. While the cop was following the guy, the guy ran a red light and killed a family of five. The law suit was huge. You can imagine what it would be today if a cop checked someone out; left them, and then they drove off and killed someone.

I also understand (as I’m sure you do) why the law was changed from having to be driving to “physical control” and adding DUI to an arrest that could be made on private property. Too often we had to let a suspect start the car before we could arrest them. That caused a lot of unnecessary danger for everyone involved. When they changed the law we could take them as soon as they opened the door and got in the car.

I have mixed feelings about someone sleeping it off in a car. But they put themselves in that situation. If you drink too much to drive you better have a designated driver with you or someone you can call. A cab is a small cost compared to a DUI, not to mention the risk of harming someone.

I wish young people could understand the DUI laws and that it’s not about “drunk” driving; it’s about BAC.

[DaveTN]

Public intoxication

Our state did away with the public intoxication laws. They decided that those people had a problem and needed help. So when we got called on the drunks (where a car was not involved) we either had to get them to voluntarily go to DETOX or wait for them to walk into the street and take them for intoxicated pedestrian in the roadway. Back then we had fire phones on street corners. The drunks would use the fire phones to call the dispatchers for a cop to take them to detox.

Looking at the Tennessee law on PI it requires “to the degree that” that would probably not be satisfied by someone sleeping in a car. And if it was do they go to jail or are the cited and released?

[Westwindmike]

Back in the late 70's/ early 80's I was a cop. I can't count the number of cops, firemen, ER nurses and doctors, that I drove home rather than arrest them. We had a lot of discretion back then. The cop in Butte should have done the same thing if he recognized him for who he is. National heros don't get arrested!

[MrsMonkeyMan2500]

National heros don't get arrested!

The same "national hero" that children/adults look up to? It's ok honey, you can drive under the influence, after all, what's good enough for national heros is good enough for you!

Oh well, this story's already off almost every news source like it never happened.

[A.J. Holst]

The same "national hero" that children/adults look up to? It's ok honey, you can drive under the influence, after all, what's good enough for national heros is good enough for you!

Like the behavior of sports figures, Hollywood types, pop musicians and elected guv'mint officials.

[MrsMonkeyMan2500]

Like the behavior of sports figures, Hollywood types, pop musicians and elected guv'mint officials.

Agreed. Double standard for all groups. Which is why he stepped out into the spotlight.

[bersaguy]

I will never understand how the legal system operates when it comes to DUI's or DWI's. If a person is driving down a road and swiving and is pulled over by an LEO and is drunk that person was operating a motor vehicle with under a DUI or DWI depending on the state. A person that is parked in a public parking area and asleep and not operating a vehicle of endangering anyones lives where does the DUI/DWI take place?  I don't even see where a public drunk charge could even come into play as long as the person in in the confines of their vehicle and not out staggering around? The laws have been changed so much that it is all about money and not legallity any longer.....................jmho

[DaveTN]

I will never understand how the legal system operates when it comes to DUI's or DWI's. If a person is driving down a road and swiving and is pulled over by an LEO and is drunk that person was operating a motor vehicle with under a DUI or DWI depending on the state. A person that is parked in a public parking area and asleep and not operating a vehicle of endangering anyones lives where does the DUI/DWI take place?  I don't even see where a public drunk charge could even come into play as long as the person in in the confines of their vehicle and not out staggering around? The laws have been changed so much that it is all about money and not legallity any longer.....................jmho

That’s why I said I wish people (especially young people) understood the DUI laws. In your day (and mine) DUI was not a big deal. Today it is. Even if you don’t injure someone a DUI in this day and age can be a career ender. There are many jobs you won’t get and many companies won’t hire you with a DUI conviction.

Like it or not if you get in your car with a BAC at or above .08 you risk being arrested for DUI. If you injure someone even in an accident that wasn’t your fault; you risk prison time. You can make all the arguments you want about whether or not that’s right; I just think people deserve to know what is going to happen. And maybe these discussions on social media help; I don’t know.

We have a lot of discussions here on gun laws so people can understand the laws and don’t get jammed up. We get a lot of good information and we get information that is totally wrong. Same thing with the DUI laws. So what's not to understand?

[Spiffy]

If I was the LEO that arrived on scene and he was passed out in a running car, when I realized who he was I'd have given him a ride home and helped him to his front door, thanked him for his service and left. Too many bad guys getting all the breaks now a days. Who ever didn't like it could go jump in a lake........or a cage about to be set on fire.

 

What if official policy forbid that? Would it worth losing your house and your families security to eat and live indoors?