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Be careful out there 2.0

Biggun4214

Well-Known Member
Joined
May 10, 2004
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5,027
Location
east tn
Not to hijack the other thread
I was checking a boat one night. I had blue lights activated and the world lit up. I glanced down the lake to see a pontoon coming straight at us. I pushed hard on the other boat to give us some separation and throttled my boat and peeled away. The pontoon almost hit the other boat and would have probably centered the nose of my boat. When I got the pontoon stopped it was a friend of mine and he had been drinking. He had all the classic signs of being drunk. He was unsatisfactory on the field sobriety tasks. Arrested him and he blew a .02. Come to find out he was diabetic and hadn't taken his insulin in 2-3 days.
He was also friends with the judge and I knew a BUI conviction would be impossible with his BAC. On the court day I worked out a plea deal of Reckless Operation instead of BUI. The judge accepted the deal and later told me he wouldn't have let the BUI stand.
 
If he blew a .02, why should it have stood? I don't see how his being friends with the judge would have mattered if he wasn't intoxicated and his blood sugar was out of whack. Was he convicted of Reckless Operation because of negligence with his insulin?
 

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