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Old 07-08-2012   #32
powda
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Default Re: Adrian Peterson arrested in Houston

Quote:
Originally Posted by infantrycak View Post
As a practical matter it does to a minor maybe degree but as a legal matter it does not. No underlying offense is required in Texas for DUI. You only need probable cause for the stop. Your assertion if the speeding is tossed the DUI will be is flat incorrect. Unlike states like TN (McNair incident) you can just weave within your lane (some states like TN require you to actually leave your lane) and get pulled and tested for suspicion of drunk driving. Even there other grounds can uphold a stop and DUI.

More to the point for resisting arrest there is a precursor act required by the police officer. Even in uniform he can't walk up and tell you to jump and when you refuse it is resisting arrest. He has to attempt to arrest (funny how that makes it into the name of the charge), search or transport you. Then you have to resist. Saying get the f out of here is none of the above.

To be clear I am not judging this case at all. The facts will be very important. There is nothing illegal about asking for water after 2 am. Shoving someone could arguably be assault. If it is all on video, someone is getting a black eye.
Perhaps dwi is a bad example though I see it all the time and keep in mind theres a dash cam present. If you can articulate weaving then there is pc for the stop. Without it you need another reason to pull someone over...hence the speeding example. If there is no speeding (or weaving etc...) there is no reason to effect the stop. If the speeding charge is beat theres no pc to have ever found the dwi.

In Petersons case, he was on private property. Business hours were over and officers were ushering people out the door. You cant just stay wherever you want whenever you want if its private property. I read and can speculate very easily on a patron who was pi and refused to leave (tresspassing). If he threatened or shoved an officer away then screw him...forget the fame and status...at that point he's just another turd.
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