burghoya
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Post by burghoya on Feb 13, 2006 14:50:51 GMT -5
Non - Hoya related, but college basketball news none the less. Sutton is done for the season citing "medical reasons" such as back pain. Sutton's absence also coincidentally comes after he got into a car crash while under the influence of alcohol on Saturday night... sports.yahoo.com/ncaab/news;_ylt=Av0fbe2lKSqij64qr3x4nMw5nYcB?slug=ap-sutton-accident&prov=ap&type=lgnsI'm guessing he's done for good. Especially with the way OSU has been this season. Another one of those "back/hip problems" (Gary Williams, I'm looking at you) which sidelines a coach for the season when in reality darker problems are troubling both coach/team. It's a shame. Also: according to ESPN.com, he was not jailed for his DUI due to "lack of physical evidence". Don't you have to take a field sobriety test or breathalizer (both physical acts implicating you have or have not been drinking)in order to be deemed "under the influence"? hmm... |
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FOTP
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Post by FOTP on Feb 13, 2006 14:57:53 GMT -5
My guess is they don't make you walk in a straight line after an accident. They probably gave him the breathalyzer at the hospital.
One of the more interesting things about this was he was going to the airport to catch a plane...interesting...boozing up before seeing the team...nice
They already announced his son will take over when he retires...my guess is he bows out now with the whole physical thing being the reason.
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Post by StPetersburgHoya (Inactive) on Feb 13, 2006 15:24:26 GMT -5
That is not what happened. I have inside information from a relative who is former Stillwater police and now a member of the Oklahoma State Bureau of Investigation (OSBI). Oklahoma Law is very expansive about what it calls a DUI - it can even include perscription painkillers if they cause erratic driving. When Sutton crashed and cut his head a large amount of perscription painkillers were found in the car. The police on sight did not breathalize Sutton because they did not smell alcohol on his breath and if he was using painkillers that would not show up. They transported him to Stillwater Regional Medical Center where blood was taken and he was treated for the head wound. Sutton was not jailed because nothing could be proved until OSBI analyzes the blood sample to determine the ammount of painkillers Sutton took. Sutton is apparently addicted to pain killers not alcohol and is taking the rest of the year off to clean himself up. It would seem likely that this will be used to force him out of the head coaching position in favor of his son Sean, but Eddie does have some very influential backers such as his good friend T. Boone Pickens who just donated - oh I don't know - $165 Million to the athletic department.
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kchoya
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Post by kchoya on Feb 13, 2006 15:26:28 GMT -5
FOTP is right - usually in cases of an accident you won't have to do the field sobriety tests (one leg stand test, walk and turn test, etc.) Usually you don't have to do the premliminary breath test either. Usually the suspect will be given a breath test at the hospital, but more likely blood will be drawn for a blood test since those tests are more reliable.
You can be arrested for DUI without a breath test or field sobriety test. If you want to test it out,, the next time you get pulled over and the cop think's you may be DUI, he'll ask you to do some field sobriety tests and a breath test. My guess is that if you refuse to do any of the tests, he probably won't send you on your way.
As a practical matter, if I have a client charged with DUI who got in an accident, that's not an easy case to argue to the jury.
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kchoya
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Post by kchoya on Feb 13, 2006 15:28:52 GMT -5
Oklahoma Law is very expansive about what it calls a DUI - it can even include perscription painkillers if they cause erratic driving. Most, if not all states, include all types of alcohol and drugs in their DUI statutes. The key is whether the suspect ability to safely operate the motor vehicle was impaired. |
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burghoya
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Post by burghoya on Feb 13, 2006 15:36:51 GMT -5
ugh... what a mess.
No, I know how that whole being arrested for alcohol related charges work... I got an underage (non vehicular related, thank god) a few weeks ago and got to wear a nice pair of matching bracelets along with a free ride in the back of a cop car (and my 21st birthday is in a week... I'm a complete moron, I know). I'm just suprised he was let off without being arrested... Albiet blood tests may have taken a little less than a day to process. It's just interesting to me, but whatever. What's more important fully he gets himself clean and drug free before doing more damage to himself. God Bless Eddie
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Post by StPetersburgHoya (Inactive) on Feb 13, 2006 15:41:03 GMT -5
FOTP is right - usually in cases of an accident you won't have to do the field sobriety tests (one leg stand test, walk and turn test, etc.) Usually you don't have to do the premliminary breath test either. Usually the suspect will be given a breath test at the hospital, but more likely blood will be drawn for a blood test since those tests are more reliable. You can be arrested for DUI without a breath test or field sobriety test. If you want to test it out,, the next time you get pulled over and the cop think's you may be DUI, he'll ask you to do some field sobriety tests and a breath test. My guess is that if you refuse to do any of the tests, he probably won't send you on your way. As a practical matter, if I have a client charged with DUI who got in an accident, that's not an easy case to argue to the jury. KC correct me if I'm wrong but doesn't DUI have one of the highest conviction rates of any crime? |
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Post by HoyaSinceBirth on Feb 13, 2006 15:47:10 GMT -5
you do not have to submit to a field test if you are pulled over and suspected of DUI however if you refuse to take the field test you are subjecting yoruself to goign down town and taking the test at the police station. This is what they taught us at driving school they said to alwyas refuse the field test if you don't think you can pass it and hope you've sobered up slightly more by the time you get to the police station.
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Post by FreeNachos on Feb 13, 2006 15:56:40 GMT -5
Calhoun would suspend him for 1 non conference game....
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Post by AustinHoya03 on Feb 13, 2006 16:19:09 GMT -5
KC correct me if I'm wrong but doesn't DUI have one of the highest conviction rates of any crime? KC can probably speak with more authority on this issue than I can, but that's probably right because defendants rarely enter a plea of not guilty for DUI/DWI crimes. |
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kchoya
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Post by kchoya on Feb 13, 2006 20:25:39 GMT -5
KC correct me if I'm wrong but doesn't DUI have one of the highest conviction rates of any crime? KC can probably speak with more authority on this issue than I can, but that's probably right because defendants rarely enter a plea of not guilty for DUI/DWI crimes. Well, the conviction rate isn't very high for my clients ;D. I'm actually not sure what the conviction rate is. I would bet that a lot of DUI's don't go to trial because of the harsh penalties. If you can get any sort of plea deal, it's usually a good idea to take it. To build on the point made by hoyasincebirth - if you refuse to take a breath test (even if you take one later at the stationhouse) you can lose your license for 6-12 months and face other penalties. That's just for refusing to submit to a breath test. That doesn't even include the criminal penalties for the DUI. We'll see how long this thread stays open. |
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Post by StPetersburgHoya (Inactive) on Feb 13, 2006 20:46:32 GMT -5
I saw Gottlieb defending his old coach on ESPNews today. I understand he has an emotional stake in things, but he also is getting paid to be an unbiased analyst - all he did was plug Eddie Sutton as a character guy, say that if he retires it won't be directly because of this incident, and that he still belonds in the Hall of Fame regardless of this incident. Even the host of the show had to say that some of it was a little slanted.
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CTHoya08
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Post by CTHoya08 on Feb 13, 2006 22:19:46 GMT -5
I saw that too. I was pretty mad at Gottlieb, because he kept mentioning how DUI could mean that Sutton was on painkillers and not alcohol, as if somehow that made it acceptable. There's a reason that those drugs are included in the law. If driving under the influence of such drugs was significantly different that driving under the influence of alcohol, it would be classified differently.
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Post by theEDGEfactor on Feb 13, 2006 22:24:21 GMT -5
really do like this guy and hope the same thing doesnt happen to him as did huggins
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kchoya
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Post by kchoya on Feb 14, 2006 6:46:37 GMT -5
I saw that too. I was pretty mad at Gottlieb, because he kept mentioning how DUI could mean that Sutton was on painkillers and not alcohol, as if somehow that made it acceptable. There's a reason that those drugs are included in the law. If driving under the influence of such drugs was significantly different that driving under the influence of alcohol, it would be classified differently. I think the "importance" of mentioning that it was allegedly prescription drugs and not alcohol is that Sutton had problems with alcohol in the past. It may not be an excuse but a lot of people look at a DUI a lot differently if it's prescription drugs or alcohol. |
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CTHoya08
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Post by CTHoya08 on Feb 14, 2006 10:38:29 GMT -5
That's the sense I got, but I think it's wrong to look at it differently just because it wasn't alcohol. It' still illegal and dangerous.
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burghoya
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Post by burghoya on Feb 16, 2006 14:10:33 GMT -5
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DFW HOYA
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Post by DFW HOYA on Feb 19, 2006 15:03:50 GMT -5
At 90% of schools, this would be enough to end a coach's career, but Sutton is a legend at OSU, played under Coach Iba, and his son is his heir apparent. I'd guess he'll return for a final year in 06-07, then turn over the reins.
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