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Big Buff set to face charges on Monday (Charges dropped, fine/community service)

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07-22-2012, 05:41 AM
  #1
DespoticNewt
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Big Buff set to face charges on Monday (Charges dropped, fine/community service)

That is, unless his defense attourney successfully moves to have the charges dismissed on grounds that Buff's rights were violated during the arrest.

http://www.winnipegsun.com/2012/07/2...biggest-battle

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07-22-2012, 06:35 AM
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Holden Caulfield
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Meh, this will be thrown out, IMO, the whole thing has been blown HUGELY out of proportion.

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07-22-2012, 07:21 AM
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There are people from nearly every media outlet here in Winnipeg, going to this hearing.
I bet, this will go to trial.

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07-22-2012, 08:23 AM
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Yeah, the Winnipeg media are sure making this into an OJ Simpson event. Yes it is a serious incident and yes people will want to know but I didn't expect it to get this blown out of proportion.

Well perhaps it will deter Big Buff from future incidents or something. I just hope it's over quick and the media can go spend the rest of the day at Mall of America.

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07-22-2012, 09:21 AM
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Seems to me that the police refusing his offer to take the blood test (after conferring with his lawyer) only 72 minutes after he first declined, was unreasonable.

I just don't see a jury convicting him of the criminal charges.

Sometimes, cops can be idiots too.

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07-22-2012, 09:27 AM
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Part of the evidence against him, "a brown stain on his tongue." What?!?!

Now this quote,

Quote:
Police say Byfuglien said he had taken a muscle relaxant that day — along with a “handful” of supplements — but couldn’t remember or didn’t know what they were called.
....than doesn't sound very good.


Last edited by HawksFan74: 07-22-2012 at 09:35 AM.
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07-22-2012, 09:34 AM
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Part of the evidence against him, "a brown stain on his tongue." What?!?!
I used to know a guy who chewed tobacco. He always had a brown stain on his tongue. It was disgusting.

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07-22-2012, 09:39 AM
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I used to know a guy who chewed tobacco. He always had a brown stain on his tongue. It was disgusting.
Well that's not illegal. Just curious what the angle is from the Police. My guess is Buff was smoking weed or the combination of the muscle relaxer/alcohol he admitted taking messed him up.

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07-22-2012, 09:40 AM
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Originally Posted by HawksFan74 View Post
Part of the evidence against him, "a brown stain on his tongue." What?!?!
I don't get it either man. I hope this thrown out. The whole thing just sounds like cops being a-holes because here is a rich black man in a sweet boat with a hot white GF and a few friends. He passed a breathalyzer with ease. Give him a ticket for the boating infractions and get on with it.

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07-22-2012, 09:41 AM
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Well that's not illegal. Just curious what the angle is from the Police. My guess is Buff was smoking weed or the combination of the muscle relaxer/alcohol he admitted taking messed him up.
Good call, Buff chews too so that makes sense

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07-22-2012, 09:56 AM
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One problem I have is that it's not just an impaired boating trial... The main part is refusal to consent to screen his urine for drugs.
Refusal to a drug screen charge I can see going either way. Initial refusal is still a refusal even if he goes back on his decision. But, on the other hand, a missunderstanding of the legal ramifications and his rights could be justification of initial refusal... We'll see I guess.

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07-22-2012, 10:13 AM
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No way he gets charged. He had the right to talk to his attorney and 72 minutes isn't long enough for anything to leave his system. I don't necessarily believe he is or isn't innocent, but the police shot themselves in the foot by not letting him test.

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07-22-2012, 11:49 AM
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A lot of people making very definitive statements about what will happen. Where did you all get your law degrees from?

I got mine from U of Manitoba, and all I know is that this will depend on Minnesota-specific laws. Which means I have no idea what the outcome will be.

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07-22-2012, 12:09 PM
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A lot of people making very definitive statements about what will happen. Where did you all get your law degrees from?

I got mine from U of Manitoba, and all I know is that this will depend on Minnesota-specific laws. Which means I have no idea what the outcome will be.
Is taking muscle relaxers + drinking alcohol and then driving a boat illegal? It seems he admitted to this and tested positive alcohol in his system?

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07-22-2012, 12:38 PM
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Is taking muscle relaxers + drinking alcohol and then driving a boat illegal? It seems he admitted to this and tested positive alcohol in his system?
I am not a police officer or lawyer but driving impaired is illegal. whether it is alcohol, illegal drugs, presciption drugs over the counter drugs etc....

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07-22-2012, 12:53 PM
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This is the strange thing about the case; the fact that he denied to give a sample, but spoke to his lawyer and then decided to give one but they said "No". I just don't know why the officer would say no to a sample 72 minutes later. Im guessing he will be fined but to me this whole thing just seems like a waste of money for a trial.

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07-22-2012, 01:43 PM
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Quote:
Originally Posted by Yukon Joe View Post
A lot of people making very definitive statements about what will happen. Where did you all get your law degrees from?

I got mine from U of Manitoba, and all I know is that this will depend on Minnesota-specific laws. Which means I have no idea what the outcome will be.
great post.

If i have learned anything about the legal system in my life it's that I don't have a sniff. In my experience Its not about whats right, or about common sense, or not even about what actually happened. Its about what you can prove (or not prove) and how that may or may not be interpreted by the judging body (jury, judge, or other) when weighed against "the law" (not common sense).

I have no idea what will happen in this case.


Last edited by ps241: 07-22-2012 at 02:15 PM.
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07-22-2012, 01:58 PM
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Quote:
Originally Posted by Yukon Joe View Post
A lot of people making very definitive statements about what will happen. Where did you all get your law degrees from?

I got mine from U of Manitoba, and all I know is that this will depend on Minnesota-specific laws. Which means I have no idea what the outcome will be.
I got mine from the university of hard knocks

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07-22-2012, 03:23 PM
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Holden Caulfield
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Originally Posted by HawksFan74 View Post
Is taking muscle relaxers + drinking alcohol and then driving a boat illegal? It seems he admitted to this and tested positive alcohol in his system?
He blew a .03, well below the legal limit.

Honestly, if I got arrested in the States I would refuse a drug test until I spoke to a lawyer as well, I don't trust the US legal system at all. Not that I would have anything to hide, it's just that is my right, which is exactly what Buff did. I am failing to see how he did anything wrong at all.

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07-22-2012, 03:48 PM
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Heres the brown stain

I think the other Jets that dip are Wheeler and I think it was Bogosian or Stuart?

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07-22-2012, 05:41 PM
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Yukon Joe
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Quote:
Originally Posted by puck stoppa View Post
This is the strange thing about the case; the fact that he denied to give a sample, but spoke to his lawyer and then decided to give one but they said "No". I just don't know why the officer would say no to a sample 72 minutes later. Im guessing he will be fined but to me this whole thing just seems like a waste of money for a trial.
As I said, I can't speak for Minnesota law, only Canadian (since criminal law is federal in Canada, but state-specific in the US).

In Canada, as a general rule, once you refuse to provide a sample the offence is complete - you don't get to come back an hour later and change your mind.

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07-22-2012, 05:47 PM
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If Wheeler dips I just lost a ******** of respect for him. That crap is nasty.

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07-22-2012, 06:53 PM
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Sorry, just to clarify; by the term "dip", do you all mean "DUI"?

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07-22-2012, 07:24 PM
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Originally Posted by Holden Caulfield View Post
He blew a .03, well below the legal limit.

Honestly, if I got arrested in the States I would refuse a drug test until I spoke to a lawyer as well, I don't trust the US legal system at all. Not that I would have anything to hide, it's just that is my right, which is exactly what Buff did. I am failing to see how he did anything wrong at all.
And that's where the problem lies.

Minnesota’s implied consent law provides that it is a crime to refuse to submit to a chemical test of your blood, breath, or urine, when asked. The idea behind the law is that by driving your vehicle you give consent to such tests. The catch is that the officer must have probable cause to believe that you were driving, operating, or in physical control of your vehicle while impaired. “Impaired” can include being under the influence of alcohol or a controlled substance, or having a blood alcohol concentration higher than the legal limit. If the officer does not have probable cause, refusing the test is not a crime.

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07-22-2012, 07:24 PM
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Sorry, just to clarify; by the term "dip", do you all mean "DUI"?
Chewing tobacco.

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