Allen Johnson DQ'd?

Originally Posted by deuces wild

Bob I have been a State Trooper in Texas for 8 1/2 years. During the 15 minute waiting period the subject has to be observed by you the entire time. If the subject were to burp, belch, vomit, etc the time starts over. Ed

How long can that go on for before you have to test them?

If one we're to belch evey 10 minutes for 8 hours.....Is that really gonna prevent a person from talking a test? Just saying...When does that threshold stop?

[Dave Crouchet]

.027, thats border line hammered isint it. .08 in louisiana will get u a sweet dui. im so glad nhra didnt send me an invite when i raced.

[Dave Crouchet]

also, whats the final penalty against him. i hope not one race.

[Ed Carpenter]

Originally Posted by Jason Fuller

How long can that go on for before you have to test them?

If one we're to belch evey 10 minutes for 8 hours.....Is that really gonna prevent a person from talking a test? Just saying...When does that threshold stop?

Jason if that were to go on and on I would take the subject to the hospital and get a blood sample. Ed

[Jason Corlew]

ok seriously you think I guy has two cocktails with dinner makes him an alcky? Not a chance. most states dui is .08. Johnson blew a .027, not the .27 that was reported by nhra.com. .027 ain't jack. a double shot of jack is more than .027 and I can promise you one double shot of jack ain't gonna impare me one bit. He's a much bigger guy than I am. If he had a mixed drink, like he says, and that was it, .027 seems more likely. I'm pretty sure .27 theyd take drastic measures. there is a VAST difference in .27 and .027. If he was 1.27 that would indicate a drinking problem. OBVIOUSLY, the guys been around for more than one of these. if he had a drinking problem this wouldn't be the first of these incidents. For the record, sucking on a certs don't work, nor does sucking a penny, lol

[SSDiv6]

Wow!!! This statement crosses the boundary to the legal definition of libel.

People have a right to not have false statements made about them that will hurt their reputation. Unless you know and have evidence that he has a drinking problem, although not a crime, still, you can be sued in a court of law under the defamation law by the means of a tort or civil wrong.

Your statement meets all the elements that a court would consider and known as single publication rule: Statement, Published, Injurious, Unprivileged and False. You also refer to him specifically, it was published to others, and that some injury, as to reputation, can occur that gives him a right to recover damages.

He did admit and disclosed his lack of judgment; however, in no way or form he declared he had a drinking problem and that is were your statement crosses the line. I know of many racers and even officials having drinks during dinner; nevertheless, I do not rush to ascertain and/or give a verdict of their character or reputation.

IAs regards to your response to Andy’s Dad and Julie, I can perceive some arrogance and conceit on your part as the Moderator of this site.

[Peter Ash]

To do a proper legal test, I believe you must do TWO tests at approximately and no less than a twenty minute interval.

Peter

[Bruce Noland]

Originally Posted by SSDiv6

Wow!!! This statement crosses the boundary to the legal definition of libel.

People have a right to not have false statements made about them that will hurt their reputation. Unless you know and have evidence that he has a drinking problem, although not a crime, still, you can be sued in a court of law under the defamation law by the means of a tort or civil wrong.

Your statement meets all the elements that a court would consider and known as single publication rule: Statement, Published, Injurious, Unprivileged and False. You also refer to him specifically, it was published to others, and that some injury, as to reputation, can occur that gives him a right to recover damages.

He did admit and disclosed his lack of judgment; however, in no way or form he declared he had a drinking problem and that is were your statement crosses the line. I know of many racers and even officials having drinks during dinner; nevertheless, I do not rush to ascertain and/or give a verdict of their character or reputation.

IAs regards to your response to Andy’s Dad and Julie, I can perceive some arrogance and conceit on your part as the Moderator of this site.

Nice try at lawyer'n. But sounds like you are grinding an old axe from prior debates or watching too much TV. Pointing out that a person has an alcohol problem after he has been busted is not libel. My post was not libelous so you can get off that tired old horse. You "perceive arrogance and conceit" on my part. Pray tell where you came up with that in my posts. Please explain.

[Andys dad]

You said - "most folks agree that he was using poor judgment."

That is your arrogance

Where do you get your information?


Oh I forgot you do have the very socially significant and important position of moderator of this forum.

I can say you do not have enough gumption to even bend a little and say “maybe you spoke without thinking or that maybe you could have been just a little "over the top" as you put it.

I really appreciate your ability to "man up" and admit when you are wrong - rather than just continuing to make others wrong

BTW

You have a right to your opinion when you keep it to yourself but you do not have a right to publicly denigrate anyone in the name of free speech when you do not know the facts about what you are saying

[Ed Fernandez]

Kenny,freeze this thread.It's really getting ridiculous now.