[NittanyLion]

I posted this because of this "impairment to the slightest degree" business. Am I the only one who's never heard of such a thing? It seems preposterous.

[samtheman]

What does “legal limit” mean if being below it still constitutes a defense.

Does this concept apply to speed limits, too?

I’m going to have to ticket you for very nearly speeding.

[alisasny]

Perhaps its written that way for prior criminals like this football player? Clearly he is not a law abiding citizen.

[discostu]

The “impairment to the slightest degree” stuff is generally there for non-alcohol stuff. Most drugs hang out in the bloodstream too long to be able to determine if the person was still under the effects, they also use it for fatigued drivers, and of course as a pile on for drunks.

[Old Professer]

Don’t take Nyquil.

[Libloather]

"impairment to the slightest degree"

Can we now put all leftists behind bars? Please?

[Petronski]

You’re from Pennsylvania, right?

Our DUI law permits a finding of guilt for (a) BAC > .08 or (b) impairment in the opinion of the officer (weaving, field sobriety test failure, etc.).

[stinkerpot65]

It’s all about publicity for prosecutors. Nothing else matters.

[hometoroost]

Only .072? Sheesh, most Kennedys wake up with a higher BAC :-)

[radar101]

Johnson, whose legal name is Terry Darnell Johnson, was arrested when officers pulled him over at 3:30 a.m. for driving 40 mph in a 25 mph zone. Duncan said an officer placed him under arrest because he believed Johnson was under the influence of alcohol. He was released without being booked or charged after providing a blood sample, and police said he was very cooperative.

QUESTIONS:
Were Field Sobrity Tests given?
How long after the intial observation was the blood drawn?
(Normal adult burns off .025 per hour, so, if the blood draw was an hour later, he was .097
Is the blood sample being tested for drugs?

[WestwardHo]

“Impaired to the slightest degree” is a joke. I sat on a drunk driver jury. Prosecutor, Defender were buddies. Accused was owner of a surname anyone in Arizona would recognizer.
The Defender ridiculed the arresting police officer: Describe “Impaired to the slightest...”
The jury members sided with the accused because they identified their own behavior as “impaired” under this definition.
And we’re supposed to feel sad when this drunk finally kills someone.....

[rabidralph]

If I’m legally drunk then what’s the problem :-) I’m sure this is just the slippery slope for any alcohol in your system while driving is illegal. Sort of how The Great American Smokeout and smoke bans in government buildings now lead to smoke bans in your own apartment and car.

[glorgau]

"impairment to the slightest degree"

Sort of like "I shall fart in your general direction".

[jwalsh07]

IF slight impairment is the benchmark in Arizona for an arrest it is surprising that John McCain is not arrested every day on felony impairment charges. Just goes to show that there is one set of laws for NFL football players and another for impaired members of that august body known as the US Senate.

[montag813]

Why do they continue to persecute Tank Johnson? He had too many guns? Some were not licensed? Is that all? Has he gone around shooting people like Pacman Jones’ posse? No. So what gives? Why the jihad against him?

[mainepatsfan]

NFL PING

FReepmail scott says to be added to, or to be taken off the NFL Ping list... This is a fairly high volume ping list

[elkfersupper]

"impairment to the slightest degree"

Uniform language in every state since about 1993.

The purpose of the field sobriety tests is to provide evidence to convict even if the perpetrator / victim tests out below the illegal per se limit.

Most people don't realize that while we can still purchase booze in this country, we just can't risk consuming it or transporting it - anywhere.

We have de facto prohibition. Thank you, MADD.

[Frank Sheed]

Under Arizona law, Johnson could still face a charge for "impairment to the slightest degree."

So the Governor of Arizona walks out of his house, gets in his car, and is arrested by a disgruntled cop who detects the smell of alcohol on his breath (mouthwash has alcohol) leading him to charge the Governor with "impairment to the slightest degree." What a Fascist law.

[dfwgator]

Sounds kinda “Double Secret Probation-y” to me.