[Husker] McKewon on Caputo

Wed Dec 21 16:17:06 CST 2011

I agree. I think it is a jurisdictional issue, and that he was not charged
with DUI.

If you read the articles closely it was "suspicion" of DUI. Even the
original article used these terms. I don't know of a place in the country
where "suspicion" of DUI is a crime. I have in my work had the unfortunate
opportunity to deal with many people convicted of DUI. None were convicted
of "suspicion" of DUI. You are tested and charged with DUI, or not.

Here is the problem with the DUI scenario. Good attorney: "Your honor, my
client was not driving the vehicle. He was rather sitting in it. He had
been to a party and had left his car in the parking lot. His friends
dropped him off at the car, but he was too intoxicated to drive. Because it
was Nebraska in December, he was running the heater to keep warm."

I agree that "reckless driving" is a stretch. The more appropriate charge
would have been "Public Intoxication." However, if the courts in Nebraska
are similar to Columbus, Georgia, DUI is handled in traffic court, while
public intox is in criminal court. That may have been why he pled down to
"reckless driving."

Whatever the circumstances, this is all speculation. The charge is reckless
driving and BP has to make a call based upon that offense.

Scott

On Wed, Dec 21, 2011 at 4:07 PM, <gzimmerman5 at kc.rr.com> wrote:

> Depends on the jurisdiction, I suppose. The husband of an acquaintance of
> mine was in a similar situation. He was drunk, pulled into a driveway, shut
> the engine off, and "fell asleep".
>
> A cop cam along and arrested him for DUI. He was convicted, because he was
> in the drivers seat and the key was in the ignition. He paid a large fine
> and had his license suspended for a year.
> --
> Greg Zimmerman, UNL '75
> Overland Park, Kansas
>
> ---- aj05810 at windstream.net wrote:
> > It's a safe bet that the car/truck didn't start or drive itself to where
> he was found.
>
> That said, because he wasn't driving, the DUI is hard to prove. They don't
> know how long he had been there, so his blood alcohol content at the time
> he was actually driving would be hard to prove. A good lawyer would argue
> that. Reckless driving would be an easier charge to prove and one I'm sure
> would be agreed to instead of a DUI.
>
> I had a friend that had the same thing happen, snockered, but not actively
> operating the car when the cop found him. They couldn't arrest him for DUI
> as there was no active "driving" going on.
>
>
> ---- Andy Knipp <andy at knipp.com> wrote:
> > So if he was parked and sleeping (albeit in a running vehicle),  how can
> he
> > get reckless driving ?
> >
> >
> >
> > -----Original Message-----
> > From: husker-bounces at tssi.com [mailto:husker-bounces at tssi.com] On
> Behalf Of
> > Skylar Dodds
> > Sent: Wednesday, December 21, 2011 12:43 PM
> > To: 'Mike Jaixen'; 'David Strong'; husker at tssi.com
> > Subject: Re: [Husker] McKewon on Caputo
> >
> > Here's a shorter URL so it doesn't wrap:
> >
> > http://tinyurl.com/7kg7bwb
> >
> > --
> > Skylar
> >
> > -----Original Message-----
> > From: husker-bounces at tssi.com [mailto:husker-bounces at tssi.com] On
> Behalf Of
> > Skylar Dodds
> > Sent: Wednesday, December 21, 2011 1:35 PM
> > To: 'Mike Jaixen'; 'David Strong'; husker at tssi.com
> > Subject: Re: [Husker] McKewon on Caputo
> >
> > Looks like Caputo's charge was reduced to reckless driving.  My guess is
> he
> > will not sit out at all.
> >
> >
> http://huskerextra.com/sports/football/article_48ea6bee-3ef2-5ff2-9a35-820f4
> > 91a4019.html
> >
> > --
> > Skylar
> >
> > -----Original Message-----
> > From: husker-bounces at tssi.com [mailto:husker-bounces at tssi.com] On
> Behalf Of
> > Mike Jaixen
> > Sent: Monday, December 19, 2011 8:58 AM
> > To: David Strong; husker at tssi.com
> > Subject: Re: [Husker] McKewon on Caputo
> >
> > The assumption was that he would be suspended...and he still could be.
> But I
> > think Pelini is waiting for more information to be uncovered.
> >
> > The cynical side of me suggests that Pelini doesn't want to suspend his
> most
> > experienced center, as Cole Pensick hasn't played much this season.
> (That's
> > mitigated slightly since Pelini's nephew is the next in line after
> Pensick.)
> >
> > The realist in me suggests that Pelini views this situation differently
> > since Caputo wasn't actually driving when he was arrested. Perhaps Caputo
> > told Pelini that he didn't realize he was that impaired when he started
> to
> > drive home, but after he started, he realized he shouldn't be driving,
> so he
> > pulled over.  The legal system doesn't care about that; he still was in
> > control of the vehicle, so he still would be in violation of the law.
> That
> > detail might mean something to Pelini, and affect his final decision.
> >
> > I don't presume to speak for Pelini on this, but am only speculating as
> to
> > why Caputo hasn't been suspended yet.
> >
> >
> > Mike Jaixen
> > http://huskermike.blogspot.com
> > http://www.cornnation.com
> >
> >
> > ________________________________
> >  From: David Strong <gobigredlist at gmail.com>
> > To: husker at tssi.com
> > Sent: Monday, December 19, 2011 8:37 AM
> > Subject: [Husker] McKewon on Caputo
> >
> > http://www.omaha.com/article/20111218/BIGRED/712189868
> >
> > I did not realize that Caputo had not been suspended yet.
> >
> > Dave
> > _______________________________________________
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