Something fishy about the Cole Kelly arrest video

[HankHog]

I have now watched the Cole Kelly arrest video and I am confused.  I have seen someone who is drunk and most will slur their speech.  However, Cole sounds perfectly fine.  You can tell he is completely confused about why he is being arrested just for going over a curb.  He asked the officer if it was against the law to drive over a curb to which the officer answers yes.  Now if this is against the law I have broken the law in my truck many times and yet I have never been arrested or even pulled over for doing that.  Also, why is this video out for public viewing?  I am sure there are other DUI videos, so how do we get access to those.

Something doesn't smell right with this entire situation.

[synthartist69]

I have now watched the Cole Kelly arrest video and I am confused.  I have seen someone who is drunk and most will slur their speech.  However, Cole sounds perfectly fine.  You can tell he is completely confused about why he is being arrested just for going over a curb.  He asked the officer if it was against the law to drive over a curb to which the officer answers yes.  Now if this is against the law I have broken the law in my truck many times and yet I have never been arrested or even pulled over for doing that.  Also, why is this video out for public viewing?  I am sure there are other DUI videos, so how do we get access to those.

Something doesn't smell right with this entire situation.

[synthartist69]

I got pulled over in Van Buren for slightly running off the road where a curb would normally be. Not drinking, street had no street light, coming home from working a 14 hour shift. Cop pops out and pulls me over and acts like a total jerk... like many of them do. You would have thought I had robbed a bank or something.

[rhames]

I got pulled over in Van Buren for slightly running off the road where a curb would normally be. Not drinking, street had no street light, coming home from working a 14 hour shift. Cop pops out and pulls me over and acts like a total jerk... like many of them do. You would have thought I had robbed a bank or something.

Did you turn down a breathalyzer test?



Regardless no reason to release the video other than if it has something to do with ABC investigating the establishment he was at.

[IronMountainHog]

He's not 21. The BAC maximum is lower for under 21. He can blow like .05 and be considered drunk by the law where over 21 is .08 BAC.

[Nafunu32]

It's 0.02. My argument is that it should have never reached the point of being taken in to take a BAC based off of that video. The video wasn't complete, so we don't see his actual manner of driving or the whole 30 second One Leg Stand test. The video was most likely released due to freedom of information act requests.

[buldozer]

It is fishy. The kid has a bum foot and holds it dead still for 10 seconds balancing on one foot. He never should have been arrested. Typical bully cop prolly thought he would bluff him into blowing in order to charge him.... Cole didn't fall for it and refused. Good for Cole. Minor limit is so low he would have blown over the limit if he just tasted someone's drink..... Now he should walk once his lawyer gets done with the FPD.

[rhames]

It's 0.02. My argument is that it should have never reached the point of being taken in to take a BAC based off of that video. The video wasn't complete, so we don't see his actual manner of driving or the whole 30 second One Leg Stand test. The video was most likely released due to freedom of information act requests.

You also can't smell his breath or look at his eyes.

[rhames]

Can't believe the excuse making when there is safe ride and uber up there

[#1Fan]

It is fishy. The kid has a bum foot and holds it dead still for 10 seconds balancing on one foot. He never should have been arrested. Typical bully cop prolly thought he would bluff him into blowing in order to charge him.... Cole didn't fall for it and refused. Good for Cole. Minor limit is so low he would have blown over the limit if he just tasted someone's drink..... Now he should walk once his lawyer gets done with the FPD.

His license will be suspended for refusing.  The DUI is a separate matter that will require some proof, such as the video or testimony by the observing officer.

[Calvin Swine]

Before everyone turns into Matlock, it is illegal to go over a curb, as it's not part of the intended drivable "roadway". An officer can issue a citation for "careless and prohibited driving" which is a good catchall for many traffic violations and going over the curb certainly will fall under that statute.   

Once a person is pulled over for a violation, a.k.a. "probable cause" in the courts, anything the officer finds beyond that (alcohol, drugs, warrants, and so on) is fair game to charge the individual with.  Any judge worth his/her salt will accept driving over a curb as reasonable "probable cause" to make the stop.

Also, slurred speech is only one of many indications of intoxication.  There's a whole bevy of tests and indications a good officer will build upon (and build his/her court case on) before making the arrest and charging the individual.

[TheEnemy]

He is a minor....so just the odor of alcohol is probable cause to arrest....regardless of how well he performed on the tests.

[zuko]

I got pulled over in Van Buren for slightly running off the road where a curb would normally be. Not drinking, street had no street light, coming home from working a 14 hour shift. Cop pops out and pulls me over and acts like a total jerk... like many of them do. You would have thought I had robbed a bank or something.

You should watch your speed limit on Pointer Trail on Sunday Morning when families are hustling to get to church on time.

[Calvin Swine]

He is a minor....so just the odor of alcohol is probable cause to arrest....regardless of how well he performed on the tests.

Not necessarily.  It's about causing a reasonable doubt if I'm his defense attorney.  Could beer have been spilled on his clothes by another person while he was at a party?  Likely?  Probably not but not completely out of reason.  Regardless, he didn't take the breathalyzer or the blood test so he put his own head through the noose.  Not taking the test is practically as good as an admission of guilt. 

[TheEnemy]

Not necessarily.  It's about causing a reasonable doubt if I'm his defense attorney.  Could beer have been spilled on his clothes by another person while he was at a party?  Likely?  Probably not but not completely out of reason.  Regardless, he didn't take the breathalyzer or the blood test so he put his own head through the noose.  Not taking the test is practically as good as an admission of guilt.

Probable cause and reasonable doubt are two separate things.

And odor of an alcoholic beverage on breath is probable cause for the arrest.

[Calvin Swine]

Probable cause and reasonable doubt are two separate things.

And odor of an alcoholic beverage on breath is probable cause for the arrest.

Yes, probable cause and reasonable doubt are separate things.  Probable cause is why the officer can make the stop.  A simple odor of alcohol is only 1 factor that should be considered in making an arrest.  In this case, coupled with going over the curb (probable cause) is enough to make an arrest as the officer can make the case he viewed evidence of impairment.  IF the officer only smelled alcohol without witnessing the driver going over the curb... well a good defense attorney could swing a judges verdict on that by creating a "reasonable doubt" in the courtroom.  Any officer could make an arrest solely on smelling alcohol but once it went to court his/her case would be far from bulletproof. 

[TheEnemy]

Yes, probable cause and reasonable doubt are separate things.  Probable cause is why the officer can make the stop.  A simple odor of alcohol is only 1 factor that should be considered in making an arrest.  In this case, coupled with going over the curb (probable cause) is enough to make an arrest as the officer can make the case he viewed evidence of impairment.  IF the officer only smelled alcohol without witnessing the driver going over the curb... well a good defense attorney could swing a judges verdict on that by creating a "reasonable doubt" in the courtroom.  Any officer could make an arrest solely on smelling alcohol but once it went to court his/her case would be far from bulletproof.

Simply pointing out there is nothing fishy.

With a minor, the odor of an alcoholic beverage is probable cause to arrest.  What will hold up in court depends on what the jurisdiction and what judge you have.

But the arrest is not fishy because it takes very little pc to make the arrest due to him being a minor and the BAC limit of .002.

[Calvin Swine]

Simply pointing out there is nothing fishy.

With a minor, the odor of an alcoholic beverage is probable cause to arrest.  What will hold up in court depends on what the jurisdiction and what judge you have.

But the arrest is not fishy because it takes very little pc to make the arrest due to him being a minor and the BAC limit of .002.

I'm glad we can agree then.   

[DeltaBoy]

He was smart not to blow cause some mouthwash was set it off!

https://www.walmart.com/ip/Dr-Tichenor-s-Antiseptic-Mouthwash-Peppermint-16-Fl-Oz/10320243?wmlspartner=wmtlabs&adid=22222222222010775818&wmlspartner=wmtlabs&wl0=e&wl1=o&wl2=t&wl3=10358857871&wl4=kwd-4587299952200612&wl12=10320243_0&wl14=dr%20tisher%20mouthwash&veh=sem

[rhames]

He was smart not to blow cause some mouthwash was set it off!

https://www.walmart.com/ip/Dr-Tichenor-s-Antiseptic-Mouthwash-Peppermint-16-Fl-Oz/10320243?wmlspartner=wmtlabs&adid=22222222222010775818&wmlspartner=wmtlabs&wl0=e&wl1=o&wl2=t&wl3=10358857871&wl4=kwd-4587299952200612&wl12=10320243_0&wl14=dr%20tisher%20mouthwash&veh=sem

I'm sure he just got done brushing his teeth and that is what he was worried about 

[longpig]

Before everyone turns into Matlock, it is illegal to go over a curb, as it's not part of the intended drivable "roadway". An officer can issue a citation for "careless and prohibited driving" which is a good catchall for many traffic violations and going over the curb certainly will fall under that statute.   

Once a person is pulled over for a violation, a.k.a. "probable cause" in the courts, anything the officer finds beyond that (alcohol, drugs, warrants, and so on) is fair game to charge the individual with.  Any judge worth his/her salt will accept driving over a curb as reasonable "probable cause" to make the stop.

Also, slurred speech is only one of many indications of intoxication.  There's a whole bevy of tests and indications a good officer will build upon (and build his/her court case on) before making the arrest and charging the individual.

Thanks Matlock

[TheEnemy]

He was smart not to blow cause some mouthwash was set it off!

https://www.walmart.com/ip/Dr-Tichenor-s-Antiseptic-Mouthwash-Peppermint-16-Fl-Oz/10320243?wmlspartner=wmtlabs&adid=22222222222010775818&wmlspartner=wmtlabs&wl0=e&wl1=o&wl2=t&wl3=10358857871&wl4=kwd-4587299952200612&wl12=10320243_0&wl14=dr%20tisher%20mouthwash&veh=sem

Most breathalyzer detect mouth alcohol and show an error.  After 15 minutes mouth alcohol is gone.

[gangstaback]

Where did Austin Allen go to high school? It's pretty simple what happened.

5 am on a weekend. College looking kid driving a big truck. FPD is trigger happy. Saw it was Cole Kelley. Immediately guilty. Released video before FOI requests start coming in and questions being asked to show "transparency".

If the cop didn't do this, Austin Allen would not have seen the field again until the 4th quarter of the Mizzou game based on his performance and appearance against LSU.

[gangstaback]

Can't believe the excuse making when there is safe ride and uber up there

Do you ever / did you ever SafeRide on a regular basis?

Could you provide an estimate of what YOU believe using Uber would cost a college kid going out regularly on a monthly basis?

[jneal56]

Before everyone turns into Matlock, it is illegal to go over a curb, as it's not part of the intended drivable "roadway". An officer can issue a citation for "careless and prohibited driving" which is a good catchall for many traffic violations and going over the curb certainly will fall under that statute.   

Once a person is pulled over for a violation, a.k.a. "probable cause" in the courts, anything the officer finds beyond that (alcohol, drugs, warrants, and so on) is fair game to charge the individual with.  Any judge worth his/her salt will accept driving over a curb as reasonable "probable cause" to make the stop.

Also, slurred speech is only one of many indications of intoxication.  There's a whole bevy of tests and indications a good officer will build upon (and build his/her court case on) before making the arrest and charging the individual.

Look you can't make complete sense and tell these people facts! You should see the nonsense in the other thread about this same subject. Beginning to wonder if it's the same guy with another account because he was the first to respond to this thread.