After watching police Video they should have arrested him for DUI. It's obvious he was driving and should not have been.

 

I think I am more disappointed in the PD for not charging him. I have seen people arrested for DUI for much less proof they have driven.

 

Without absolute proof of driving, you can't be convicted of a DUI in Boone County. Why are you disappointed that they didn't charge him with something they knew would get dismissed?

It's no different than someone being arrested passed out in the car behind the wheel. This kid was passed out outside the driver car door with door wide open. To me that is probable cause to arrest. That is what the PD need is probable cause. Then up to the County Attorney to decide how to prosecute.

It's no different than someone being arrested passed out in the car behind the wheel. This kid was passed out outside the driver car door with door wide open. To me that is probable cause to arrest. That is what the PD need is probable cause. Then up to the County Attorney to decide how to prosecute.

 

As I asked, where were the keys, keys play a huge role here.

It's no different than someone being arrested passed out in the car behind the wheel. This kid was passed out outside the driver car door with door wide open. To me that is probable cause to arrest. That is what the PD need is probable cause. Then up to the County Attorney to decide how to prosecute.

 

Again, without actual proof the case gets dismissed. They arrested him for something they could actually charge him with. Why would you want cops to make arrests for things that are simply going to be thrown out?

 

So they arrest him for a DUI, then the prosecutor doesn't pursue it because he knows it's not possible to convict. What exactly have they accomplished?

My windows are super dark on my car. If I ever get pulled over in Boone County, I'm just going to hop over to the passenger seat before the cop gets to the window to avoid a DUI.

My windows are super dark on my car. If I ever get pulled over in Boone County, I'm just going to hop over to the passenger seat before the cop gets to the window to avoid a DUI.

 

Well, if you're in the car alone, you're still getting a DUI, but it would be a fun story to read about. :lol2:

Again, without actual proof the case gets dismissed. They arrested him for something they could actually charge him with. Why would you want cops to make arrests for things that are simply going to be thrown out?

 

So they arrest him for a DUI, then the prosecutor doesn't pursue it because he knows it's not possible to convict. What exactly have they accomplished?

 

I disagree - I am in court rooms daily and see people convicted for less proof.

 

Wonder if being a UK player plays a role?

I disagree - I am in court rooms daily and see people convicted for less proof.

 

Wonder if being a UK player plays a role?

 

In Boone County? Each county has different burdens of proof to convict.

My windows are super dark on my car. If I ever get pulled over in Boone County, I'm just going to hop over to the passenger seat before the cop gets to the window to avoid a DUI.

 

or just keep some beers on you and down them before the cop gets to the window. Tell him you were so upset with getting pulled over, you shotgunned a couple beers before he got to the window. I wasn't driving drunk, I just chugged beers right now.

I don't disagree with you or this premise....but I'm going to throw the challenge flag to everyone reading this thread:

 

Has anyone, or is anyone willing to admit, that when they were 19 - 22ish either 1) experienced the exact same situation or 2) drove under the exact same conditions ?

 

How many of you said at least one time in your life: I have no idea how I got home ?

 

If you answered yes to either and commented that he should receive a stiff penalty, then the logical follow up is: Did you ?

 

Thanks in advance for your honesty.

 

The Friday night after I turned 21 I was living in a far off place (Floyd County) due to work and had went out to "Celebrate". Got home late, realized I had no milk for breakfast and drove back into town to buy some milk. On the way back home I got pulled over and taken to jail for DUI. Once at the jail the officer, ended up citing me for AI instead of DUI because I blew right at the limit at the time. Yes, I caught a huge break...not really sure why I did, though. It had the desired effect as I have never drank and then driven afterwards again. I too am thankful that I never hurt anyone else or myself.

 

Had I been charged with DUI, I would have been in jail all weekend until seeing a judge on Monday. I would have lost my job (Which I went on to keep for 30years), never met my wife and who knows how my life would have turned out.

 

So while I have a disdain for people who drive drunk, I have been there and know that when people do that it is because they are selfish and aren't thinking of anyone but themselves. If Derek is charged with AI or DUI IMO doesn't matter, it's if he learns from this.

For those saying that he should have been charged with DUI, I can't disagree. But go sit in District Court and see how many times a 1st time DUI charge is amended down in court...In the court rooms I've sat in over the years I'd say around 75% of DUI's get reduced for 1st time offenders (if there are no other aggravaters). So at the end of the day he'll probably get the same judicial punishment as the DUI charge.

I have seen other places stating keys were actually in a house. If that is the case, without keys in car or on person, how do you prove intent to drive?

 

His girlfriend Keely Potts made a comment on KSR's page that the keys were in the house. My question is how the scenario played out. Did they get in the car with intent to drive and he realized the keys were'nt in his possession and attempted to go back in for them. Obviously he only made it 1 step then faceplant. LOL

 

I mean why would he be in a car with the door open if he was not driving?

Passed out in the street? My goodness, if this is a UL football player or OSU football player and he played 1 snap this upcoming season this site would never let it go.

Derek needs to be held accountable with a severe punishment to say the least. This isn't some kid a few weeks from 21 who had a beer. He could have easily killed someone or himself.

So you think he should miss the entire season?

Or you just think that UK fans would think all OSU Football Players should miss an entire season for an AI/PI arrest?

 

Even though I think you are kidding, you surely don't think anyone would expect any player to miss an entire season for drinking in college.

His girlfriend Keely Potts made a comment on KSR's page that the keys were in the house. My question is how the scenario played out. Did they get in the car with intent to drive and he realized the keys were'nt in his possession and attempted to go back in for them. Obviously he only made it 1 step then faceplant. LOL

 

I mean why would he be in a car with the door open if he was not driving?

 

I would have an answer to this if there wasn't a house involved...all the other factors are in place !

I would have an answer to this if there wasn't a house involved...all the other factors are in place !

 

Was it her house, with her parents home? :idunno: