DUI: Springsteen blew 0.02 - quarter of legal limit, source says

[My Pet Orangutan]

Springsteen blew 0.02 - quarter of legal limit, source says

New Jersey rock icon Bruce Springsteen’s blood-alcohol content was 0.02 - just a quarter of New Jersey’s legal limit - when he was arrested on Sandy Hook in November and charged with driving while intoxicated, a source familiar with the case told the Asbury Park Press.

The legal threshold indicating intoxication for driving purposes in New Jersey is .08, which calls into question why Springsteen was even charged with driving while intoxicated, the source said.

Springsteen, 71, a native of Freehold who lives in Colts Neck, was arrested Nov. 14 at Gateway National Recreation Area on Sandy Hook, a federal park, and issued citations for driving while intoxicated, reckless driving and consuming alcohol in a closed area, according to the National Park Service.

https://www.app.com/story/news/local/courts/2021/02/10/springsteen-blew-0-02-quarter-legal-limit-source-says/6712582002/

So, charges of

- Reckless Driving
- DUI
- Consuming alcohol in a closed area

I'm thinking the cop was pissed off.

[5X]

1. maga cop exacting revenge.

we've seen it before in bodycam video.

[bullwinkle428]

18. Bruce's "41 Shots", about the brutal murder of Amadou Diallo at the hands

of a few cops, I'm sure still pisses off some of the more thuggish members of the law enforcement community. No doubt that a few are looking for some kind of "payback".

[lisa58]

2. Monmouth County- like living in a red state

[Maraya1969]

5. I grew up there. I couldn't believe how many of my high school classmates were MAGATS

On Facebook are separated between GQP and Democrats. One of the GQPs even talked in a thread about how, "You'll see" regarding Dump and the election; after he lost. I'm sure he was in contact with the group that stormed the capitol. I gave his name to the FBI as a person of interest.

I also have realized that most of the GQP ones were not good students.

[Dorian Gray]

7. I grew up there too

And same. A lot of Republicans growing up.

My High school facebook friends are often MAGA. There's a reason I relocated to Brooklyn.

If his BAC was .02, then the arrest makes little sense outside of the police officer puffing up his chest.

[lisa58]

10. I did not grow up here, let's just say...

You didn’t go to a blue collar bar during the Trump Administration

[Maraya1969]

19. There are a lot of very middle class areas in Monmouth County. eom

[lisa58]

22. Yes - small businesses; mom and pop shops...

And then the crazy rich

[no_hypocrisy]

3. I'm a NJ traffic attorney and I'm surprised about

Springsteen's attorney (unless he just plead guilty to all).

I would have amended the charges. Reckless to careless driving. Or dismissing the alcohol charge due to the low level. Or merging the open bottle and the low DUI into just one charge of careless.

In my experience, the only thing that gets in the way of a promising plea bargain with the Prosecutor is a hard-ass cop who won't agree to the new charges.

Plus, I know the exact area. It's like a deserted big parking lot when summer's over and the ticket was in November. Springsteen offered little or no danger to pedestrians and/or other vehicles. In hindsight, the cop should have given him a warning, not b/c he's Springsteen, but due to the circumstances.

[My Pet Orangutan]

4. I can image a cop having all sorts of axes to grind

given Springsteen's public profile.

[pnwmom]

6. In NJ they can get a DUI conviction for an .02? Even though the legal limit is .08?

Why would a cop be able to veto the dismissal of that charge, if it was incorrect?

[no_hypocrisy]

9. 0.08 IS the legal minimum limit.

However, that being said, according the Defensive Driving course put out by NJ AAA, *any* amount of alcohol is considered DUI. But there's also a defense in NJ law called a de minimus offense where technically you broke the law, but your infraction wasn't the basis of legislation. Example, you take an orange from an all-you-can-eat buffet at a casino, to take with you when you leave, to eat later and you're charged with theft. That's de minimus. With Springsteen 0.02 doesn't pose a threat to him staying on the road, reflexes to avoid a collision, following traffic regulations, or hitting a pedestrian. I really get the feeling the police officer just wouldn't bargain with the Prosecutor. Otherwise, you can *always* get a deal behind closed doors (unless you cussed and insulted the cop).

[muriel_volestrangler]

20. But that particular charge doesn't even seem to have been a 'technical' infraction

What the AAA, a private organisation, thinks is surely irrelevant. The "reckless driving" charge seems like it'd need a bit of evidence, but if there 2 cops who witnessed it, I can see it might stick. The "consuming alcohol in a closed area" seems strange - I can't find it as a phrase used elsewhere. Is this something to do with Covid restrictions, perhaps?

[former9thward]

28. There is no legal limit for alcohol use in any of the 50 states.

The 0.08 limit is a standard used to presume impairment. If you are below 0.08 the state has to prove you were impaired by other evidence (such as mishandling your vehicle, odor of alcohol, slurred words, etc.). If you are above 0.08 then the driver is presumed impaired and it is up to the driver to prove they were not impaired by bringing in other evidence (medical condition, road conditions, etc.).

In this case Springsteen refused to take a breath test. It is unclear where the 0.02 is coming from.

[pnwmom]

29. The .02 is supposedly from a blood test. And he was smart not to take a breath test

since they have a high false positive rate. Everybody would be smart to ask for a blood test instead.

https://dmcantor.com/blog/dui-breathalyzer-false-reading

While most prosecutors and law enforcement officials would have you believe that the results of a breathalyzer test are infallible, that is a bit of a stretch on the truth. Generally, breathalyzer tests are only accurate approximately 40% of the time. Factor into that statistic that the testing equipment itself has an inherent margin of error between .005 and .02% in its BAC readings. Taken into consideration, these various characteristics can lead to a false positive reading by a breathalyzer test. That false positive reading means that you will be charged with driving under the influence (DUI), a very serious crime which can have wide ranging implications on your daily life.

[former9thward]

30. I agree on the breath test.

But no one can point to where the 0.02 is coming from. It is a "source". That could mean anything or just a rumor.

[Dorian Gray]

8. Yes!

In November, Sandy Hook would be empty! While Springsteen shouldn't have been driving with an open container... big no no.... I do have to say, I know some of the cops in the general vicinity and they're not above driving with open containers.

Bruce is a local hero. So it's surprising.

[Jersey Devil]

12. You might be missing some important facts

I am a retired NJ attorney and have handled hundreds of DUIs on both the prosecution and defense side. Although unusual, I have seen people arrested for DUI with very low breath readings, especially back in the days when the cops would routinely video everyone arrested for DUI and the video showed them bouncing from wall to wall or falling over apparently "drunk" with readings below .08.

If the cops saw behavior like that with a low reading they would usually seek a blood test for drugs. We have no idea if they did that with Springsteen.

[benld74]

11. Boss is 71 ?!?!

[xxqqqzme]

14. September 23, 1949

n/t

[augyboston]

13. Pure speculation, but...

I wonder if the song American Skin (41 shots) played a role here?

[The Jungle 1]

15. Bruce is a proud Democrat. Cops are republican.

[emily333]

16. Maybe the cop doesn't like Nebraska (the album)?

[Ford_Prefect]

17. It does sound like a zealous officer intent on a conviction with a prominent Dem celeb as the target

I've seen cops do this with nobodies as well. It's like they need to get their ya-ya's out by coming down hard on the victim they chose. Wise and humane judgement are out the window. They want to administer the punishment on the spot.

I'm thinking this is also in the context of the Super Bowl advertising, but I may have a bias there. The arrest date was Nov 14th so it seems the ad had nothing to do with it. That doesn't mean there weren't other motives behind the policeman's response... or perhaps he was only doing his job and insisting on a celebrity's day in court?

[BlueLucy]

21. POT maybe?

[cwydro]

23. What I find odd is that he'd be out in a closed national park.

I’m guessing he’s got plenty of land.

I haven’t done that drinking beer in a parking lot thing since high school/college.

There’s something sad about it.

[former9thward]

24. Who is the "source"?

And why should they be believed?

[My Pet Orangutan]

25. I'm thinking Bruce, talking to his local paper.

[Bernardo de La Paz]

26. I expect he will be ticketed for consuming in a closed area and the charges will be dropped. . . nt

[no_hypocrisy]

27. New Details Emerge In Bruce Springsteen's DWI Arrest

-snip-

According to the New York Post, a "music industry insider" claims that The Boss was only arrested after he pulled over on his motorcycle in the park to take pictures with fans. One of them offered Springsteen a shot of tequila in full view of nearby cops.


"Bruce stopped, took the pictures, then a fan offered him a shot of liquor, which he took while sitting on his bike, which was stationary," the source told the publication. "Park Police saw what happened and they immediately pulled Springsteen over as he drove away."

Springsteen, 71, received three citations – DWI, reckless driving and consuming alcohol in a closed area – following a Nov. 14 arrest at Sandy Hook, according to a spokesperson from the National Park Service.

-snip-

"Although the law refers to a 0.08 percent BAC, you can be convicted of driving while under the influence of intoxicating liquor even when your BAC is below 0.08 percent," according to the New Jersey Office of the Attorney General website. "Consuming even small amounts of alcohol dulls the senses, decreases reaction time, and hampers judgement, vision and alertness. If you consume any amount of alcohol and your driving is negatively impacted, you can be convicted of drunk driving."

-more-

https://patch.com/new-jersey/marlboro-coltsneck/new-details-emerge-bruce-springsteens-dwi-arrest


And -- apparently this is not a done deal. Just an arrest and there has been no conviction b/c no trial yet.

There should be a lot of negotiating for a plea deal between now and then.