Hearne: What Lies Ahead for Missouri Coach Gary Pinkel on His DUI Bust

Right now, the focus is on money and sports…

But the unasked and unanswered question facing Gary Pinkel on his DUI bust this week is very much about what lies ahead of him – not in the court of public opinion – but in the court of law. To that end, let’s take a look at what the Mizzou football coach is likely to be facing., according to missouridwi.pro.

"ISSUE ONE:  The Missouri Implied Consent Proceeding:  Under Missouri’s implied consent law, any person who operates a motor vehicle is deemed to have given consent to a chemical test or tests of the person’s breath, blood, saliva or urine for the purpose of determining the alcohol or drug content of the person’s if the arresting officer has reasonable grounds to believe that they have committed a DWI.

"This law requires you to submit to a chemical (breath) test when requested by a law enforcement officer following a lawful DWI arrest.  If you refused to submit to the test, your license was likely revoked for one year.  If you failed a chemical test (BAC of 0.08 % or greater (0.02 % or greater for persons under 21)), you likely face a 30 day suspension followed by 60 days of restricted driving privileges.  [Note:  This period is longer if you had a prior DWI type incident in the past five years.]"

That said, it’s pretty much a given that Pinkel was tested and failed that test.

However, we don’t have to gaze too far back to former Kansas City Star publisher Mark Zieman‘s wife Rhonda Chris Lokeman that in even a seemingly egregious DUI incident and arrest that where there’s a will, the system can be gamed.

So let’s proceed…

"If you had a valid Missouri drivers license at the time of your arrest, the officer probably seized your license and issued you a 15 day temporary driving permit.  You have 15 days from the date of your Notice of Suspension/Revocation is issued (usually your date of arrest) to request an administrative hearing to challenge this suspension / revocation.  If timely requested, a hearing is scheduled by the Department of Revenue.  The court may issue a stay order allowing you to continue to drive until the court issues its final order on your challenge.

"If the court rules in your favor, the suspension / revocation is canceled and your license is returned.  If the court denies your challenge, you will serve the remaining time for the original revocation period.  You will then need to meet the reinstatement requirements."

Chances are, given Pinkel’s stature in the state, he’s already well on his way where this remedy is concerned.

Now on to Issue Two.

"The Missouri DWI / Excessive BAC Criminal Offense:  Separate from the administrative (implied consent) suspension /revocation is the criminal charge for driving while intoxicated (DWI) or driving with excessive blood alcohol content (BAC)."

Now the caveat:

"Important:  The implied consent revocation / suspension and the criminal DWI case are completely separate proceedings from one another."

As a first offender – unless he can wiggle out of it like Lokeman – Pinkel probably faces the following:

"If you failed a breath test (or other chemical test), you generally face a shorter suspension / revocation (depending on your five year DWI history)."

The kicker: " If you are convicted of the Missouri DWI offense or Excessive BAC offense, you will also lose your Missouri drivers license (or your right to drive in Missouri if you don’t have a valid Missouri license) for 30 days followed by 60 days of restricted driving privileges."

In either case, it’s likely Pinkel would be granted what’s called an LDP or limited driving privileges to go to and from work and/or conduct his business such as recruiting. However, it won’t be easy for him to get his mitts on a rental car when he’s out trolling for players, say in Texas. Not without a valid driver’s license to show.

So it could prove messy. Especially given that there’s usually a 30 to 90 day waiting period for an LDP.

Which brings us to the penalty phase of the matter. Typical penalties include the following:

    • 30 day Missouri license suspension followed by 60 days restricted license;
    • fine;
    • jail possible but not required;
    • possible ignition interlock device;
    • 8 points added to driving record.

Can Pinkel bargain the charges down to a lesser offense?

"Perhaps.  Negotiating a client’s case with the prosecutor is something that your Missouri lawyer can advise you about.  Sometimes a plea to a lesser type offense is possible.  Sometimes a suspended imposition of sentence is possible.  This SIS can result in the dismissal of the DWI charge upon successful completion of the program requirements.  In some cases, your only option will be to plead to the DWI / Excessive BAC offense or take your case to trial."

Possible slam time is dependent on Pinkel’s driving record and the blood alcohol level he tested at. Oh, and which court he’s tried in and which judge he gets.

Can Pinkel dodge the DUI bullet? Maybe. There are lots of good lawyers out there, connected ones too.

 

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26 Responses to Hearne: What Lies Ahead for Missouri Coach Gary Pinkel on His DUI Bust

  1. chuck says:

    Shake that money maker.
    Ya drink 2 beers in an hour, ya blow over .08.

    In my opinion, there are very few folks, who at some time have not slugged 2 beers and then drove home for dinner with the missus.

    I am not sayin Pinkel only drank two beers or blew a .08, I AM sayin, that DUI laws, have a lot more to do with revenue and manipulation of the masses, than the sanctimonious, self righteous pretensions of our law makers, of which ALL have driven drunk numerous times.

    Gllaze should give us the odds on that.

  2. Guy Who Says What Others Think says:

    From inside the Boone Co. Sherriff’s dept
    Pinkel refused to take breathalyzer, or any other sobriety test other than the field sobriety test.

  3. Jim says:

    DUI – The money maker
    DUI’s are a giant money grab for city, county and state agencies. 1st time offenders are run through the system like clockwork. After your court date, it will be an S.I.S., 30 days suspended, SATOP classes, 60 days restricted and 2-years unsupervised probation and 2 year requirement of SR-22 insurance.. It’s a freaking well-olied machine. All the cities and counties and state agencies are in on the money grab. All in all, plan on about $2500-$4000 for the experience. Your lawyer will tell you to get ready to start writing checks. I have NO problem with the way the DUI laws are enforced or the consequences of getting one. Once is enough. If it doesn’t change your behavior after going through the process ONCE, then you are a glutton for punishment.

    Having said all that, you CAN beat the charge. But, it’s just a matter of who you want to write the checks to.

  4. Robertoe says:

    .08% is ridiculous
    right on Chuck. drunk driving wrecks lives but so does .08%. MADD has gone overboard and we let them. Its just like the sanctimonious gals that brought us the stupidity of prohibition. It should be raised to .15%. I’ve got a buddy who blew just over .08% and it cost him $6k and his job.

    I’ve been single for a couple of decades. I’m a big drinker and socializer. Never had any such drinkdrive problems because I’m smart about it. Always drive prudent & low profile and cab-it lots. In fact I just got back from retrieving my Taurus this morning. Try that with a Lotus!

    What you drive does make a statement about who you are and I don’t give rats ass about vacuous status symbols…. and I sure as hell don’t flaunt it or ever worry about my frigging car!

  5. Bob Loblaw says:

    Always wondered …
    Is there a difference between a DUI and DWI, or is just a matter of semantics, what state you’re in and what they call it, etc.?

  6. TIAD says:

    To Sum Up….
    1. “….it’s pretty much a given that Pinkel was tested and failed that test.” Really? Says who?

    2. Pinkel should’ve taken a cell phone pic of his arresting officer.

    3. Pinkel has retained Perry Mason (Raymond Burr) as his attorney.

  7. Hearne Christopher says:

    I think politics play a big role in the current DUI laws as well.

  8. Hearne Christopher says:

    Interesting. That’s how Rhonda got off – part of how she got off.

  9. Hearne Christopher says:

    From what I read in Missouri, they’re the same. Just another way of terming “drunk driving”

  10. Gerald Bostock says:

    help me rhonda
    The first thing I thought of when I heard Gary Pinkel was busted for DUI was “I wonder if Hearne will be able to somehow bring Rhonda Lokeman into this so he can continue his fatwa against Scott and Zelda Zieman.” Kudos to you, sir. Your next challenge: See if you can work Rhonda’s mug shot into your inevitable story of “there weren’t as many people on the Plaza Thanksgiving night as the Star says.”

  11. Johnny says:

    HYPOCRITS
    Lets hear it from harley or kcfred about their esteeemed leader. Both of these ^^$#%^*$s wanted to hang Joe Paterno from the highest tree last week for something he did not do….But today….silence…. whne one of their own is piece of shit, drunk off his ass endangering the innocnet publis driving loaded weapon 60-70 mph down the street of Columbia… he could have killed someone…he shoudl be in jail. He did not blow becuase it would have shown .25 or more.

    THIS IS JUST ANOTHER IN A LONG RUN OF BLACK MARKS mu MAKES ON THE GREAT BIG 12. The sooner mu gets the fk out of this conference the better we all will be. No longer will the good schools be affected by stupid things mu does from Paige arena to racist plantingt cotton balls on campus to mu athletes calling coaches wives from jail to mu player getting busted with trunks full of marijuana. mu is a disgrace university…and that is why Pinkel has to drwon his sorrows in booze.

    People trying to deflect this and say .8 is unfair….PINKLE WAS WAAAAAAYYY MORE DRUNK THAT THAT. HE REFUSES THE BREATH TEST…..HE IS A DISGRACE…AND SHOULD BE FIRED…… AND mu should be kicked out of the Big 12….well, unless we can get 20 million Dollars from them leaving on theri own…. win win for everyone…. fk mu and every mu fan…. you big mouths need to fees up and admit what pathetic losers you are.

  12. Hearne Christopher says:

    Well, the early reports cited the police as declining to release what he tested. Obviously there was more to be learned. Refusal to submit is covered above as well. And again, that’s how Lokeman got off – how she went about getting off. Anybody who has watched those Pitch police videos of her arrest would have a hard time believing that somehow she walked but…

  13. kcfred says:

    Johnny part 2
    He did the crime, he’ll do the time.
    He will pay handsomely for this (already has), he manned up, admitted it…and Johnny…why do you care?
    Why does Mizzou get so deeply under your skin, son?
    Let’s face it, you’re going to miss Mizzou when you’re in a bar somewhere watching TV and KU is playing Montana in the Big Sky conference.
    Wasn’t it your athletic director(sweet Lou) run out of town because he was dirty?
    Wasn’t your football and basketball teams involved in a huge brawl last year?
    I don’t remember a whole lot because KU means nothing to me.
    And I never said anything about Paterno. Pay attention.
    Ready for your last yearly beat down next week?

  14. Merle Tagladucci says:

    MADD is a joke. They’re anti-drinking – period.

  15. Johnny says:

    you are a hypocrit fred, the worst type of human.

    and it is waaaaaaaay too funny tha tBIG MOUTH HARLEY IS NOT SHOWING FACE/COMMENTS…
    HE IS WORSE THAN freddyboy

  16. INCREDULOUS says:

    LOOKS LIKE THE STAR BEAT YOU ON THIS ONE
    What, are you kidding me?

    Go pick up the damn newspaper! It’s going to cost him $300,000! This law and order crap is chump change for a guy who makes $40K per WEEK.

  17. kcfred says:

    Johnny part 2
    Learn to spell and write in complete sentences. That might be your KU education speaking?
    You might make a better argument. I doubt it, though.

  18. Johnny says:

    where is harley???
    SO FUNNY THAT HARLEY IS NOT COMMENTING ON HIS LOSER, DRUNKEN, POTENTIALLY MOTOR VEHICLE HOMICIDAL FELONY HEAD FOOTBALL COACH…. WHAT THE PROBLEM HARLEY?? …REMEMEBR LAST WEEK??? WHEN YOU WANTED TO LYNCH JOE PATERNO??? COME ON HARLEY TELL US WHAT YOU THINK OF YOUR DRUNKEN COACH DRIVING 60-70 MPH IN A RESIDENTIAL AREA…. REFUSING BREATH TESTS??

    FUCKING PATHETETIC mu DOUCHEBAGS….. bunch of fking hypocrites….

  19. kcfred says:

    Johnny Can’t Read
    It’s not a felony. He wasn’t around children and he wasn’t speeding. He failed to signal a lane change.Where the hell do you make up this stuff? Can you read? Friends don’t let friends send their kids to KU if this is the result.
    Come back when you learn how to spell, read and write.

  20. Johnny says:

    freddyboy, you are not worth the time…

  21. chuck says:

    Bostock’s ref, no matter what your opinion,
    is fuckin perfect.

    Gimme a fuckin break.

    An F Scott and Zelda ref????

    Very cool.

  22. harley says:

    Hey johnny d…
    go mizzou….did you even go to college buddy? thought you were cleaning the pans and dishes like a
    dog when you were young…sweating your blls off.
    Everything you do turns to crap…restauarants…cookies…tamales…all are bankrupt…

  23. Orphan of the Road says:

    DUI/DWI
    DWI seems to be the term in this area. When I moved to Philadelphia 30yrs-ago was the first time I encountered the term DUI.

    Our company was instituting a drug/alcohol policy when the Sr. VP of sales was snagged one night. He refused to be tested (PA and most East Coast states will not allow a breathalyzer to be used as evidence. You pee or have blood taken.

    When the piss test was put in place, you could blow 0.05 and not be in trouble.

    The gentleman who invented the breathalyzer has become an expert witness against the machine. Says he it is such a flawed test it is totally unreliable.

    Get ready for 0.02 to be the new standard.

    PS MU was very hypocritical in their punishment of Pinkel. Should not those chosen to lead be held to at least the same standard as those who rank beneath them?

    Everytime I read a story like this I am thankful I grew up in a time where if you f’d up the cop would take you home and you came to the station the next day to pick up your keys.

    Guy I went to school with has (at least) 30 DUI arrests and probably convictions. His wife calls the police anytime he gets out of the house alone. Saw him 8am holding up a building on Independence Avenue.

  24. Johnny says:

    THEN SHUT UP FOREVER HARLEY
    fking big mouth harley….nothing to say eh?
    If you have nothing to say here…… shut the fuck up forever…..you POS

    Why dont you shut your fucking mouth forever you bragging blow hard.

  25. Johnny says:

    No jail time, just a pay docking? fkg Hypocrites
    from the Star today
    “”Suspended Missouri football coach Gary Pinkel on Friday morning entered a guilty plea to a Class B misdemeanor for driving while intoxicated and was given a 30-day suspended sentence

  26. Super Dave says:

    Being A Star Makes A Difference……Or Does It?
    I say without a doubt Pinkel should be punished the same as anyone else for DUI while on a public road.

    As same time I as well say hats off to the man for standing up and saying I am guilty and was wrong let me have it. He knew the press would have a hay day with it and they are. He as well knew people such as me are going to be saying he should be treated the same as anyone else in a court of law and I hope he is but to many times people of higher being in the public eye and status get away with things common people will not. The school has fined him whatever and I could really care less what MU does it

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