Courant article: After Second Mistake, Tyler Olander Needs To Smarten Up

[HooperScooper]

Warning - it was written by Jeff Jacobs.

After Second Mistake, Tyler Olander Needs To Smarten Up

 

[UCONNfan1]

It will be interesting, to say the least, to see how this plays out. I'm no Jacobs fan, but he brings up some good points about not rushing to judgment and asks fair questions about how the grey area in the laws will impact Tyler. I think he was dumb, but I hope he's suited up come November...

 

[Kitaman]

As stupid as it first seemed based on the article it could have happened to any number of kids. Maturity is not automatic and has its own pace.

Maybe he should be attached to Giffey for the next few months.

 

[sanchez42885]

Obviously the most interesting fact here is that he allegedly passed the breathalyzer test.

 

[Sportsman5]

Obviously the most interesting fact here is that he allegedly passed the breathalyzer test.

that is interesting, but it doesn't mean he wasn't doing other things that could impair his judgement and coordination. Also, the actual BAC matters. There is a huge difference between .02 and .075. I could take 4 shots of alcohol over a 30 minute period and be a little under .08, but I would feel very drunk. It may not matter from a purely legal perspective, but it does matter when it comes to how poor of a decision he made and how much he put others at risk.

 

[superjohn]

Again I don't want to rush to judgement but if it's true that Tyler passed the breathalyzer test than it certainly seems like he will be back as a Husky. If this is true about the breathalyzer test and that the owner in the car was in the passenger seat then it seems like Olander's judgement isn't as bad as everyone thinks. Doesn't make sense that he would fail the field sobriety test but pass the breathalyzer, has to be more to the story.

 

[61cygni]

He's just really uncoordinated, even when not drunk.

 

[huskymedic]

that is interesting, but it doesn't mean he wasn't doing other things that could impair his judgement and coordination. Also, the actual BAC matters. There is a huge difference between .02 and .075. I could take 4 shots of alcohol over a 30 minute period and be a little under .08, but I would feel very drunk. It may not matter from a purely legal perspective, but it does matter when it comes to how poor of a decision he made and how much he put others at risk.

He was also "lucky" by just under 60 days - under 21 years old is primarily zero tolerance (.02 BAC) in CT.

 

[Stinger92860]

Obviously the most interesting fact here is that he allegedly passed the breathalyzer test.

And the car may have been registered.......

 

[Scot-e]

I heard there may be news coming out that is in TO's favor- not meaning he is not a idiot for getting pulled over but that it may help diffuse this latest $%&@ up somewhat.

 

[Devland]

This is not to pass judgment on Tyler. I have no idea what the true facts of his case are. But there has been a lot of questions about the accuracy of the breathalyzer. Due to this fact, Pennsylvania state police have suspended use of the breathalyzer and use blood samples now. Last time I was in Pennsylvania there was a report on the news about this. The main cause of the inaccuracy was improperly calibrated breathalyzers. An audit was done and a certain percentage of the machines were either reading too high or too low due to faulty calibration.

 

[mauconnfan]

I hope it all works out for Tyler and Lord knows we can use his body out there despite some peoples feelings......

But for his sake he really does need to smarten up and understand who he is representing at the very least. His "errors in judgement" of late are scary for a young man in his position of life. He has to grasp that before he can be successful anywhere in the future and I hope he does.

 

[gars44]

Boy, I didn't know any of this. I just saw the headline and assumed he was guilty (like most everyone else). I can't believe they even arrested him. Speaking as an attorney who used to do a lot of DUI in Connecticut (all PI now), I am going on record with my not so bold prediction that this is going to be nolled. Dropped. #1, the cops can pull over anyone they want any time, especially at night, for "weaving." Everyone is always "weaving." It's a cop judgment call, and they can invoke this pretext for pulling you over at any time. If they are not otherwise occupied after 11 p.m., and you drive by, you are the next candidate to be "weaving." Second, the horizontal gage nystagmus test (following the pen back and forth with your eyes) is just as subjective as weaving. Your eyes are supposed to be observed "quivering" a little at the endpoints. Really? He passes all the handstands and the one foot hopping and then flunks the HGN? I don't think so. Look, if this kid did not blow over .08, this is a nolle, no questions asked. Team rules prohibit drinking. He was drinking. This is a violation of team rules, but it is not criminal one bit to drive below .08. You are perfectly within your rights to drive at .0799999. In fact, I've seen cases where they don't even prosecute at .081 because there is an error factor in the test, and it affects the burden of proof "beyond a reasonable doubt." And when they finally drop this so-called case, people will say it's because he's a Uconn basketball player. That won't be the reason.

 

[ctchamps]

I hope it all works out for Tyler and Lord knows we can use his body out there despite some peoples feelings......

But for his sake he really does need to smarten up and understand who he is representing at the very least. His "errors in judgement" of late are scary for a young man in his position of life. He has to grasp that before he can be successful anywhere in the future and I hope he does.

And how about the errors in judgement in the Boneyard? We all could do a little improvement in that category.

 

[mauconnfan]

And how about the errors in judgement in the Boneyard? We all could do a little improvement in that category.

Nah we're not in the spotlight......we can post any stupid we want to and we can't hurt anyone!

Good news for me is all of my posts are solid, insightful, correct and never judgmental on anyone in particular!!

 

[huskyharry]

Boy, I didn't know any of this. I just saw the headline and assumed he was guilty (like most everyone else). I can't believe they even arrested him. Speaking as an attorney who used to do a lot of DUI in Connecticut (all PI now), I am going on record with my not so bold prediction that this is going to be nolled. Dropped. #1, the cops can pull over anyone they want any time, especially at night, for "weaving." Everyone is always "weaving." It's a cop judgment call, and they can invoke this pretext for pulling you over at any time. If they are not otherwise occupied after 11 p.m., and you drive by, you are the next candidate to be "weaving." Second, the horizontal gage nystagmus test (following the pen back and forth with your eyes) is just as subjective as weaving. Your eyes are supposed to be observed "quivering" a little at the endpoints. Really? He passes all the handstands and the one foot hopping and then flunks the HGN? I don't think so. Look, if this kid did not blow over .08, this is a nolle, no questions asked. Team rules prohibit drinking. He was drinking. This is a violation of team rules, but it is not criminal one bit to drive below .08. You are perfectly within your rights to drive at .0799999. In fact, I've seen cases where they don't even prosecute at .081 because there is an error factor in the test, and it affects the burden of proof "beyond a reasonable doubt." And when they finally drop this so-called case, people will say it's because he's a Uconn basketball player. That won't be the reason.

Very good analysis. TO also may not of known that the car was not registered. Of course he was also driving without a license, so is likely culpable at least in that regard.

 

[joober jones]

This article really wasn't as bad as it could've been, considering it was authored by Jacobs.

 

[Waquoit]

... but it is not criminal one bit to drive below .08. You are perfectly within your rights to drive at .0799999. In fact, I've seen cases where they don't even prosecute at .081 because there is an error factor in the test, and it affects the burden of proof "beyond a reasonable doubt." And when they finally drop this so-called case, people will say it's because he's a Uconn basketball player. That won't be the reason.

And the fact that the law is .08 is just a sop to MADD hysteria. "Weaving" is the new "you got a missing tail light". TO is on a short leash, but both his transgressions sound like BS to me.

 

[joober jones]

At 21 and living in a community as rural as he does, it seems weird that Olander doesn't have a license.

 

[gars44]

And the fact that the law is .08 is just a sop to MADD hysteria. "Weaving" is the new "you got a missing tail light". TO is on a short leash, but both his transgressions sound like BS to me.

It's actually better than the tail light, because you can prove that your tail light was working. You can't prove you weren't weaving.

 

[Devland]

It's a good thing that PWI (posting while intoxicated) is not against the law. I would have been convicted a couple of times. When I've read some posts the next morning I think "what an I was". So if I see an obnoxious post from someone else I look at what time it was posted. If it's late at night I just let it go with a smile and think -"I've been there".

 

[Uconn93]

Warning - it was written by Jeff Jacobs.

After Second Mistake, Tyler Olander Needs To Smarten Up

Wow, Jeff Jacobs making justifications for a UConn Men's Basketball player in trouble with the law? Either Jacobs is getting soft in his old age or all those years spent on his bully pulpit were all about an axe he had to grind with Coach Calhoun.

In any event, if it's true that Olander was arrested and wasn't legally intoxicated, he's got a heck of a civil rights/false arrest lawsuit against the (extremely overzealous) cop.

 

[Mr. Wonderful]

Jeff Jacobs=freescooter

 

[joober jones]

Wow, Jeff Jacobs making justifications for a UConn Men's Basketball player in trouble with the law? Either Jacobs is getting soft in his old age or all those years spent on his bully pulpit were all about an axe he had to grind with Coach Calhoun.

In any event, if it's true that Olander was arrested and wasn't legally intoxicated, he's got a heck of a civil rights/false arrest lawsuit against the (extremely overzealous) cop.

If that's the case, he might make big money without ever having to play another minute of basketball.

 

[Huskybass]

He would have no case whatsoever if he were driving an unregistered car without a driver's license. You need to consider those charges in addition to the DUI. On top of that, failing a field sobriety test, is reason enough to arrest/detain him.

 

[CL82]

Obviously the most interesting fact here is that he allegedly passed the breathalyzer test.

Yes it is, isn't it? That was the first thing I wanted know when I heard about the arrest.

 

[Uconn93]

He would have no case whatsoever if he were driving an unregistered car without a driver's license. You need to consider those charges in addition to the DUI. On top of that, failing a field sobriety test, is reason enough to arrest/detain him.

No doubt at it, they had probable cause to pull the car over and issue tickets for the unregistered vehicle and lack of a driver's license. But I'd love the chance to cross-examine that cop about those field sobriety tests, and I would imagine there might be a few other lawyers out there who would welcome that opportunity.

 

[UconnDon]

Boy, I didn't know any of this. I just saw the headline and assumed he was guilty (like most everyone else). I can't believe they even arrested him. Speaking as an attorney who used to do a lot of DUI in Connecticut (all PI now), I am going on record with my not so bold prediction that this is going to be nolled. Dropped. #1, the cops can pull over anyone they want any time, especially at night, for "weaving." Everyone is always "weaving." It's a cop judgment call, and they can invoke this pretext for pulling you over at any time. If they are not otherwise occupied after 11 p.m., and you drive by, you are the next candidate to be "weaving." Second, the horizontal gage nystagmus test (following the pen back and forth with your eyes) is just as subjective as weaving. Your eyes are supposed to be observed "quivering" a little at the endpoints. Really? He passes all the handstands and the one foot hopping and then flunks the HGN? I don't think so. Look, if this kid did not blow over .08, this is a nolle, no questions asked. Team rules prohibit drinking. He was drinking. This is a violation of team rules, but it is not criminal one bit to drive below .08. You are perfectly within your rights to drive at .0799999. In fact, I've seen cases where they don't even prosecute at .081 because there is an error factor in the test, and it affects the burden of proof "beyond a reasonable doubt." And when they finally drop this so-called case, people will say it's because he's a Uconn basketball player. That won't be the reason.

Boy, I didn't know any of this. I just saw the headline and assumed he was guilty (like most everyone else). I can't believe they even arrested him. Speaking as an attorney who used to do a lot of DUI in Connecticut (all PI now), I am going on record with my not so bold prediction that this is going to be nolled. Dropped. #1, the cops can pull over anyone they want any time, especially at night, for "weaving." Everyone is always "weaving." It's a cop judgment call, and they can invoke this pretext for pulling you over at any time. If they are not otherwise occupied after 11 p.m., and you drive by, you are the next candidate to be "weaving." Second, the horizontal gage nystagmus test (following the pen back and forth with your eyes) is just as subjective as weaving. Your eyes are supposed to be observed "quivering" a little at the endpoints. Really? He passes all the handstands and the one foot hopping and then flunks the HGN? I don't think so. Look, if this kid did not blow over .08, this is a nolle, no questions asked. Team rules prohibit drinking. He was drinking. This is a violation of team rules, but it is not criminal one bit to drive below .08. You are perfectly within your rights to drive at .0799999. In fact, I've seen cases where they don't even prosecute at .081 because there is an error factor in the test, and it affects the burden of proof "beyond a reasonable doubt." And when they finally drop this so-called case, people will say it's because he's a Uconn basketball player. That won't be the reason.

Add to these tricky little procedures learned quickly by police the world over the physical observations recorded by the arresting officer -" glassy eyes, reddened face with the odor of alcohol ... " which simply seal the verdict before the presiding judge. I'm absolutely convinced these words are taught in police academies in the 50 states as they are used constantly in DUI arrest reports.