tvc184

[quote name="Coach Comeaux" post="1120247" timestamp="1321470800"] I think what TVC is trying to say is that no matter what your BAC is .... if it is over .001 you are considered intoxicated.... the .08 is only a reference point to which has been set for judgment impairment.... if you drink 1 beer, 1 shot or a glass of wine... after your first drink you are considered to be intoxicated.... Please TVC if I am wrong correct me on this.... but this is what I am getting from what you are trying to say.... [/quote] Pretty close. Some level of impairment is intoxicated Texas law. It can be mental or physical. A 0.069 is not a single beer or glass of wine. I think that it is somewhat irresponsible for people to draw the conclusion that he did not have enough alcohol in his system to be "intoxicated" so he therefore must have been the victim of foul play. Maybe he was and maybe he wasn't. Hopefully the family isn't reading all of these speculations and not on this forum but the half dozen others that are out there. No matter to anyone's guess as to how intoxicated he was, or anyone's experience or guessing, it is clear that he is a minor and yet was out drinking and a good bit more than a single drink. To dismiss that as a potential problem or possible cause of this tragic death is not helping anything. I hope that no one close to the family is looking at media headlines and telling them that it must be foul play based on media misreporting.

[quote name="vp32" post="1120221" timestamp="1321469764"] The definition of intoxication according to the law [/quote] Got to love generic legalese that does not apply. Since people are so fixated with 0.08 as the per se limit and to believing that you are not intoxicated prior to that, this is the Texas definition of intoxication. [b] Texas Penal Code Chapter 49 40.01 (2) not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body;[/b] There is no limit and all that has to be shown is not having normal mental faculties. So if a person would do something while he is drinking that he would not do while is stone cold sober, he is then intoxicated or in short, impaired judgment only. The 0.08 per se limit means that there is not even any arguing at that point as the state has deemed you intoxicated. Anything under than down to 0.01 can be intoxicated according to your actions or judgment. He was right at 0.07. Again, to dismiss his level of intoxication as somehow showing proof that there was foul play is a folly and somewhat destructive.

I have read this thread and others on FaceBook and other forums and people see the news media term of "under the limit" and almost automatically determine on their own that it has to be foul play because he was "not intoxicated". That simply isn't true. And does anyone know what his alcohol concentration was when he got on the tracks? Just because it was at that level at the time of death, what was it earlier? It has been brought up that with my almost three decades of dealing with such issues and criminal investigations is speculation yet someone with absolutely no experience in that area can look at a lab report and make a determination. As I stated, he could have lay there himself to go to sleep, he could have committed suicide, he could have fallen and had an accident or someone could have assaulted him and put him there. Unless there is a witness of the events, it is all speculation.

[quote name="akifan94" post="1120199" timestamp="1321468964"] It is reaching. You have no knowledge of this situation personally and are guessing based on your percieved experience. Hopefully you do not work for the JCSD because then I will know you are reaching. I have seen their work first hand. [/quote] Perceived experience? I wonder if you call a doctor, an operator at a chemical plant, a dentist or a brick layer with 28 years in the business as having perceived experience. If you go back to my first post in this thread you will see that have not guessed at anything except to tell you that someone with a 0.69 alcohol concentration is intoxicated. I never said slobbering falling down drunk and I never said it had anything to do with his death. Quite to the contrary, I stated that without witnesses, people would be speculating as to the cause. That is hardly drawing any conclusions from direct knowledge of the case.

[quote name="PN-G bamakid" post="1120192" timestamp="1321468747"] [quote author=tvc184 link=topic=91706.msg1120182#msg1120182 date=1321468513] [quote author=vp32 link=topic=91706.msg1120176#msg1120176 date=1321468297] [quote author=tvc184 link=topic=91706.msg1120174#msg1120174 date=1321467962] He was intoxicated. [/quote] Not to the legal limit so therefore there is no reason to think that his intoxication was a factor in his death. [/quote] There is no such thing as "legal limit" unless you are driving and even then it can be lower. That is a news media term and has no bearing on the law other than DWI and then it is the per se limit. I can assure you that if he was at that level, he was intoxicated. In fact people that are not used to drinking can be intoxicated as a much lower level. [/quote] tvc, in your opinion, is that enough for him to pass out on his way home? [/quote] No. I think at such a level he might be unsteady on his feet and have poor judgment. It is enough to make you drowsy according to your level of tolerance.

[quote name="akifan94" post="1120185" timestamp="1321468615"] [quote author=tvc184 link=topic=91706.msg1120182#msg1120182 date=1321468513] [quote author=vp32 link=topic=91706.msg1120176#msg1120176 date=1321468297] [quote author=tvc184 link=topic=91706.msg1120174#msg1120174 date=1321467962] He was intoxicated. [/quote] Not to the legal limit so therefore there is no reason to think that his intoxication was a factor in his death. [/quote] There is no such thing as "legal limit" unless you are driving and even then it can be lower. That is a news media term and has no bearing on the law other than DWI and then it is the per se limit. I can assure you that if he was at that level, he was intoxicated. In fact people that are not used to drinking can be intoxicated as a much lower level. [/quote] Unless you know something personally I think you are reaching. [/quote] It comes from 28 years (and counting) on the streets in law enforcement and being involved in hundreds of intoxication arrests. In that includes almost as many years of operating the Intoxilyzer breath test instrument that measures those levels. You can call it reaching. I call it experience.

[quote name="vp32" post="1120176" timestamp="1321468297"] [quote author=tvc184 link=topic=91706.msg1120174#msg1120174 date=1321467962] He was intoxicated. [/quote] Not to the legal limit so therefore there is no reason to think that his intoxication was a factor in his death. [/quote] There is no such thing as "legal limit" unless you are driving and even then it can be lower. That is a news media term and has no bearing on the law other than DWI and then it is the per se limit. I can assure you that if he was at that level, he was intoxicated. In fact people that are not used to drinking can be intoxicated as a much lower level.

[quote name="ndn mom" post="1120088" timestamp="1321463818"] You know what is really sad about all of this??? A bunch of grown adults want to get on here and whine about their rights to not have to listen to a prayer when the majority of the high school kids take it upon themselves to stand up and do it on their own before each game! I know for a fact that our players & cheerleaders pray before the games and I am pretty sure the Inidanettes do as well! Maybe we should all sit back and look at the example these kids are setting! [/quote] And that is pretty much what the court rulings say. You can pray all you want and no one including the schools can deny you that right. As I mentioned in an earlier post, players or other groups can pray before the game alone or in groups all they want. A citizen can get a megaphone and say a prayer in the stands to his heart's content. It makes me wonder when we who are Christians hear them announce a moment of silence, we can't pray without hearing it on the loud speaker. I always say a silent prayer during those moments of silence asking for everyone to return safe to their homes. I guess God isn't hearing me unless someone announces it on the PA system? I guess I need to break out the Bible and do some more reading......

He was intoxicated.

It is not a matter of ruling out anything. It matters what evidence you have in hand. I have seen one very few facts from the media reports. The main ones being that Thomas was laying face down on the tracks and he was intoxicated. Other than that? What caused him to lie on the tracks? Fell and was injured, was intoxicated and fell sleep on the tracks, committed suicide, was assaulted by someone, etc.? With the injuries caused by being struck with a train, it is likely that any prior injuries from an assault would be rendered impossible to distinguish from the train injuries short of a gunshot or knife wound? Even then it might be hard to tell. That leaves eye witness accounts from either witnesses or a confession from someone taking part in a crime. So was it a tragic accident or an intentional act? Without someone coming forward and/or without something in the autopsy confirming otherwise, what do you have other than speculation. Who is going to be sued in a lawsuit when the cause of Thomas being on the tracks is unknown? If I was the family I would want to know who provided a minor with the alcohol for sure. Short of any known facts, speculation can (and will) run rampant but that is all it will be is assumptions, guesses, hunches, speculations or whatever we want to call it.

[quote name="eyepatch" post="1119724" timestamp="1321421438"] ABSOLUTE POWER CORRUPTS ABSOLUTELY [/quote] They don't have absolute power. They cannot legislate. They can't make laws, tax or anything else other than rule constitutionality of existing laws.

[quote name="robanadana" post="1119726" timestamp="1321421575"] [quote author=tvc184 link=topic=91617.msg1119711#msg1119711 date=1321420813] [quote author=robanadana link=topic=91617.msg1119689#msg1119689 date=1321419489] .......[size=10pt][b]The Supreme Court is not the do all see all [/b][/size].......... [/quote] Actually, yes they are. The only people that can overrule the Supreme Court is the Supreme Court in a later ruling. By the Constitution, they are the do all and end all. There is no veto of their rulings and they can't have a case overridden like a president's veto. There is no law or rule that they can't rule on at their discretion. [/quote] We'll all find out when ObamaCare comes up. When it comes to prayer in school, or prayer at football games, or using Jesus Christ's name, civil disobedience suits me just fine. And, I will be one of the first to come to my school's defense monetarily or otherwise should some goofy suit arise. BTW, Vidor has several fine lawyers that have graduated from our education program. Packard, LaPray and Brent Coon come to mind right off hand. [/quote] I didn't know they had lawyers. Heck, they can violate the law then. [IMG][Hidden Content]]

And for PNG fans (next year) or Nederland fans that try to keep up with the PNG games, you can get 92.5FM on iheartradio. I never have a problem streaming either station.

[quote name="robanadana" post="1119689" timestamp="1321419489"] .......[size=10pt][b]The Supreme Court is not the do all see all [/b][/size].......... [/quote] Actually, yes they are. The only people that can overrule the Supreme Court is the Supreme Court in a later ruling. By the Constitution, they are the do all and end all. There is no veto of their rulings and they can't have a case overridden like a president's veto. There is no law or rule that they can't rule on at their discretion.

I am sorry but a McRib or Big Mac blow all that other stuff away. Some of you need to get out of the house more and eat some real food.

[quote name="bulldog1984" post="1119386" timestamp="1321406271"] thats whats wrong with our country these days, it the minorty winning and not the majority winning. I would say more than 90 percent would love prayer at the games leaving 10 percent not liking it. I guess thats what our country has come too. LET MINORTY RULE  ... I think not !!! [/quote] Then you might as well throw out the Constitution if majority wins. The majority could vote to kill all blondes (natural or bottle made) and it would be legal. After all, majority rules. A saying that is attributed to Benjamin Franklin goes something like this when speaking of democracy...... "Democracy is two wolves and a lamb voting on what to have for lunch. Liberty is a well-armed lamb contesting the vote." I wonder what the lamb would think about pure democracy.

An on a smart phone you can pick up KLVI on iheartradio app for free.

In 2000 in a 6-3 vote the US Supreme Court in Santa Fe (TX) Independent School District v. Jane Doe ruled that a policy "allowing" student led prayer over the PA system violates the Constitution. A student (or anyone else) can stand up in the audience and say a prayer and everyone can join or refuse at their own discretion. Students can pray on their own in class or at sporting events like taking a knee with the team after coming onto the field. Those are protected speech. Saying a prayer over the PA system however is unlawful per the 2000 ruling and is not considered private speech. I don't agree with it but the high court has ruled. When Vidor allows such, it appears that they are violating a court order. In as such, if someone sues Vidor, they will likely win and Vidor might be held in contempt of court for each occurrence. Until someone complains and files a legal action, pray away on over the loud speakers but they aren't on good legal footing if push comes to shove. Nederland basically has a prayer before the game without using God or Jesus Christ. It is something like, "We ask for guidance and wisdom, we ask for safety for participants and spectators ...." and so on. It just does not end with "...in Jesus name we pray...." or by invoking God.

[quote name="PNG Proud" post="1118417" timestamp="1321328863"] I'd like to make that game.  Hey Dawgnut,  will tickets be sold at the gate? [/quote] DogFan87's post says they are $8 at the gate so I am going out on a limb and saying yes.

The last game against GCM was on the PA News website with audio streaming. They did a live broadcast just like their Friday Night Lights but on the internet.

Bridge City played a decent game against them but Coldspring held BC to just over 100 yards of offense. Defense is Coldspring's game and they came through to stuff BC. Coldspring has 4 shutouts so far this year so almost have of their games they held their opponent scoreless. I am not sure how some people define overrated but I don't see how Coldspring is. Their "close" game this year was a 17 point win over Huffman-Hargrave and they held them to 101 yards. It is hard to beat a team when you can't score on them.

[quote name="AggiesAreWe" post="1117292" timestamp="1321236408"] [size=10pt][b]Very poor site. Inaccurate info or incomplete info.[/b][/size] [/quote] That is an understatement.

[quote name="vpdb78" post="1114394" timestamp="1321082348"] Dayton Fans  great hamburgers at Hamburger Depot  790 Neches St. Ste. C Beaumont,  tx  lets meet up (409) 838-3700 [/quote] Why not go to the one on Cardinal Dr. It is a lot closer to the stadium and easier to get to for out of towners.

[quote name="bronco pride" post="1114438" timestamp="1321091821"] Hey there big ned what was the score the last time yall played the bronx in district [/quote] I don't know, maybe a game from a few years ago against a different team has some bearing on tonight's game. ::)

[quote name="puddin tane" post="1113047" timestamp="1321053468"] outside Nac..according to big bro (i aint made it yet)..rut just showing signs of beginning..he's been up all week..no shooters, lotsa lil fellers..rain greened thinged up..nothing hitting the feeders all week [/quote] I talked to a friend that hunts near Woodville and they aren't touching the corn where he is.