Friday, June 17, 2016

State Senator found innocent on DUI charge

Senate Pro-Tem Terry Burton (R-Knob Creek) was cleared of a second-offense DUI charge.  Geoff Pender reporter in the Clarion-Ledger today:

State Senate President Pro Tem Terry C. Burton, R-Newton, was found innocent of a second DUI on Thursday after a Scott County judge ruled cough syrup and breath spray must have caused a "false positive" on the breath test he took after he wrecked.

"I had a coughing spell, after all the powder and dust blew from the air bags deploying," Burton said on Friday. "I took some cough syrup ... It was Nyquil, that was all I had in my bag, had nothing else in the vehicle to drink ... I used breath spray, because my mouth felt like cotton ... The judge determined there was a false positive on the test."

Burton said he had been drinking alcohol earlier that day, at a C Spire VIP tent at a concert in the Metro Area, but had stopped drinking that afternoon and was not intoxicated at the time he crashed his car on the interstate in Scott County.

Burton's arrest last month was his second time within five years to be charged with DUI. He was arrested after he drove his sports utility vehicle off I-20 in Scott County and hit a traffic sign around 10 p.m. But a Highway Patrol arrest report obtained by The Clarion-Ledger through a public records request shows Burton took a breath test that showed his blood-alcohol content was 0.10, above the 0.08 limit for adults.

Justice Court Judge Wilbur McCurdy entered the ruling on Burton's case on Thursday..... Rest of article.

49 comments:

Anonymous said...

Lol.

Anonymous said...

That is baloney. First of all, he wouldn't have blown over the limit. Second, how can the judge say it "must have been" ? He doesn't have a clue. Who was his lawyer?

Anonymous said...

Anyone who believes this BS needs a brain scan.

Anonymous said...

Hopefully Terry will go get the help he needs. If he can get dried out, he can continue to be effective as an elected representative.

Anonymous said...

This is a disgrace. Terry just got off for his second DUI due to Nyquil and breath spray?!? When this guy kills somebody, I hope this Judge is still around to answer.

Anonymous said...

Let's meet at Char and celebrate. Who knows, Terry may even buy a round of drinks this time.

Anonymous said...

Yes, this is crap. But it is no different than a whole bunch of folks, many of which probably are regular readers and commentators here at JJ who get off of DUI cases with a good lawyer and a 'friendly' or incompetent Judge. It Terry were not a public figure, no one would have even heard of this case, much less its outcome. If someone really wanted to do some reporting of 'news' rather than trying to get headlines because it involves a public person - go check and report how many DUI cases are left to wallow on the court dockets until they are nulprocessed; how many are pled down to public drunk or some other misdemeanor, or otherwise disposed of without a record.

Terry C didnt try the John Hohrn defense - "do you know who I am" - nor did he seem to be drunk as was Jackson's fine Senator. A 0.10 for Burton wouldn't put him in the 'drunk' category - and yes I am well aware of the 0.08 law, but that is a different determination.

Not defending Burton, or his acquital. But don't think this is an isolated situation. You - or your neighbor - has been in this same case but your's didn't get reported on the front page.

Anonymous said...

He was found not guilty. He was not found innocent. Like how OJ Simpson was found not guilty of murder, but he sure isn't innocent.

Anonymous said...

@4:46. While I agree, under our system of government -- An individual is innocent until found guilty. So, while he wasn't "found" innocent, he is innocent.

And as much as it hurts to say, the same is true for O.J.

Anonymous said...

NyQuil sales will go through the roof. I'll certainly keep a bottle or two in my truck from now on.

Anonymous said...

This is the hypocritical scum of the earth that we have running our state. Not only do they judge others & screw up themselves, they don't take responsibility for their f---ing actions. Mr Reeves-keep this in mind when you want to run for Gov in 3 years. I will never vote for you or this useless trash we have trying to run our state. Your true colors have shown.

Anonymous said...

It isn't unusual for a person to get out of a DUI. Just pay the right person. I know people who have had 8-10 DUIs and never spent a night in jail. It is a money maker. Some places it will cost up to $10,000, some places less then $2,000. The less you are known the less it costs.

Anonymous said...

It would not be hard for a journalist to figure out how much Nyquil it takes to measure .08 on the breath test. That judge needs to go in front of the bar.

Anonymous said...

Terry C.= Tate Reeves' lap dog

Now all the "y'all know y'all have done this too" people start chiming in...

2nd Offense charge in 5 years?!?!? Come on. We aren't as stupid as the idiots that keep electing him OR the people who won't be voting for Tate in the future!

Anonymous said...

I thought you had to have a blood test after being arrested in addition to a breathalyzer test for situations just like this. I was in a college science class where an officer visited and covered this same scenario. A volunteer gargled mouthwash before taking a breathalyzer test. The results were off the charts. After about 10 minutes the same student was given the test again and it was barely detectable.

Anonymous said...

Will every defense attorney in the state be able to use this as case law now?

Anonymous said...

6:35 - no blood test is required. But there are often multiple brethalyzer tests taken with time spaced in between. But that's not the deal - the real answer lies in 6:01 and 4:08 above. These cases are tried in Justice or Municipal Court - which are the money courts (in more ways than one) in many towns and counties of the state. And they are also money makers for the lawyers that handle the cases.

3rd times a charm said...

If the Senator kills someone when he has his 3rd DUI, the Senator AND Judge should be charged with murder!

Anonymous said...

Former state legislator and current circuit clerk in Oktibbeha was just arrested on a meth charge

Anonymous said...

This is similar to the what we were told to do 30 years ago. Keep a small bottle half full of alcohol in the car. If you get pulled over, jump out with the bottle and drink some then smash the bottle on the ground. All they got you for now is drinking in public and littering. I've never known anyone to do it or anything like it but Terry C. just came as close as anyone could to it. Terry is OG!!!

Anonymous said...

Shocked face! Mississippi is corrupt. Corrupt politicians found not guilty. lulz

Anonymous said...

we should all hope this drunk does not kill someone the next time he decides to drink and drive. how many times has he done this and NOT been caught...

Anonymous said...

He knows he wasn't drunk, he helped write and pass the bill. He also probably took high school chemistry as well as drivers education and other courses you have to have to obtain that prestigious High School diploma that I am sure hangs on his office wall.
BTW what does the term "businessman" mean when used to describe his occupation outside of state government ?

Anonymous said...

Boy...there sure are a lot of people who love to cast stones. Do any of you look in the mirror? Do you pass anyone while going to church and give them the finger? Did you think about killing the guy who shot he last murder victim or any before that? Hell. A sin is a sin. I'm a sinner. You all pointing fingers won't point them at yourselves. So Terry wanted a drink. Remember that next time you go to dinner or have a party and you need to get home.

Has anyone thought about where all the tobacco money went? That's a good place to start pointing fingers at politicians....Mike Moore and the advertising agency that got use of the money for some stupid advertisements

Anonymous said...

Attn 8:17 I don't think this is an attack against Terry Burton per se. He is one of the nicest people in state government. I think it is an attack against the hypocrisy of the whole government. The "do as i say, not as i do" attitude is what offends. It of course under these circumstances that he is being attacked. It of course starts wth the Kenneth Stokes' of the world and ends with the PTOS. We need big changes from the top all the way down to the Stokes of the world.

Anonymous said...

Y'all keep these comments in mind when you criticize what is going on in Jackson . It ain't race, it's culture. As long as both races tolerate the " old boy" way of doing things and find rationalizations to continue it when it's their " tribe", it will just keep on keeping on.

Anonymous said...

@8:17. Would you feel the same way if Obama or Hillary or The Donald or your kid's school superintendent (assuming elected)? Or what if he had hurt someone, was in Circuit Court for DUI assault, and the same defense was accepted by the Judge to throw out the case early (I know a jury wouldn't buy it)? Would your comment be the same? As an elected official, and since charged (i.e. more probable than not that the crime occurred), I believe all comments regarding the incident and aftermath are fair game. Do you not agree?

Anonymous said...

This justice court judge should be removed from the bench. What's the process for it? He's probably drinking buddies of Terry Burton.

Anonymous said...

@9:35, terry burton is a good legislator. Obama and Hillary are not. Balmy boy Hillary are not my leaders Your prez and Hillary have lied two hundred thousand times more than Terry, if he did lie. You are assuming I'm a supporter of those two asses...I'm not. Terry has a good reputation. The other two don't. So, he made a mistake. Are you perfect? Remember when you were young and dumb and did stuff you weren't supposed to do? Terry is not young and dumb. To assume anyone is perfect is hypocrisy. Look in your own closet. How many of y'all have a young girlfriend, doing your legal assistant, or your nurse and YOU want to point fingers. Not one of you even commented on my statement about Mike Moore. I suppose y'all are ok with him, Dickie, Liza, and Trent raping the tobacco fund

Anonymous said...

8:17 Boy I hope those asinine comments were meant as sarcasm. Just because we are ALL sinners does not mean one can not call something a sin or wrong (which the Bible tells us to do) and that does not make us "judgmental" which so many like to do to back Christians down. I do not have the power to judge anyone; however, I can say somethings are wrong.
Who carries NyQuil in their car-that is a night time before bed med. Did the police officer see the NyQuil. If that was true and the cop told me I failed the test I would immediately show the NyQuil. Did he?
This guy just opened up a defense for so many. If I were a drinker my first stop on the way out to the club would be Walgreen's for a bottle of NyQuil to put on the front seat.
Many of the judges in Hinds are NO different than the city counsel. The judges have on their side the law that protects them. Judges have incredible leeway in what they can do and there is nothing we can do. Many of the judges and lawyers are no different or better than any thug in Jackson. They just wear suits.
There seems to be absolutely no integrity, pride, honesty and most important JUSTICE left after all the posturing, self-dramatizing, delusions of grandeur, etc.. It does come down to who you are and who you know and how much you can pay.

Your level of justice is in direct proportion to how much money you have.

Our founding fathers would be horrified at the corrupt nature in which justice is dispensed today. The courtroom should be the ONE place we are all equal. IT AINT SO!!!!

Anonymous said...

@9:35 read 97-9-59 and 61

Anonymous said...

Last one meant for 1:41

Anonymous said...

Vick Carmody charges 10 thousand bucks just to roll out from behind his desk. Who was Terry's counselor?

Anonymous said...

The intoxilyzer measures alcohol in the person's blood as a function of alcohol that is being metabolized and eliminated through the lungs. Alcohol has to be first consumed and then absorbed into the blood stream before it can be eliminated through the lungs. This takes time. The intoxilyzer doesn't care where the alcohol comes from: beer, wine, hard liquor...or Nyquil.
If Nyquil has the same type alcohol found in beer, wine, etc., consuming Nyquil would just add that alcohol to that which was in the body from earlier drinking. That would be no different than drinking beer along with wine. It is the amount of alcohol consumed, not the form in which it is ingested.
The testing officer is required to wait at least 20 minutes before administering the breath test. This wait allows any alcohol in the mouth to dissipate. This would be true if a person swished Nyquil around their mouth before he was arrested or used breath spray containing alcohol. If the person consumed the Nyquil and used the breath spray shortly after the accident, it is likely that much more than 20 minutes elapsed between consumption and the breath test. The breath test measures alcohol from the deep lungs, not the tip of the tongue. The subject does not have to be intoxicated as we commonly visualize a drunk. If their blood alcohol level exceeds the legal limit of .08%, they have violated the DUI statute.
It is interesting that the original prosecutor recused himself but the local judge did not.

Anonymous said...

The intoxilyzer (8000) cannot differentiate between alcohol in your mouth and alchohol in your lungs which is why cops do not wait 20 minutes- not that it would matter. But, I guess keep on using the damn thing so you can receive taxpayer money for DUI checkpoints.

If we were to use a system that actually worked based on solid science in consideration of real BAC instead of perceived BAC, your whole racket would disappear practically overnight.

Anonymous said...

I'm sure he intends to not do this again. Bet he will. Hope it isn't your child or mine he hits.

Anonymous said...

See y'all at Fenians! Just don't use your camera phone when Tater is there.

Anonymous said...

How is this judge different from Tommie Green?

Anonymous said...

8:27, not a bit of difference. Both can be bought.

Anonymous said...

Tate definitely called in a favor here to get his top man off. Bet he wouldn't do that for Mikey Watson

Anonymous said...

Why does anyone want to give him a pass for a SECOND DUI? Just because there's a little "R" by his name does not give him the right to drive drunk. Again and again. I'm sure if that "R" was a "D" , the attitude of some these comments would be a little bit different.

Anonymous said...

2:40, The R or D by the name does not change the color of the money. R or D does not matter when it comes to cash.

Spots A Fraud said...

5:29; Please go to the back of the class. An intoxilizer does NOT measure blood alcohol content. A blood test cannot be required in Mississippi unless a fatality is involved. An intoxilizer measures BREATH alcohol, not blood. A blood alcohol test is performed by the drawing of blood.

Anonymous said...

Wow. One more example showing a corrupt seante under the leadership of a corrupt lt. Governor. Mind blowing Mississippi keeps placing last.

Anonymous said...

I had a friend one time tell me that if you get pulled over for a DUI, throw your keys out the window and then chug some alcohol and say you just drank right then because you were nervous. I always though this was complete BS, but maybe he was on to something...

Anonymous said...


TERRY BURTON, YOU ARE A FAT SORRY BASTARD AND THE JUDGE IS WORSE !!!!

Anonymous said...

Spots A Fraud @ 7:31, before you can spot a fraud, you need to know what you are talking about. Read the first sentence of 5:29's comment and then go read Mississippi Code Sections 63-11-23(2) and 63-11-30. The machine does not TEST blood but it certainly does measure blood alcohol content (BAC) by converting the breath test result to a BAC reading i.e., .08%, as required by statute. Hope you are not a DUI defense lawyer.

Anonymous said...

10:12 the process is "SUPPOSED" to be make a complaint to the Judicial Performance Commission. However, this is a joke. They will "investigate" before they dismiss the complaint. It is a BALL LESS SPIN LESS group of fellow judges and lawyers. If the JPC goes to the judge in question and he (WEILL comes to mind) says he want do it any more then it dies. If the commission does nothing then the public can not even see what has occurred. The commission WILL pass the buck as often as possible. e
There is no difference in character in the stokes and street thugs and many of the hinds county judges. The outward appearance; however, the attire they wear in lies the differences.
Unfortunately, judges have great leeway and power that could/should be used responsibly to do tremendous good/justice that far too many use in a personal corrupt manner.
What is that old saying "absolute power corrupts absolutely".

TK Byrne said...

Only a newborn baby is innocent. Your just not guilty this time.

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