The police report for the DUI arrest of State Senator Terry Burton states that Burton had a BAC of 0.14. The Mississippi Highway Patrol arrested the State Senator on December 19 on Highway 82 near MS 182. JJ obtained the police report through a public records request. The report is posted below.
MHP issued the following statement when he was arrested:
At approximately 9:12 PM Wednesday evening MHP responded to a one vehicle crash on US 82 west of Starkville near HWY 182. Upon Arrival, troopers found a 2017 white Chevrolet Silverado resting in a ditch north of US 82. The driver, 62 year old Terry Burton of Newton suffered no injuries in the crash. Mr. Burton was transported to the Oktibbeha County Jail and charged with DUI 2nd Offense and failure to maintain proper lane.
Burton said he left a friend's house and tried to turn around in the driveway when his truck went into the ditch.
The State Senator has served in the legislature for 26 years and is the Pro-Tem of the Senate.
57 comments:
Waiting to find out that his shit don't stink.
He has friends in high places!
Wonder where Burpppton will be spending his NY Eve partying?
There ya' go, a "misunderstanding."
That is a bit high.
That was some strong cough syrup, Terry!
Burton is fortunate that we are able to make jokes at his expense. Had he not gotten caught he would have eventually killed somebody and the comments would be a bit more harsh.
Knee walking. Commode hugging.
At least put the alcohol lock on his ignition.
According to an online BAC calculator, it would take a 180 pound man 6 drinks within in an hour to get to .14. If this was over a period of more than an hour, then of course it would take more than 6 drinks. So, this is a little more than just a misunderstanding. This is somebody with a drinking problem and poor judgment.
I still want to know when some media outlet is going to go after the judge that let him off last time.
Otis-
Otis didn't drive!!!! He walked!!! Otis has a lot more sense than this clown. Quit embarrassing the state and resign Terry!
A minimum of 6 drinks. A minimum. This guy has a problem.
Christmas parties are becoming costly for some in politics this year
http://www.djournal.com/news/tupelo-attorney-arrested-for-dui/article_7678e594-b268-5364-bb9f-0786d90923c9.html
The location of the roadblock in Tupelo seemed strange to me but quite a bit in local politics seems strange.
Attn 12:58 That is interesting about a man weighing 180 pounds, but what about a man weighing about 240 pounds which would be more in line with this incident?
Funny how lawyers usually get arrested for DUI refusal (like the Tupelo attorney in the link above). Isn't that what Snowden did? And he got off with some sort of probationary first time slap on the wrist. And maybe a breatholizer in his car.
Whatever happened to sanctioning members of the legislature for actions unbecoming to a legislator?
Set up a DUI check point near the Old Tavern, Parlor Market and Ticos on a Thursday night during the next session. You won't have a quorum on Friday morning.
1:14
Otis was known to ride a cow, occasionally.
IN one episode of AG, Otis bought a car and drove it.
2:07, Snowden got the same thing you would get on a DUI, assuming it was your first - based on a law passed in 2014 and has been used by many violators since. First time, plead, attend MASP, pay the fine, suspended license or interlock for 120 days. Charge is removed from record, assuming no further convictions within five years.
Only thing special with Snowden (as with Burton, and Hohrn, etc.) is that they get all the media attention because they are public figures. For the average Joe, and there are many in every county of the state every month, their DUI charge 'disappears' after several months/years due to good lawyering and nobody watching. These officials don't get that "special treatment" - their's is followed by the media every step of the way and they don't get their charges dismissed.
Check with your friends - I'm sure with little effort you can find several that have had a DUI charge disappear by little more than delay.
With three dui arrests, if he were not a connected white male, he would be facing prison time. the hypocrisy of Mississippi is amazing.
The big thing is that the incident report showed that Burton lied. He called it a “misunderstanding” in a statement, but the report reflects that he admitted to drinking at the scene.
Otis also was the only married regular on the show?
Why hasn't the Speaker of the House ask Snowden to step down? His parents and sister were killed by a drunk driver!
3:29....I would add that Burton got off on his second charge with the cough syrup rule and there is no way any of us common folk would get by with that. He set the stage for Snowden to try the "danged Twitter" excuse but I assume Snowden had a judge who was not asleep at the wheel. The first comment out of the mouth of Burton, Snowden and Horne at time of arrest did not exactly sound like remorse or words of a common man so let's don't act like they don't presume they will get special treatment.
3:29, I was under the impression that those who refused the breath or blood test could not qualify for non-adjudication under Section 63-11-30.
We should take a poll about how many posters on this site, which I know many of you are lawyers, have driven while at a .14 and are hating on Burton. I don't think what he did was good thing, or that he should get away with it like that cough syrup bull crap story, but there are very few of us that can judge someone for having a few drinks and getting behind the wheel, as stupid as it is.
How do I know this? We are all posting on a local political blog. This essential a forum for drunks to argue. If you are sober, whats the fun?
3:31 PM He will be acquitted or the charges will be dropped as with his two or so previous DUI charges.
Anything worth doing is worth doing well
Attn 5:53 Nice try Otis ( I mean Terry), but I for one am not buying it!! Please explain to me why I should. BTW, I actually went to and graduated from college. WE NEED EDUCATED AND EXPERIENCED PEOPLE IN OUR EXECUTIVE AND LEGISLATIVE BRANCHES OF THIS STATE. Theoretically, the judicial branch of our state already meets this standard?
Hey 7:05,
5:53 here. I wasn't asking you to *buy* anything. My point was simply that I find it quite amusing that a bunch of drunks (i.e. the posters on these site, for the most part at least) are hating on a drunk.
I bet half of you have had a drink with Terry at Ole Tavern.
Again, not saying he deserves to get off but it is ridiculous for drunks to shame other drunks
4:25, he's a senator. Which means he's Tater's problem child.
Apparently, Senator Burton did not support the MHP bill to increase their salary last year. They tend to submit one every year and it gets more consideration than other state employees. Even though they have embarrassing leadership.
All the state officials have special driver's licenses that indicate they are elected officials. That way they don't have to ask for special favors when they are stopped. It is just duly noted and they are sent on their way more time than not. However, they must support the troopers later or they lose the special treatment.
Hey, December 27, 2018 at 5:53 PM. I haven't had a drink or drug in 33 years (was in treatment when the shuttle blew up) and I read (and enjoy) JJ.
Tate and Burton dont support law enforcement. No secret there.
@1:53 PM
240 pounds
0.14%
80 proof (40%) booze
2 oz. per drink
It would require 6 drinks (12 ounces) in one hour to hit .14% BAC.
That finishing a drink every 10 minutes for an hour.
He needs to be a "friend of Bob."
https://www.clevelandclinic.org/health/interactive/alcohol_calculator.asp
Mississippi has a drankin' problem - 11,000 dui's every year.
If they would legalize weed, you would not have Senators receiving DWIs.
From a Country Song...
"She's got a drankin' problem....and it's me."
@10:18 Name anything (other than his own pocketbook) that Tater supports? He now is preaching about a raise for teachers. I call bullshit. He hasn’t done a DAMN thing for teachers or anyone else in the lousy 7 years he’s been Lt Gov. Now all the sudden he wants to be a hero? We all see thru your crap Tate.
@6:43 AM - Seriously? DWI on weed is no different than on booze. IMPAIRED IS IMPAIRED!
(Maybe you are being sarcastic? In that case, you get a pass). :)
@6:43, alcohol is legal, driving under the influence is not. I don't mind the legal weed option, but getting stoned and driving to Pizza Shack would still be illegal.
MS Code 63-11-30 States intoxicating liquor or other substance which impairs ability. So how did he get off on the “cough syrup defense”?
This guy needs to be locked up.
jail time. will still win re-election thanks to evangelicals
My best friend died because of a drunk driver in Rankin County after high school. I don’t like the breathalyzers because their innaccuarcy has caused many to have their lives ruined over more or less a “false positive” depending on what machine is used.
But to sit here during the holiday enforcement period and watch someone like this get off is quite disturbing. I’ not exactly in the MADD camp of folks, but damn. If there were any doubts about the legitimacy of our justice system, look no further than Terry Burton.
The pitiful part about the cough syrup defense is that cough syrup is what’s considered a “DUI other”. It must be hard for law enforcement officials to watch this saga who have seen the worst of the worst car wrecks because of real drunk driving.
11:46, the cough syrup was consumed, according to testimony, after the wreck - therefore it wasn't in effect while driving. Details,details - I know. But details matter.
Just where do you assume that Burton will "get off"? I would take the under on that bet, but would state that many, many other drivers will "get off" from DUI arrests made over the holiday season - drivers that are not public figures but who employ good lawyers that know how to play the system. Public figures like Burton are on the other end of the scale - once arrested, they have no chance of 'getting off'. (how many other folks arrested for DUI during the past two weeks have been discussed hourly on blog sites such as this, and had their cases published on the front page of the CL?) MHP issued over 150 DUI tickets during the holiday weekend - can you name any of the other drivers?
Truth is, many of those charged will never see the inside of a courtroom, and sometime during the next two years their charges will be remanded. But you can bet your sweet ass that Burton's will be followed daily by what little is left of the media of this state.
Holy crap? THAT is a written report from the PREMIER law enforcement agency in the state??? Good gracious no wonder they don't win many cases. $20 says that was written days after the arrest because it was now a high profile case.
Legislators don’t need a special license because they remind all law enforcement who they are when pulled over
You guys are forgetting that an alky like Burton probably has a baseline of .1. He can't understand why he was .14 after a couple of drinks because he is rarely under .8.
The Lieutenant Governor, nor anybody else, has any right whatsoever to demand or even suggest Burton resign. If drunks, revelers, heavy imbibers and frequent sots had not filled these jobs for the past eighty years, the motels, apartments, halls of the legislature and steak houses in parts of Jacktown would have been dismally empty.
The Sun 'N Sand, Crechales and Ticos would never have existed had it not been for lobbyists and whiskey.
There's no anti-whiskey litmus test for election to public office in this state, nor should there be. Frankly I'd rather see Tate Reeves resign than Burton. And can't wait for the pious-assed Feel Bryant to take a PERS-Hike.
Frequent drunk driver pro-tip: ALWAYS keep cough syrup in the car with you!
Senator Burton, you obviously have a problem, and are an embarrassment to the state. Do the classy thing and resign and get help; and Tater, your lack of a strong response is an affront to all who advocate for the rule of law.
This new honey robitussin is stronger than you think!
One of the best DUI defenses is after getting in a DUI accident, you take a few drinks out of a bottle of booze in your car, all before the cops get there.
When interviewed, you explain that you starting drinking AFTER the accident to calm your nerves.
Cough syrup works also.
the BAC doensn't reflect the level of cognitive impairment of a chronic daily drinker. Take a 15 year old who shotguns two beers and he is wasted, but he same guy at 50 never feels it or acts any different. The ability of the brain to adapt to alcohol over time means that the average person who is a chronic daily drinker doesn't feel intoxicated until his BAC is more like .2. It is also the delta change of the BAC that affects how intoxicated one feels, take a person that has been drinking beer all day at a crawfish boil and they probably feel more tired from standing and peeling than drinking, but they are way over the legal limit, but take the same guy and give him 5 shots of tequila over a short peroid and you will have a blathering idiot.
I am sure none of the readership on this blog being mostly attorneys has ever had 6 or more drinks in a setting, or ever smoke a joint. Nothing that Burton did was smart, but in his defense, he probably cannot tell that he is over the line anymore, as do thousands of other people who are unlucky enough to get caught and stupid enough to drive intoxicated in the age of Uber and Lyft.
4:39 - Then let this be a lesson to Burton (and his ilk) that when he's out of bed in the morning, he is over the limit. He is on the verge of acute alcohol poisoning all day every day.
It's almost 2:00 a.m. on January 1, 2019. Do you know where your senator is?
"Burton did was smart, but in his defense, he probably cannot tell that he is over the line anymore,"
Undoubtedly true, but please cite the statute that lists that as a legal defense against the charge of DUI/DWI.
This guy writes laws for all of us. He ought to be able to understand them. I've signed a number of death certificates/hospital charts for people who behaved just as stupidly over the years. And broken the news to their families.
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