Caputo Charged With Reckless Driving; Wakes Up, Says "Huh?"
***UPDATE: CAPUTO HAS BEEN CLEARED TO PLAY IN THE CAP ONE BOWL***
Mike Caputo apparently will make legal history this afternoon by being charged with reckless driving for sleeping in a parked car. Go ahead and read that last sentence again and then click on the link if you think I'm making that up. Guys, I know bagging a Husker with beer on his breath can be heady stuff for law enforcement, but if you can't make the DUI stick, maybe it's just time to dismiss charges and move on? I mean, Lionel Hutz could get this thrown out in a matter of minutes.
Now, I have a sick mind at times (much more often than that according to some), and I'll admit that Caputo's dwarvish physical qualities bring out the worst in my imagination whenever his name hits the news even if it's just a team preview. And I also have to admit that upon hearing of his DUI, my first instincts were not those of most people, which to tend to work along the lines of: "Act holier than thou about drinking? Check. Rattle on about letting down the team? Check. Rave about the blood he'd spill on the highway while sleeping in a parking lot? Check. Call talk radio and be a haughty ass about the whole thing? Check."
I had different thoughts.
The first was basically:
"Caputo on a Bender? Yes!! Is there a place in Lincoln that serves mead? Were there other 5'6"300 pound guys with him like a whole band of Gimli's? Did he go to Sandy's and smash a bunch of tables with a war hammer? Sandy's - I bet the joint that came up with Elk Creeks could get some mead for my man. Of course they could! Did the cops pull him over on a war horse? Better yet, did he lead law enforcement on a chase through the streets of Lincoln on his war horse, screaming obscenities behind him as he charged through Centennial Mall?"
These thoughts flowed unbidden, and I found myself giggling uncontrollably before I could remember to put aside memories of my own Viking-like drinking days in Lincoln, and set to getting as judgmental as humanly possible about the mere presence of alcohol in a college student of legal age. When I found out he was sleeping in a parked car in the U-Stop lot, it seemed sad and anti-climactic. But only because I'd rested my eyes in the occasional U-Stop lot myself years back. And not always in a car.
"BUT THE CAR WAS RUNNING!!" you might shriek. And I have no doubt that there are probably some articles out there detailing the night that Knut Thorssen of Rosalie, NE, passed out in his idling El Camino, but then unconsciously popped it into drive and proceeded to slaughter 6 nuns out for a 2am stroll and two head of prize cattle which escaped their fences.
I'm sure this happens on occasion. I'm also sure that there are several times as many incidents of sober people who jam on the gas insead of the brake and blast through garage doors or go careening down the PCH. If they were 80's era Audi owners and recent Toyota owners, they file class action lawsuits, so judges can tell them to put their foot on the right pedal next time. No one arrests them for sitting in the car before they do it.
Drunk folks sleeping one off aren't of the flailing, flopping, wild movement variety. Try waking one of us up sometime. It's a struggle for us to make that feeble, waving motion with the hand to leave us be, let alone come up with the motor skills to pop cars in gear, jam the gas and get after it .
So my conclusion? Other than a drunken rampaging dwarf would have been much, much cooler? Caputo was sleeping in a running vehicle and had a BAC of .103 which is only .03 above the sensible legal limit (yes, many states, including NE, have been pressured by MADD (1) to bring it down to .08 despite the lack of studies that show any significant prevention in alcohol-related accidents by doing so). I see a guy who wanted a burrito, had a couple too many and decided a nap might be a better idea than mowing down a burrito and trying to weave home tired and buzzed.
The running engine part? A check of weather shows it was about 38 that night. I'd probably want to run the heater too.
Now am I saying he deserves a pass? Nope. Hopping in the car buzzed is always a no-no, but in my humble opinion, he had caught himself and was trying to do the right thing. And stay warm unfortunately for him. To be sure, there's some stairs to be run, some calisthenics to be knocked out and some flecks of Pelini spittle to be wiped off the cheek as the screams echo through the Hawks Center. In the end, he may have wished had chosen a few days in jail and the loss of license.
But my favorite center should be allowed to suit up for his last game. And Mr. Hutz should dust off his inner stand-up comic while combatting the reckless sleeping driving charges.
"Mr. Caputo, don't you worry. I watched Matlock in a bar last night."
(1) - Ah, the good old angry mothers. A few problems with MADD these days, not the least of which include: 1) there are no more mothers on their board, 2) they ran off their founder because she's only in favor of preventing drunk-driving deathsand isn't on board with the current MADD agenda which is 3) a return to prohibition. That's right, their ultimate goal is to make alcohol illegal again. Because, you know, that worked out so well before. Check this and this from my buddies at MDM for more details on these clowns.
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Cops/Prosecutor did him a solid.
They had a slam dunk conviction for DUI under precedent:
Where the evidence established that the defendant was found behind the wheel of a vehicle which was parked on an Interstate off ramp with the engine running and the headlights on, there was sufficient evidence for the trier of fact to establish that the defendant was operating a motor vehicle.
State v. Johnson, 250 Neb. 933, 554 N.W.2d 126 (1996).
FWIW...
I’ve represented a few DUI clients in the past. It’s not uncommon for people with BAC’s under .11 and no significant criminal past to get a reduced charge such as reckless driving, or willful reckless driving. (At least it wasn’t back when I did criminal defense – and none of my clients were Husker football players.)
Agree...
Wasn’t trying to argue the DUI point, I saw that episode of Everybody Loves Raymond where Debra slept one off in the car & got busted for DUI just for the keys being in the ignition. And how hot was she? Maybe it was just her tight body and pissed-off attitude, but I always thought angry sex with her would leave broken furniture and assorted cuts and bruises. In the MILF finals, I’d take her over Stifler’s mom in a hearbeat. I’m getting hot just thinking about her again. Wait. What were we talking about?
Oh yeah, if he just walks in & pleads guilty, I assume someone did someone a favor and everyone moves on, but a not guilty plea could lead to some damn fine entertainment…
by Andy Ketterson on Dec 22, 2011 10:27 AM CST reply actions
I think a possible reason for not receiving a DUI is that at the time of the arrest, he was not on public property or a road. Being on private property and in a gas station lot and not visual of him driving by a security camera or a policeman seeing him probably allowed a booster or two to convince the district attorney to look the other way and create a less suspend-able charge for Caputo.
Or..
…perhaps prosecuters couldn’t verify that he was in control of his vehicle. If the war horse on which he was astride at the time was snoring along with him, can that be considered the equivalent of a running vehicle?
Perhaps as Caputo napped, the beast was farting uncontrollably in its sleep and the constables mistook that as idling?
by Andy Ketterson on Dec 22, 2011 11:36 AM CST up reply actions 1 recs
I would rather see this guy in action.
So hopefully he only misses the first play, or maybe just the first series.
- FOW
From limited experience
Its more common to get the DUI charges dropped to reckless driiving than it is to actually get hit with a DUI. During my time at unl I knew Approx 15 people to get charged with DUI… Mostly at checkpoints. Generally all of them, us, got the charges dropped to reckless driving.
.08 is a completely arbitrary measurement
one person at .08 can be completely different than another . . .
one person’s reflexes at .08 might be the same as another person’s .10 or .05 or .03 or .13 . . .
by 8th St Choppers on Dec 23, 2011 10:34 PM CST reply actions
one person’s reflexes at .08 might be the same as another person’s .10 or .05 or .03 or .13 . . .
…or mine at .00
What fracking cop hands out a ticket for a drunk sleeping in a running car?
Is he short on his quota for the month? Just wake the guy up, ask him to turn the car off, and make him call a taxi. This is something a responsible officer encourages, not discourage.
Seriously, I had no idea this was illegal until I read this…I slept it off in my car many times in my youth, used my car as a bedroom substitute for other activities while too drunk to drive, didn’t think twice about running the heater if it was cold, and patted myself on the back when I sobered up for being responsible enough not to drive home.
This is a case where a responsible coach should make an example from this kids actions…
…as something for teammates to emulate!
Side note – why do I sound like Lou Holtz vs. Mark May on the ESPN fake trials? All I need is to go back and type with a stammer… and you know Mark May would be a big enough arse to want to revoke the kid’s scholarship.
Proud proponent of the 52 team Uber Conference
It gets even better
Caputo’s lawyer said he wasn’t sleeping, he was in the parked car texting someone. Nice. Surprised they didn’t call SWAT.
by Andy Ketterson on Dec 24, 2011 12:43 AM CST reply actions
I love jailhouse lawyers
The author reveals what an idiot he is with this post. I have arrested many people for being passed out/asleep behind the wheel of their vehicle whether it was running or not. Nebraska law holds you can be charged with DUI if you are in physical control of a vehicle – it doesn’t matter whether you were driving at the time of the arrest. If you had the means to drive the vehicle then you are committing an illegal act. It does a great disservice to surviving family members of loved ones that have had someone close to them killed/injured by a person driving under the influence to make light of this. .103 is certainly above the legal threshold of DUI. Well he’s a Nebraska football player so cut him a break right? Would you feel the same way if he woke up drove the vehicle away then become involved in an accident – possibly killing/injuring himself or some other innocent person(s). Grow up! Caputo is of legal age and needs to be a responsible individual by not get behind the wheel when intoxicated.
I love holier-than-thou types who don't read very thoroughly
Note: according to the actual court case during the plea agreement, he wasn’t sleeping when arrested, he was sending a text. Which is too bad, because I’d love to strongly suggest that at .103, it wouldn’t have taken much of a nap to bring him back to legal.
Nowehere in there do I state or hint that he deserved a break because he is a football player. Nowhere do I say that he wasn’t breaking a law. Nowhere do I say that he should have been acquitted. Hopefully, when you testify in these cases, your recall of actual events has a little better attention to detail. I believe I even said:
Now am I saying he deserves a pass? Nope.
I’m no lawyer, jailhouse or otherwise, but telling a judge what you wanted to see to make a judgmental point, instead of what you actually saw may come back to bite you in the ass in court some day.
Now, the article above could probably best be described as humorous satire. And the main point of my little rant was to poke fun at the hilarity of charging someone idling in a parking space with reckless driving. Yes, I understand that’s a common plea down when it’s determined that DUI may be a bit strong for the circumstances, but, damn that’s funny nonetheless. Unless that cell phone had the “Pop the Car Into Drive And Careen Wildly” app, I think it’s fairly tough to be reckless.
But if it does sound like I’m hinting that some of our DUI laws are downright silly, ignore basic amendment rights, and have been hammered in through the influence of a group whose ultimate goal is prohibition – and that Caputo MAY have been arrested because he is a football player, you’d be correct, however. Let’s say I have serious doubts that Lincoln police knock on the window of everyone texting someone in their running vehicle in a parking space – or that a 290 pound guy at only .103 was reeling around in his seat so badly while he did so that it attracted their attention. Not saying it’s a fact, maybe he did start speaking in tongues or banging his head against the window while humming the theme from “Deliverance”, but it does beg the question – just what was he doing with that phone that the officers thought was legal justification for rousting him?
Yes, drunk drivers kill about 500-600 people a year nationwide (not 15,000 as intimated by NHSTA “alcohol-related deaths” stats, the allowance of what constitutes “alcohol-related” being so silly as to defy reason & logic). This is well short of cell phone related road deaths and deaths caused by older and and otherwise physically impaired drivers who are allowed to have licenses despite having reaction times that lag behind that of someone at .20. However, it is political suicide to require that cell phones be put away, radios not be fiddled with, and older and impaired drivers be tested to show they can still capably operate a vehicle. Dammit, it is the evil drunks who must be persecuted – public opinion must be maintained that anytime we have so much as a beer, we fire up our rides with a wild gleam in our eye and go looking to play Death Race with unsuspecting other drivers & pedestrians on that mile home.
Am I saying “Booze away, vikings!! If you can stagger to your vehicle, get the key in the lock by the 9th try and hold one eye open, you are fine to drive!!” Of course not. Us (semi) responsible drunks want you arresting those sloppy assholes who pile-drink and weave all over the road. They’re the ones who give the rest of us a bad name. But statistics bear out strongly that the great majority of drivers causing there to be surviving family members of loved ones through their stupidity are well beyond .103.

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