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Bucs WR Boston charged with DUI
Asleep at the wheel in Pinellas Park, he thought he was in Hillsborough County.
By ANNE LINDBERGAND, RICK STROUD, Times Staff Writers
Published August 25, 2007
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David Boston was charged with driving under the influence and released on his own recognizance.
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PINELLAS PARK - David Boston's comeback effort was interrupted when the Bucs starting receiver was arrested and charged with driving under the influence.
Boston, 29, was found asleep at the steering wheel of his dark red Range Rover about 7:25 p.m. Thursday. Awakened by police, he told them he was on his way from Orlando to a Tampa International Airport hotel and thought he was in Hillsborough County.
But Friday morning, Boston participated in a walk-through practice at the team's training facility in Tampa and he accompanied the club to Miami for tonight's preseason game against the Dolphins.
It was uncertain whether he would play. The Bucs had no comment on Boston's arrest.
A passerby Thursday called both Pinellas Park police and firefighters to report the Range Rover had not moved when the light at Park Boulevard and 49th Street N turned green.
Two officers who arrived a minute after receiving the call found the Range Rover in the southbound lanes of 49th. They said the vehicle was running and in drive.
They called in a traffic officer experienced in alcohol-related driving cases, as well as one of the department's certified drug recognition experts who are trained to evaluate drivers who may be under the influence of something other than alcohol.
Officers had to open the door of Boston's vehicle and "wake him up," said Capt. Sandy Forseth, spokesman for the Pinellas Park Police Department.
"In Mr. Boston's case, his eyes were really indicating that something was going on there," Forseth said. "There's a fluttering, a bouncing of the eyeballs. They call it nystagmus. Mr. Boston's eyes were displaying a lot of nystagmus."
Forseth said he believed officers conducted four field sobriety tests, though he couldn't be specific. The results, combined with their observations of Boston's eyes, speech and demeanor, gave them reason to believe he was "impaired by some controlled substance or alcohol," he said.
On a tape of the field sobriety tests released Friday, Boston volunteers to take blood and Breathalyzer tests.
At one point, Boston asks to call his attorney and is told it is not permitted.
"Oh, my God, I'm not doing anything wrong," Boston said when asked to place his hands behind his back to be handcuffed. "How am I under the influence? Are you kidding me?"
The officers took Boston into custody and performed a Breathalyzer test. When the test came back negative, Officer Eric Schroeder, the drug recognition expert, or DRE, wanted to conduct a 12-step test to determine whether ingested drugs were involved.
"I'm understanding that Mr. Boston refused to participate in a lot of the DRE evaluation after the breath test," Forseth said. "Mr. Boston refused to cooperate."
Boston was within his rights to refuse, without fear of repercussions, Forseth said.
Officers took a urine sample to test for drugs. The results will not be available for several days, Forseth said. Officers did not ask for a blood test.
Boston was charged with driving under the influence and released on his own recognizance.
Officer Mike Nicholson, who helps train the drug recognition experts, said three categories of drugs could account for the nystagma: depressants, inhalants or dissociative anaesthetic, formerly known as PCP. Nicholson said the nystagma could also be unrelated to drug use and caused by health problems.
Boston made no incriminating statements, Forseth said.
He did tell officers that he had left a Buccaneers' practice field in Orlando's Celebration area and was headed to the Tampa International Airport, where he had a hotel room for the night.
The Bucs broke training camp in Orlando on Aug. 16.
"When asked if he knew where he was, he had no idea," Forseth said.
Told he was in Pinellas Park, Boston responded:
" 'Where is Pinellas Park?' " Forseth said. "He thought he was somewhere in Hillsborough."
This is the second stint with the Bucs for Boston, who has only played in five NFL games since 2003. Attempting a comeback from knee surgery, Boston was cut just before to the start of last season.
In 2002, Boston tested positive for cocaine and marijuana after a traffic stop. He pleaded no contest to two misdemeanors.
In 2004 with the Dolphins, he was suspended for four games for violating the league's steroid policy. At the time of his suspension, he had suffered a season-ending knee injury.
Boston appealed, saying he did not take an anabolic steroid, but it was denied. Later that month, he was charged with simple assault in Burlington, Vt., and eventually pleaded no contest to striking a ticket agent at the airport.
[Last modified August 24, 2007, 23:22:24]
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Comments on this article
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by Melvin
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08/27/07 10:08 AM
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Boston committed a crime in Pinellas Park, DWB. Let the media start investigating the police.
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by Steve
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08/26/07 06:28 PM
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You all are clueless aren't you. These tests are Standardized which means that anyone stopped will have to perform the same tests as Boston did. I think the DUI officers were doing their job give them a break.
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by Thomas
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08/26/07 08:55 AM
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I watched the video of the filed sobriety test and although he was obviously agitated his faculties were not impaired. The police have egg on their face.
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by Jon
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08/25/07 09:18 PM
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Yet another example of predatory DUI enforcement. These cops need to get off the street now. This is what MADD has done to us, shameful.
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by JC
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08/25/07 09:08 PM
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I've been an officer for over 30 years and after watching that video I would say that the Police were determined to get him arrested. I would predict that a good lawyer will make that officer and his tests look foolish!
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by Phil
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08/25/07 08:49 PM
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Watch the video, that cop was a major league D**K. I was expecting the cop to make Boston juggle bowling pins while tap dancing. What a joke, the media needs to investigate that blatantly abusive cop.
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by me
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08/25/07 05:45 PM
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The man fell asleep at a red light, and didn't even know where he was. I doubt the urine sample will come back clean!
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by Keiser
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08/25/07 03:10 PM
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The arresting police officer in this video should be reprimanded. As a former law enforcement officer the subject is not impaired, unless a B.A.C. proves otherwise. Also, what is the testimony of the other officers? Video will exonerate Mr. Boston!!!
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by Phil
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08/25/07 12:02 PM
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I watched the video and the cop was a jerk. He did not seem impaired and when he demonstrated his ability to stand on one leg, the cop said "you are a highly trained athlete...". At that point it was a forgone conclusion he would be charged.
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by Joe
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08/25/07 11:46 AM
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After watching the video, I am not sure I could do those tests on a good day. Of course, I have never fallen asleep at the wheel of a running auto before either. That is a crime in of iself.
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by Jeff
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08/25/07 11:44 AM
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Apparently your darned if you do cooperate with the police and darned if you don't. Also, how did the video show up on the web so fast?
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by Alan
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08/25/07 11:32 AM
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Soemthing has to be going on for a person to fall asleep at the wheel of a running car in "drive", at 7:25pm. Even if a person is just tired = falling dead asleep at the wheel of a running vehicle is a bad thing for him and for other people driving.
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by Jeff
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08/25/07 10:52 AM
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All right you Holy Rollers...let's let this play out before throwing Boston under the bus. Perhaps he has an undiagnosed heath condition of ome sort.
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by Jon
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08/25/07 10:23 AM
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I'd have to see the twitching eyes myself to believe it. As for not knowing where PP was, let's remember he is new to the area. He sure seemed in control of himself in the video. As for sleeping at the wheel, who knows. I may side with Boston.
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by Larry
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08/25/07 10:03 AM
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Note to all Bucs players, NO, make it to ALL people who make more that $100 M a year. GET A CAB!!! Barry Cowen is probably licking his lips though to be Boston's attorney on this one. The cops seemed a tad over motivated on that video.
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by John
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08/25/07 09:41 AM
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Of course that cop wants to make a dui bust. I believe they are all out for the MADD top dui getter. It looks great on that resume when you want a promotion.
although, how in creation do you fall asleep at a traffic light?
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by susan
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08/25/07 09:25 AM
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they should have taken him up on his offer to provide a blood sample
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by Tom
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08/25/07 09:02 AM
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Nothing in that video shows impairment by Boston. People in these situations are under a lot of stress; performing these instructions not a good way to identify DUIs. I doubt that in the 2 hours after practice ended that Boston would been a DUI case.
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by mikey
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08/25/07 07:19 AM
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Well, if Boston plays tonite and does good, he'll make the team. If he plays tonite and plays bad, he'll get cut. In other words, Gruden could not care less about off-field behavior, if it means winning games. Too long with Al Davis.
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by mike
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08/25/07 07:05 AM
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the man looked fine to me in the video. give the guy a break. do not tell me the cops did not run his prior arrest record and "assume" he must be under the influence of "something". pretty weak evidence if the urine analysis comes back clean.
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by Michael
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08/25/07 06:37 AM
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After watching the video, it seemed like the officer had intended to arrest him all along. I don't know if it's legal to deny someone a lawyer, no matter when you talk to them. And the officer seemed to be trying to bait Boston with his cmments.
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by Chris
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08/25/07 03:51 AM
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Video showed no impairment. I'm not sure how one falls asleep at a traffic light if not under the influence of something, but it is possible. With a negative urinalysis, he's vindicated.
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