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Speaker 1: Bill cunning in the Great American a few hours ago,

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Speaker 1: more videotape came out of Tiger Woods as he's kneeling

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Speaker 1: down answering a few questions, and I know that he made.

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Speaker 1: Tiger Woods made mistakes in his life, one of which

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Speaker 1: appeared to be a problem with alcohol and then prescriptive drugs.

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Speaker 1: Many have had that difficulty. You can be Elvis, you

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Speaker 1: can be Michael Jackson, you can be Tom Petty, you

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Speaker 1: can be Prince. But whatever it is, a lot of

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Speaker 1: people have difficulties with prescriptive drugs and alcohol. And Alex

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Speaker 1: Dierdorff is a fine criminal defense attorney with a law

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Speaker 1: firm of Steven R. Adams. Stopped by the man, Call

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Speaker 1: the man, Alex Dierdorf Welcome to the Bill Cunningham Show.

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Speaker 1: And first of all, Alex, let's say sometime maybe three

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Speaker 1: or four o'clock this afternoon, you get a call from

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Speaker 1: a famous, noted person, an Indian Hill, who's in a collision,

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Speaker 1: and they call your number, want to ask you questions

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Speaker 1: about what advice would you give that person? And then secondly,

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Speaker 1: what mistakes Tiger Woods may have made him doing what

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Speaker 1: he did in the field. Sobriety test. But first of all,

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Speaker 1: as a classic example, a rich person an Indian hill,

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Speaker 1: clips the back of a trailer, rolls his range rover

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Speaker 1: and he picks up the phone and calls you. What

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Speaker 1: do you tell that person?

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Speaker 2: Sure, thanks Bill, and thanks for having me on. So

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Speaker 2: the first thing that I always say, you know, it

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Speaker 2: depends on the level of impairment, right, I mean, if

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Speaker 2: somebody is telling me on the telephone, I've had absolutely

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Speaker 2: no drugs, no alcohol, no nothing, then the test speaks

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Speaker 2: for itself, particularly the labs absence someem anomaly. I mean,

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Speaker 2: they're they're very accurate. So depending on what's being told

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Speaker 2: to me, I think would dictate what advice I'm giving back.

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Speaker 2: But if you're reviewing the videos that came out today,

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Speaker 2: you know, I saw he's cooperative, he's answering the questions,

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Speaker 2: he's denying any any alcohol consumption, and he pills things

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Speaker 2: like that. The field sobriety testing down and that he

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Speaker 2: was doing is a little different than here in Ohio.

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Speaker 2: But you know, if he's saying I'm not impaired, then

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Speaker 2: of course go ahead and take take the field sobriety testing.

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Speaker 2: It's interesting when I watch the video because he's denying,

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Speaker 2: denying alcohol. He says that he's taking his prescriptions as prescribed.

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Speaker 2: But then I saw also a statement in alignment with

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Speaker 2: that video that he's seeking treatment. So I always find

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Speaker 2: it interesting when the attorneys are releasing statements like that

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Speaker 2: while the case is pending. I just think that's interesting,

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Speaker 2: kind of feels like an admission on something so public.

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Speaker 2: But I felt like after reviewing the body cam that

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Speaker 2: he looked cooperative and was taking the tests as instructed.

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Speaker 2: So it would be my advice. It really depends.

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Speaker 1: It depends. So if a person calls you at two

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Speaker 1: o'clock in the morning and say, Alex Deardorf from on

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Speaker 1: I seventy five, I'm getting pulled over as I speak,

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Speaker 1: your first question might be heavy, you had something to drink,

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Speaker 1: or you're on some sort of a drug. And if

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Speaker 1: that person says, I've had nothing to drink and I'm

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Speaker 1: not on any drugs of any type, you would say, what.

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Speaker 2: Cooperate?

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Speaker 1: All right, Let's say you're Tiger Woods and you have

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Speaker 1: a little bit of a history and you have prescriptive drugs.

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Speaker 1: Would you advise him at that point to take the

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Speaker 1: field sobriety test that would probably indicate because of his

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Speaker 1: physical condition, some sort of difficulty.

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Speaker 2: Absolutely, so that does change it. I've had clients at

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Speaker 2: call and say, you know, I haven't consumed anything, I'm

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Speaker 2: only on my prescriptions, but I have certain medical conditions

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Speaker 2: that are going to prohibit me from doing well on

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Speaker 2: the tests. That's another factor that i'd want to know

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Speaker 2: before answering the question. And so I think for him,

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Speaker 2: in particular on medication, he obviously has been dealing with

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Speaker 2: some surgeries. That's something that needs to be told to

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Speaker 2: the officers before the administration. So I feel like he

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Speaker 2: was vocal about that it's important to say that before

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Speaker 2: taking the testing, So I that would be my advice

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Speaker 2: as far as making sure they know any medical conditions

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Speaker 2: that might affect your performance on the test, for sure.

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Speaker 1: And as far as peeing in the bottle, he blew

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Speaker 1: zero zero zero, Obviously he had no would you've advised

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Speaker 1: him not to pay in the bottle if he had

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Speaker 1: prescriptive drugs in his system?

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Speaker 2: So that's another interesting question, and I feel like answering it,

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Speaker 2: I can answer it two ways. One is what's the

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Speaker 2: client telling me? And I keep saying that, but depending

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Speaker 2: on what they're stating to me, is going to dictate

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Speaker 2: my advice to him. So if he's taking them as prescribed,

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Speaker 2: his doctor has given him this amount to take it

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Speaker 2: this time, then there's not going to be issues because

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Speaker 2: when the urine comes back and states that it's only

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Speaker 2: your prescriptions, if you're not impaired as a result of

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Speaker 2: your prescription medication, you're not guilty of an OBI and

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Speaker 2: you've just exonerated yourself. Now, on the flip end of that,

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Speaker 2: if somebody's maybe abusing their medications, then I wouldn't want

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Speaker 2: them to submit to a urine. That that walks you

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Speaker 2: right into an OBI conviction. So the way I've looked

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Speaker 2: at this today is one that would be my advice,

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Speaker 2: as I just stated, But looking at how things were

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Speaker 2: done here, sometimes people jump to, well, you refuse the urine,

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Speaker 2: so it had to be over the limit, right, So

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Speaker 2: that's that's gonna You're you're using my advice against me.

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Speaker 2: But I would just say back to that that. Imagine

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Speaker 2: officers there, they're doing an investigation of an accident. He

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Speaker 2: told them right away. I looked at my phone, looked

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Speaker 2: up quickly hit remained Unseeen was cooperative, answering all of

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Speaker 2: the questions So my answer right now is going to

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Speaker 2: be kind of how I would help Tiger right now

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Speaker 2: in this situation, And I think that answer would be

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Speaker 2: looking at the video itself. Everyone keeps saying, well, the

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Speaker 2: police report says he was the thar he was, his

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Speaker 2: eyes were dilated, you know it, well, can you? Any

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Speaker 2: time an officer makes an arrest, they're not going to

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Speaker 2: put in there we weren't quite sure how he was doing,

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Speaker 2: so we arrested him for an ov I and we'll

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Speaker 2: figure it out later. Especially with the case this public,

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Speaker 2: they're going to put in their conclusive language that they

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Speaker 2: made the right decision on the arrest. So that's why

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Speaker 2: I think the videos are always so important because sometimes

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Speaker 2: that conclusive language about lethargic inability to perform the fields.

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Speaker 2: I've seen that in Ohio all the time, and then

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Speaker 2: we get the video and they're doing just fine, or

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Speaker 2: they stepped off the line and stopped and asked a question.

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Speaker 2: But if someone had just gone off the police report,

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Speaker 2: they right, they failed the fields. So I feel like

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Speaker 2: in this instance, the way I would look at it,

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Speaker 2: as you know, they said, well you refuse the urine.

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Speaker 2: Back to that question, Well, the first thing they asked

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Speaker 2: him to do was take a breathalyzer. So that tells

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Speaker 2: me the officers and their investigation are saying, there's out

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Speaker 2: suspicion or why not jump right to the urine question?

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Speaker 2: Why even give him a breathalyzer if you're suspecting drugs

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Speaker 2: or alcohol? But I think what happened here is they

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Speaker 2: get the results it's zero zero. Well, shoot, okay, now

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Speaker 2: we're going to ask for a urine. What if Tiger said, so,

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Speaker 2: are you going to let me go after I gave

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Speaker 2: that urine? Then they say, well, no, you're still under arrest. Okay,

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Speaker 2: now I want an attorney. I just gave your first test.

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Speaker 2: So that's why looking at a case after is way

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Speaker 2: more interesting for me than before, if that makes sense.

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Speaker 1: And looking at the video release this morning, I saw

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Speaker 1: a cooperative oriented to time and place. He was able

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Speaker 1: to answer questions. He didn't appear to be grossly impaired.

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Speaker 1: He gave an excuse for the accident, which was I

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Speaker 1: was looking down at my phone, which happens all the time,

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Speaker 1: and therefore the reason for the accident. It wasn't my impairment.

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Speaker 1: It was the fact that I distracted And there's probably

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Speaker 1: an offence in Florida that deals with that specifically, not

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Speaker 1: as harshly as as an OVII. You could claim that,

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Speaker 1: So you think this morning the videotape might have helped,

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Speaker 1: and the fact that he didn't give the urine test.

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Speaker 1: He has the right not to do that, but there's

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Speaker 1: a small punishment for that in the state of Florida,

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Speaker 1: which when you get your license, you kind of agree

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Speaker 1: to take that test. Fair to do so is not good,

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Speaker 1: but not in as bad as an ovi. So you're saying,

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Speaker 1: Alex Deerdorf that Tiger Woods played this pretty well.

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Speaker 2: Well, I do think so, And that's why I feel

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Speaker 2: like the facts matter because you know, like I said,

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Speaker 2: i'd answer differently if he's calling me and telling me something,

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Speaker 2: that's a different question. But looking at the evidence of

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Speaker 2: this case, if I was his lawyer, now, did he

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Speaker 2: do anything wrong? What I'm seeing is no. I mean,

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Speaker 2: he's answering the questions. Well, he's cooperating. Had he been

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Speaker 2: over which none of us will really know at this point,

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Speaker 2: he at least protected himself from providing that evidence. So

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Speaker 2: you know, I have to be cautious. Of course, I'm

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Speaker 2: not condoning drinking and driving. The impairment or any of that.

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Speaker 2: Of course, end of the day, if you're looking at

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Speaker 2: this from my job, which is to protect somebody that's

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Speaker 2: charged on the facts, have we seen Could he absolutely

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Speaker 2: be the offense? Yes? Could he not be and have

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Speaker 2: been been protecting himself. He's been through the ringer a

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Speaker 2: few times, sure, But based on what I was seeing,

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Speaker 2: we don't have the video from the testing administration, and

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Speaker 2: I have seen people they say, we know you're drinking.

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Speaker 2: You're going back to the station. Take a breathalyzer. It

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Speaker 2: comes back zero. Then they turn around and say, well,

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Speaker 2: now we want your blood, and the client's responding, okay.

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Speaker 2: So if I do this, I wait here for another hour,

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Speaker 2: give you the test. Do I go home? No? No, okay,

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Speaker 2: now we're done here, you know. So, I think it

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Speaker 2: just depends on the circumstance. Of course, from my role

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Speaker 2: in the system, That's how I'm analyzing the case. But

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Speaker 2: as far as what he did, he probably did everything

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Speaker 2: as well as he could have, at least to reserve

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Speaker 2: the ability to contest this if he was not impaired.

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Speaker 1: Stereo door fit. As far as the background music, we

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Speaker 1: all know, may I use the term we that he's

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Speaker 1: got a drug problem, prescriptive drug problem. But we all

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Speaker 1: know that he issued a statement a few days ago

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Speaker 1: admitting he's got serious problems and he's leaving the country

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Speaker 1: to get to treatment for his drug problem. So, on

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Speaker 1: one hand, as a criminal invention attorney, well, he did

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Speaker 1: everything right. He was an influence, he wasn't effect. And

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Speaker 1: on the other hand, he's admitted in statements that I

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Speaker 1: got a serious problem, I'm leaving the country to get help.

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Speaker 1: How do those two things? Mesh?

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Speaker 2: And I you know, I'm not an attorney to the stars,

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Speaker 2: so I'm here just you know, am easily a criminal

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Speaker 2: defense attorney from Cincinnati. But it did feel odd to

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Speaker 2: me that he did what he was supposed to do

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Speaker 2: to protect himself and then now here we are issuing

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Speaker 2: his statement, especially because if they're issuing to me, and

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Speaker 2: again I'm not that attorney. But to me, the statement

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Speaker 2: is we're waiting on information. Let's see how it comes

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Speaker 2: in to be so affirmative about treatment. Just admitted. I mean,

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Speaker 2: nobody cares what the video shows anymore.

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Speaker 1: Right, right? Right?

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Speaker 2: He admitted it like I would have. Yeah, I would

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Speaker 2: have said, we're waiting on information. Let the news cycle

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Speaker 2: run its course, and then we get the video back.

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Speaker 2: Tiger looks great fight this case outside of the media.

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Speaker 2: But you know what do I know?

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Speaker 1: Well, I mean, essentially he admitted that he needs help.

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Speaker 1: Now it did particular on that particular afternoon that was

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Speaker 1: he driving him paired. He didn't admit to that, but

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Speaker 1: he kind of admitted, I got problems. I got to

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Speaker 1: get addressed, which he's addressed before. I can recall the

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Speaker 1: videos a few years ago when he had all the

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Speaker 1: affairs with the pancake waitresses that I got problems, my

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Speaker 1: wife's left me. And then he's rolling cars and he's

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Speaker 1: drunk and he's doing the field sobriety tests a few

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Speaker 1: years ago, and he pleads out to a DUI, I'm sorry,

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Speaker 1: I'm going to get help. And then he has the

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Speaker 1: incident in LA in twenty twenty one. Oh, I need help.

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Speaker 1: I'm gonna get help. Now he does it again, and

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Speaker 1: I hope he gets help because many people have these difficulties.

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Speaker 1: Go three, four, five, six times, and I want him.

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Speaker 2: To get help, right, And I think that's the thing,

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Speaker 2: is just words matter, right, Like when the news comes

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Speaker 2: out and we see impaired lethargic failing the fields. I mean,

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Speaker 2: we keep then reading onto the next story, and then

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Speaker 2: when the next story is his attorneys, you know, checked

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Speaker 2: him into treatment. The video comes out today, I bet

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Speaker 2: you half the people that have already made up their

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Speaker 2: mind aren't even gonna watch that. So I just feel like,

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Speaker 2: at least from if that was my client, you got

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Speaker 2: to protect as much as possible and mitigate and does

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Speaker 2: he maybe need treatment, sure, but as far as the

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Speaker 2: legal consequences, that's not going to do you any favors.

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Speaker 1: Well, we'll see how that plays out. I'm sure at

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Speaker 1: the at the end of the day there's going to

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Speaker 1: be some deal made if he gets help. I don't

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Speaker 1: know what country's in now. He was given a permission

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Speaker 1: to leave the country. I hope he gets help now. Lastly,

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Speaker 1: you had texted me also about an interesting marijuana case

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Speaker 1: that you have tell the America people about that one.

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Speaker 2: Yeah, so it did bring up just thinking about the prescriptions,

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Speaker 2: the result, that's how it would come back. You know,

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Speaker 2: I've been thinking a lot about marijuana, the legality of it,

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Speaker 2: how does that affect people in this case. Did remind

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Speaker 2: me of it because you know, people are now obviously

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Speaker 2: able to buy it, able to consume it. But I

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Speaker 2: don't think you've realized or people realize that on the

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Speaker 2: law OVI loss still is that the marijuana metabolite in

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Speaker 2: your system makes you automatically guilty of an OVI. So

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Speaker 2: what I mean by that is, you know, you could

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Speaker 2: take an edible, you know, smoke a little marijuana over

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Speaker 2: the weekend or the day before. You're driving along the road.

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Speaker 2: They suspect you, you go through the fields, you're being cooperative. Well,

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Speaker 2: we want you to take at urine test. You do.

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Speaker 2: You're not impaired at all, and even toxicologists would state that.

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Speaker 2: But you're over the legal limit for the metabolite because

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Speaker 2: your body's processing it, you're guilty of the dui ov I.

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Speaker 2: So I think that's going to become and I have

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Speaker 2: a case right now that is that's the issue, is

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Speaker 2: that they were being cooperative, they took the test, and

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Speaker 2: they're over just on that marijuana metabolite, making them on

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Speaker 2: the Ohio law still is guilty of an OVI. But

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Speaker 2: anybody that you ask and knows anything about marijuana is

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Speaker 2: going to say that's not at all, not intoxicated, You're

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Speaker 2: not under the influence. So I just feel like people

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Speaker 2: when you're going to be using these types of things

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Speaker 2: need to be educated that that's that's the potential. You

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Speaker 2: may think you're doing everything right and complying, but I

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Speaker 2: guess the science of marijuana has not really or the

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Speaker 2: law has not really caught up to science.

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Speaker 1: So still right now, right to change it.

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Speaker 2: In the exact well, to remove it from the OVI

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Speaker 2: statute because you're not impaired at all. And so why

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Speaker 2: is this saying you should have an OVI?

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Speaker 1: So in a classication, you or I on Saturday could

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Speaker 1: have a gummy every now and then I took gummies

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Speaker 1: and helped us sleep or whatever. My back kills me

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Speaker 1: and I take a gummy and it helps a little bit.

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Speaker 1: Two days later, someone runs into me and the cop says, hey,

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Speaker 1: if you if you had some gummies or thc. Well yeah, yeah,

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Speaker 1: well yeah, and I'm not in pair. And in fact,

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Speaker 1: somebody hit me. And because I took a gummy on

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Speaker 1: Saturday for sleep on Monday, I could be charging convicted

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Speaker 1: of ov I.

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Speaker 2: And that's exactly a case I have right now where

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Speaker 2: they did everything right on paper. And even more so,

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Speaker 2: the traffic stop was for an equipment violation. One of

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Speaker 2: the tail lights was missing, so there's not even you

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Speaker 2: can't even leap to suggest that the driving is bad.

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Speaker 2: But the lab came back with that metabolite over and

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Speaker 2: so yes, technically on paper, is that an ov I?

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Speaker 2: You know, that's what the argument is about. But is

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Speaker 2: it fair? Absolutely not. And I think people just don't

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Speaker 2: have the education that they could be walking themselves into problems.

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Speaker 1: Would you say, don't take it, don't pee in a bottle,

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Speaker 1: don't give a Would you say zero zero on the

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Speaker 1: alcohol and then I'm not going to take it? Then

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Speaker 1: what do they have to prove that your ov I?

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Speaker 1: If you don't give them the evidence.

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Speaker 2: Exactly, they have to prove you are impaired. And so

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Speaker 2: how do they do that.

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Speaker 1: If you don't give them the evidence, they can't exactly.

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Speaker 2: So I just think people that do that recreationally should

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Speaker 2: be aware of that risk because they're thinking, well, I

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Speaker 2: didn't drink, I didn't use drugs, I'm perfectly safe to drive,

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Speaker 2: right you, or realize that maybe their system might walk

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Speaker 2: them into a criminal charge.

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Speaker 1: Good advice. Alex Dierdorf stopped by the man. Call the

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Speaker 1: man the law of Froom of Steven R. Adams. He

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Speaker 1: lives now only in our memories and what memories they were.

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Speaker 1: But Alex Dierdorf, criminal defense Attorney Supreme, thanks for coming

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Speaker 1: on the Bill Cunningham Show. And Alex, we'll do it again.

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Speaker 2: Thank you very much, thanks for having me.

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Speaker 1: God bless you. Let's continue with more. And there it

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Speaker 1: is for those of us who may use gummies understand that,

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Speaker 1: according to Alex Dierdorf, do not pee in a bottle

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Speaker 1: or give blood willingly, because after all you're not impaired,

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Speaker 1: and then you may give the popo the evidence to

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Speaker 1: convict you. Otherwise they wouldn't have it and you wouldn't

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Speaker 1: get the conviction. Bill Cunningham News Radio seven hundred WLW