Blair Orange

[LV........ 7]

This is absolutely ridiculous.  These guys work hard and spend long days travelling to the races and participating etc.  Its Xmas, they are away from their families and friends and indulge in a few drinks afterwards, as normal people do.  Whoever dobbed them in obviously had a vendetta against them.  Blair Orange was unfortunate in this situation. For those who think he needs therapy etc need to re evaluate their boring life.  Yes there was probably others who had a drink too many, they were fortunate to pass the test on the day.  These guys work hard, spend long days away from their family etc and having a few drinks in excess later on the day and night is not the worst thing in life.  But breath testing before they drive is hardly the next hardship.  What is racing coming too.   I am a lady owner who likes a few drinks, will you breath test me next time I turn up to the races leading my horse into the stalls and supporting it on course?

[GONSTA 1,148]

9 hours ago, LV........ said:

This is absolutely ridiculous.  These guys work hard and spend long days travelling to the races and participating etc.  Its Xmas, they are away from their families and friends and indulge in a few drinks afterwards, as normal people do.  Whoever dobbed them in obviously had a vendetta against them.  Blair Orange was unfortunate in this situation. For those who think he needs therapy etc need to re evaluate their boring life.  Yes there was probably others who had a drink too many, they were fortunate to pass the test on the day.  These guys work hard, spend long days away from their family etc and having a few drinks in excess later on the day and night is not the worst thing in life.  But breath testing before they drive is hardly the next hardship.  What is racing coming too.   I am a lady owner who likes a few drinks, will you breath test me next time I turn up to the races leading my horse into the stalls and supporting it on course?

 

So you don't have a problem with him being 3x over the limit and well over the new drink driving limit for driving a car? Wonder why they dropped that limit? Maybe because alcohol kills and the NZ Road tolls back that statement up ten fold. 

I think driving a car is a hell of a lot safer and more predictable than driving behind a horse that has a mind of its own. 

I think he got off very lightly, let's also not forget these guys don't drive in a race meeting every day of the week, I'm sure the owners of the horse's he was supposed to be driving wouldn't expect him to be up until 2am and being 3x over the limit come lunchtime that day.

Storys like this are bad for the industry, when you see it all over the news it's certainly not a good look and isn't fair on everyone else working their asses off and trying to get new owners / punters involved.

You may call me boring, or whatever you like for that matter but it's about professionalism, how many 'professional' sportsman would you expect to have a massive night on the booze and drinking 10 hours before they competed? I can tell you know they would have got a far harsher penalty than Mr Orange. 

I also get the feeling people's opinions would be FAR FAR different if he tested positive to Marijuana, regardless of  whether he used it two weeks before or the night before? Why?

[GONSTA 1,148]

http://www.jca.org.nz/non-race-day-hearings/non-raceday-inquiry-riu-v-d-daniels-decision-dated-28-december-2015-chair-mr-m-dooley

 

Makes some interesting reading, not much different to Mr Orange's level. Obviously his 3 infringements previously count d against him but quite a difference in penalty's considering the similarity.

[Happy Sunrise 554]

 

12 hours ago, LV........ said:

This is absolutely ridiculous.  These guys work hard and spend long days travelling to the races and participating etc.  Its Xmas, they are away from their families and friends and indulge in a few drinks afterwards, as normal people do.  Whoever dobbed them in obviously had a vendetta against them.  Blair Orange was unfortunate in this situation. For those who think he needs therapy etc need to re evaluate their boring life.  Yes there was probably others who had a drink too many, they were fortunate to pass the test on the day.  These guys work hard, spend long days away from their family etc and having a few drinks in excess later on the day and night is not the worst thing in life.  But breath testing before they drive is hardly the next hardship.  What is racing coming too.   I am a lady owner who likes a few drinks, will you breath test me next time I turn up to the races leading my horse into the stalls and supporting it on course?

Rubbish.

You need to separate the hard work they do from the responsibilities they have.

As for whoever dobbed them in, have you ever thought that person was concerned for the welfare of others? No, I don't think you would. As for your statement that you like a few drinks and will you be breath tested next time at the races - that is no comparison at all, pathetic.

Don't complain when the next driver is pissed or high and takes out your horse in race crash.

Can't believe so many liked your post. Now that really deserves the comment......what is racing coming to.

[Toblerone 242]

kakama, overcheck, chelseacol, gubellini, ashoka, jazz...

You are a disgraceful bunch, the lot of you... liking a post endorsing someone turning up to drive a 500 kg animal with alcohol in their system and asking "what is racing coming too?" because the RIU are ensuring all drivers are kept as safe as possible...

[WhoKnows 791]

9 minutes ago, Toblerone said:

kakama, overcheck, chelseacol, gubellini, ashoka, jazz...

You are a disgraceful bunch, the lot of you... liking a post endorsing someone turning up to drive a 500 kg animal with alcohol in their system and asking "what is racing coming too?" because the RIU are ensuring all drivers are kept as safe as possible...

I have to agree with you on this.

I am not a stickler my any means but yes, the drivers, jockeys etc....can't be in riding, driving when are are affected by alcohol, no excuses.

If they caused a crash and took someone's life there would be hell to pay, it doesn't matter who it is.

I'm sure he has learnt his lesson and won't do it again and we should all move on, but by no means should people be making light of the potential danger he could of caused by driving under the influence, breath tests don't lie.

[thrillsnspills 36]

Work in my industry and you turn up pissed that means no alcohol your sent home with a warning do it again and your looking for another job, Must have had a skin full to still read a high limit some 10 hours later,what family man can be on the booze till 2am  when you got a paid job the next day,Some of us don't need a skin full to enjoy life,Got off lightly, As for LV.. Comments    some of these drivers wouldn't know a hard day if it bit them in the bumb, Also (LV...) wait till a horse rears up lands on your high heels you stumble cause your half cut an then tell me its fun been half cut.... and yes LV.. under the new osh reg you can be charged with walking a horse into a stabling area been under the influence... NEK Please      

[Happy Sunrise 554]

18 minutes ago, kakama said:

He has been punished, he has been treated similar to someone getting pulled over for drink driving.

But it seems that is not enough for you and a couple of others? What did you want , stop him for working for 6 months, want to see the family struggle?

Stop working for 6 months? Family struggle? Exaggeration doesn't help much.

It is a fair penalty for a first offence and sends a message. 

It is not like there is racing everyday of the week. I doubt it is beyond drivers to lay off the heavy drinking the night before a meeting.

 

[chelseacol 2,488]

2 hours ago, Toblerone said:

kakama, overcheck, chelseacol, gubellini, ashoka, jazz...

You are a disgraceful bunch, the lot of you... liking a post endorsing someone turning up to drive a 500 kg animal with alcohol in their system and asking "what is racing coming too?" because the RIU are ensuring all drivers are kept as safe as possible...

sorry to offend you toblerone.

in my defence I was p*ssed when I liked that post....

[2Piper 408]

On 1/2/2016, 8:26:13, Kotare_Hunter said:

Are Trainers exempt from testing ?

Trainer N Edge admitted a breach of Rule 849(2) in that he presented RUSSIAN EXPRESS to race without a number and was fined $100 by the JCA.

 

I was under the impression trainers were not allowed to be under the influence whatsoever before their chargers have raced. Not sure on the rule for after the race as quite often the owners and connections are invited for a celebratory drink (of champers) .Trainer may still have horses yet to race.

[JOHNRYAN 62]

On ‎4‎/‎01‎/‎2016‎ ‎3‎:‎47‎:‎19‎, Kotare_Hunter said:

Such a constructive contribution

Well that's all it deserved. You were no doubt one of the gullibles who actually addressed Gonsta in a serious manner.

Gonsta in his political gestures you know anti trotting, even slipped in that Blair may have a drinking problem and may need help.

It comes out that Blair said he isn't normally a big drinker but was drinking till 2am the night before. I don't know but as he is staying down south I would guess that his wife and kids are with him. Only Oprah Winfrey fans would get carried away with this and or bother addressing Gonsta but sadly we obviously do have a number of Oprah fans on this board.

 

[JOHNRYAN 62]

Never heard of trainers having drinking rules. I'm sure there aren't any.

Here is a query. Why couldn't Blair have been tested an hour later and allowed to drive if then below the limit?

I know why. Because it is all about punishing people for mistakes. No common sense involved at all.

[JOHNRYAN 62]

4 hours ago, thrillsnspills said:

Work in my industry and you turn up pissed that means no alcohol your sent home with a warning do it again and your looking for another job, Must have had a skin full to still read a high limit some 10 hours later,what family man can be on the booze till 2am  when you got a paid job the next day,Some of us don't need a skin full to enjoy life,Got off lightly, As for LV.. Comments    some of these drivers wouldn't know a hard day if it bit them in the bumb, Also (LV...) wait till a horse rears up lands on your high heels you stumble cause your half cut an then tell me its fun been half cut.... and yes LV.. under the new osh reg you can be charged with walking a horse into a stabling area been under the influence... NEK Please      

load of rubbish. Family men don't or wouldn't drink? Are you a Mormon?

I've known some of the best family men one could wish to know who liked to drink.

 

 

[Happy Sunrise 554]

Just now, JOHNRYAN said:

Here is a query. Why couldn't Blair have been tested an hour later and allowed to drive if then below the limit?

I know why. Because it is all about punishing people for mistakes. No common sense involved at all.

No common sense in your post.

Would you allow him to drive your horse with a reading of 334, or maybe in the last race when he finally gets down to the 100 limit?

[Kotare_Hunter 748]

15 minutes ago, JOHNRYAN said:

Well that's all it deserved. You were no doubt one of the gullibles who actually addressed Gonsta in a serious manner.

Gonsta in his political gestures you know anti trotting, even slipped in that Blair may have a drinking problem and may need help.

It comes out that Blair said he isn't normally a big drinker but was drinking till 2am the night before. I don't know but as he is staying down south I would guess that his wife and kids are with him. Only Oprah Winfrey fans would get carried away with this and or bother addressing Gonsta but sadly we obviously do have a number of Oprah fans on this board.

 

Hopefully you managed to get a selfie with Oprah during her recent visit johnryan

[JOHNRYAN 62]

5 hours ago, Toblerone said:

kakama, overcheck, chelseacol, gubellini, ashoka, jazz...

You are a disgraceful bunch, the lot of you... liking a post endorsing someone turning up to drive a 500 kg animal with alcohol in their system and asking "what is racing coming too?" because the RIU are ensuring all drivers are kept as safe as possible...

So you didn't give a toss your whole life because they never tested drivers. One gets caught and you jump on your high horse. Maaate you would've backed winners over the years driven by men who wouldn't have passed a breath test. Did you worry about it?

[Ashoka 1,179]

Toblerone...

I liked the post because of the, in my opinion, accurate comment regarding the possibility of Mr Orange required therapy for alcohol abuse. I also agreed with the poster's position on the situation regarding other drivers. 

Cheers.

Ashoka

[JOHNRYAN 62]

3 minutes ago, Kotare_Hunter said:

Hopefully you managed to get a selfie with Oprah during her recent visit johnryan

Yeah Right.

[Happy Sunrise 554]

3 minutes ago, Ashoka said:

Toblerone...

I liked the post because of the, in my opinion, accurate comment regarding the possibility of Mr Orange required therapy for alcohol abuse. I also agreed with the poster's position on the situation regarding other drivers. 

Cheers.

Ashoka

If they passed the test then they didn't drink as much and were in a fit (or fitter) state to drive unlike Orange who was well above the limit.

Not a good defence the one that starts with.....'everyone else does it.....

[Happy Sunrise 554]

8 minutes ago, JOHNRYAN said:

So you didn't give a toss your whole life because they never tested drivers. One gets caught and you jump on your high horse. Maaate you would've backed winners over the years driven by men who wouldn't have passed a breath test. Did you worry about it?

You knowing that there were drivers out there intoxicated didn't worry you then? Not worried for other drivers, trainers, owners or horses? I thought you were highly involved in the industry.

Dark Ages / Pisshead mentality.

[Ashoka 1,179]

Happy Sunrise...

Did they test all the drivers? If not, why not, given the time of year? If the intention was to ensure the safety of all the drivers and their horses, then surely all should have been tested. A level playing field?.I think not.

Regards.

Ashoka

[Happy Sunrise 554]

Ashoka,

 I believe from reading stipe reports that they test all drivers in an early race at random meetings. However in this case it was just Orange, is that unfair? Not when they may have had reason to test him. He did have a very high reading. I look forward to reading the JCA report so the whole story can be told.

I think Blair Orange is good for harness racing (from my distant view) and don't wish anything ill upon him for this. It is most likely to be just a serious error of judgement with consequences for himself and, fortunately, nobody else. This is will be all forgotten in due course and he will continue to be a top driver.

Always enjoy reading your posts.

Happy Sunrise.

 

[Jazz 62]

6 hours ago, Toblerone said:

kakama, overcheck, chelseacol, gubellini, ashoka, jazz...

You are a disgraceful bunch, the lot of you... liking a post endorsing someone turning up to drive a 500 kg animal with alcohol in their system and asking "what is racing coming too?" because the RIU are ensuring all drivers are kept as safe as possible...

Thanks.

Sometimes I'm a very bad girl..... Disgraceful most definitely   Nailed it!

[Jazz 62]

I liked the post echoing the sentiment that most of these guys work very hard.... Always exceptions but for the majority long days and bugger all reward for the effort put in is the reality, along with a level of public scrutiny seldom seen in other industries with comparative working hours and rates of pay.

Like Kakama - I'm certainly not an advocate of drink driving and it does appear some posters would prefer a public whipping to any penalty dealt by the JCA when it comes to rule infringements.

[Happy Sunrise 554]

Here it is....

Not singled out....not happy with self.....admits guilt......out of character......doesn't drink a lot.......accepts responsiiblity......stewards think him a good fella....reasoned penalty.

End of.

CENTRAL OTAGO TC 2 JANUARY 2016 - R 3 (PENALTY DECISION DELIVERED ON 4 JANUARY 2016 AT ROXBURGH - CHAIR, PROF G HALL

Races: 

• R 3

Rules: 
513(4)(c)

Background: 

RACEDAY JUDICIAL COMMITTEE DECISION

Informant: Mr B Kitto - Racecourse Investigator
Respondent: Mr B Orange - Licensed Horseman
Information No: A7762
Meeting: Central Otago Trotting Club 
Date: 2 January 2016
Venue: Oamakau
Rule No: 513(4)(c)
Race: 3
Judicial Committee: Prof G Hall  Chairman - Mr P Knowles, Committee Member 
Plea: Admitted
Persons Present: Mr M Jones - Licensed Horseman, supporting Mr Orange

Evidence

Mr Orange has admitted a breach of r 513(4)(c) in that he presented himself at 12.45 pm on 2 January 2016 within one hour prior to the start of a race in which he was engaged to drive, namely race 3, and committed a breach of the Rules of Harness Racing as he recorded a breath alcohol level greater than 100 mcg, namely 334 mcg.

 

Rule r 513(4)(c) states:
(4) A horseman commits a breach of these rules who presents himself or herself within 1 hour prior to the start of the race in which he or she is engaged to drive or who drives in a race commits a breach of these rules if he or she:
(c) has a breath alcohol level greater than 100 micrograms of alcohol per litre of breath (0.02%).

 

The penalty provision is 1003(1)(a), (b) and (c). Relevantly this is a fine not exceeding $10000 and/or a suspension for a period not exceeding 12 months.

 

Mr Kitto stated that Mr Orange was one of a number of drivers he breath tested for alcohol at the Central Otago TC meeting on 2 January. He had tested Mr Orange at 12.45 pm, which was within one hour prior to the start of race 3, in which the respondent was engaged to drive. He said the respondent had complied with the breath testing procedure and this had produced a result of 334 mcg. The respondent was immediately “cross with himself” for failing the test. He said Mr Orange had been tested numerous times before and had never failed a test.

 

Mr Orange explained that he is not a regular drinker but had been drinking until 2 on the morning of the meeting after journeying to Cromwell from Auckland. He had not eaten since breakfast the previous day at Auckland airport, as he was not a big eater, and this, plus the fact he was slightly built, he believed was a contributing factor to his returning a positive result. He emphasised at no time did he feel he was under the influence of alcohol and that there was no way he would turn up to a race meeting if he believed he was so affected. He added he had travelled to the racecourse as a passenger in a vehicle.

 

Decision

As Mr Orange has admitted the breach, it is found to be proved.

 

Submissions as to Penalty 
Mr Kitto has submitted that a suspension, or a suspension and a fine, is appropriate. He said the appropriate starting point was 6 weeks’ suspension. There were no aggravating factors and he acknowledged the mitigating factors of Mr Orange’s clear record, co-operation, and admission of the breach would reduce this starting point substantially.

 

Mr Kitto submitted that the Bishop case offered guidance to the Committee and that the starting point there was 6 weeks suspension. However, he acknowledged that the number of drives that Mr Orange had on raceday was a very relevant consideration and the period of suspension would need to be adjusted because of this fact. Mr Kitto estimated the respondent had on average 6 drives per meeting. When the Committee indicated it believed the number was closer to 7, he replied that the informant accepted that figure, as did Mr Orange.

 

Mr Orange has submitted that a fine is appropriate. He has acknowledged that this would be in the 4-figure range. He has emphasised the fact that he needs to be able to drive on raceday to support his family and has asked that if there were to be a suspension, that this be as short as possible for this reason.

 

Reasons for Penalty 
The RIU has informed us that this is the first breach of this rule in the Harness Racing industry. However, we are aware that there have been a small number of such cases in the thoroughbred code. Mr Kitto has referred us to the case of Bishop and we are aware of the earlier case of Moseley. We need to be consistent and we intend to take guidance from these cases. However, a complicating factor is that penalties in the harness code as detailed in the JCA Penalty Guide are by fine or number of drives (one drive equates to a fine of $50), in contrast to the number of days suspension in thoroughbred.

 

Mr Moseley, whose level was 214 mcg (lower than that of Mr Orange), was suspended for 4 weeks, which was stated to be 9 meetings. On average, we believe Mr Moseley would have 6 rides a meeting, so this would equate to 54 rides. Mr Bishop, whose level was high at 512 mcg (and thus substantially above that of Mr Orange), was suspended for 5 weeks (14 meetings). He would have had on average, we assess, 5 rides per meeting at that time in his career, which adds up to 70 rides.

 

The penalty we impose has to hold Mr Orange accountable and uphold the integrity of the Harness Racing industry. We doubt there is a need for specific deterrence but general deterrence (the deterring of other licence holders) is a very relevant consideration.

 

Mr Orange has a clear record under the rule and is an experienced, successful and well-regarded participant in the harness industry. He has been fully cooperative with the RIU investigation, has forthrightly admitted the breach, and is clearly embarrassed by the predicament in which he finds himself, and is remorseful. He has stated he has never been suspended from driving at any time in his career, which he rightly regards with a degree of pride.

 

Taking guidance from Bishop and Moseley, and we emphasise having regard to the interest of consistency between the codes, we arrive at a figure for Mr Orange of 56 drives (8 days’ suspension). We calculate this to be slightly more drives than the number of rides that were forfeited by Mr Moseley, as a consequence of his suspension. We view Mr Moseley to be a similarly experienced and well-regarded licence holder in thoroughbred racing, as is Mr Orange in the harness industry.

 

We believe because of the serious nature of the breach that it has to be marked by a suspension. We thus do not accept Mr Orange’s submission on this point. However, we believe a combined penalty to be appropriate in this instance, as was acknowledged by Mr Kitto.

 

Penalty 
Mr Orange has drives at Roxburgh and Cromwell. He was stood down from driving at Omakau, so he has already served the equivalent of one day’s suspension.

 

Mr Orange is suspended from the end of racing on 6 January up to and including 14 January (4 days — Oamaru; Nelson (2); Invercargill (Gold Cup day)). He is also fined the sum of $1050.

 

This is in effect 5 days’ suspension (35 drives) and the fine of $1050 equates to 21 drives. The total is thus 56 drives.
 

As the matter was heard on raceday, there is no award of costs to the RIU or the JCA.