Search found 4 matches

by gigag04
Sat Apr 06, 2013 4:43 pm
Forum: The Crime Blotter
Topic: Rep. Naomi Gonzalez arrested on DWI charge
Replies: 42
Views: 5780

Re: Rep. Naomi Gonzalez arrested on DWI charge

saltydog452 wrote:ag04, you really oughta know better than that.

Midnight-dark-thirty and you were just involved in a crash. It isn't a 'whoopsie' and bad stuff is about to hit the fan. Brain damage isn't necessary to be really concerned. Maybe to the point of being awkward.

Speaking of awkward, the 'walk', most likely will take place on the side of the road. Uneven surface, lights flashing, and the nice officer(s) may/may not have focused high candlepower lights into your face.

Just as doing the 'toe to heel' walk' and similar tests under these conditions would be difficult for a middle-age person, it gets way more difficult as we age a bit.

I say again, depending on the attitude of the nice DPS Trooper, the Breath-A-Lizer passed, but failing the 'roadside gynastics' evaulation can earn a ride and overnight accomaditions in Waco.

The District Attorney declined to prosecute, but the damage was done. There were considerable legal expenses involved.

Fortunately, our LEOs have considerable latitude.

Understand me, it isn't a level playing field and the LEOs don't walk on water. Like all of us, every now and then we happen to cross paths with someone in authority who has a real serious pissy attitude.

Whoop!
salty
Sorry - I have read this a few times and am not really following what you're saying.
by gigag04
Mon Mar 18, 2013 2:18 am
Forum: The Crime Blotter
Topic: Rep. Naomi Gonzalez arrested on DWI charge
Replies: 42
Views: 5780

Re: Rep. Naomi Gonzalez arrested on DWI charge

saltydog452 wrote:In an earlier post, it was pointed out that the 'suspect' failed the field sobriety tests. On my best day, as far back as ten years ago, I would not have been able to pass the roadside gymnastic examination to the satisfaction of the nice officer.

In fact, one can pass the 'blow breath-a-lizer ' test but fail the gymnastics and still take the ride. The various costs involved with sorting it all out can get out of hand.

The Legislator that was accused can probabally come with the necessary expense involved with questioning the accusation.

Not everyone has pockets deep enough to challenge the judgement of the officer.

salty
Failed SFSTs and blood test yielded yielded a BAC > twice the legal limit and she was impaired to the point of striking g another person - where exactly did the officers make a mistake here?

And unless unless you have serious brain damage, weight issues, mobility issues, or are really
old, you would do fine on the "roadside gymnastics."

If you could explain your level of understanding of the tests (without google) then I will have a better idea is how else to proceed in explaining them, but as of now, it reads like a great add for a DWI attorney. The SFST isn't some collection of coordinated complex moves - they are a scientifically based and proven simple system for dividing attention between physical and mental actions, similar to the behavior driving a car. If the SFST battery was anything less, it would not be the widespread and widely accepted system that it is.
by gigag04
Fri Mar 15, 2013 10:54 pm
Forum: The Crime Blotter
Topic: Rep. Naomi Gonzalez arrested on DWI charge
Replies: 42
Views: 5780

Re: Rep. Naomi Gonzalez arrested on DWI charge

Beiruty wrote:
gigag04 wrote:Suspicion of DWI = she refused all testing but articulable probably cause existed that the person met the elements of DWI.

If they refused testing, I hope they got a blood warrant.


Suspicion of DWI == DWI
Would not refusal of testing results in automatic suspension of DL?
Yes but that is a civil proceeding in ALR court.


eureka40 wrote:
gigag04 wrote:Suspicion of DWI = she refused all testing but articulable probably cause existed that the person met the elements of DWI.

If they refused testing, I hope they got a blood warrant.


Suspicion of DWI == DWI
They got blood.........

According to the arrest affidavit, her blood-alcohol level was measured at 0.164 — more than twice the legal limit.

Also failed all field sobriety tests. She was hammered!!
Good to go - that bumps it to an MA and she will take a (probably harsh) plea. If the other person in the accident went to the hospital that got them a mandatory blood draw on Gonzalez so it's open and shut so long as they can wheel her as the driver.
by gigag04
Fri Mar 15, 2013 11:45 am
Forum: The Crime Blotter
Topic: Rep. Naomi Gonzalez arrested on DWI charge
Replies: 42
Views: 5780

Re: Rep. Naomi Gonzalez arrested on DWI charge

Suspicion of DWI = she refused all testing but articulable probably cause existed that the person met the elements of DWI.

If they refused testing, I hope they got a blood warrant.


Suspicion of DWI == DWI

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