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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

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.

gigag04 wrote: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 know, 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.

SFSTs have several components in them that make the tests fairly conclusive as to a person being impaired.

That said, a good example is my brother who has Multiple Sclerosis (MS). His condition will affect 2 of the 3 tests. However, the HGN should not be impacted by his MS. Either add or take away other contributing factors like smell of alcohol, bloodshot eyes, slurred speech and the initial suspicion of why the person was stopped (weaving, crossing center line, etc) can bring the officer to the point of probable cause to arrest and take them for breathalyser or blood draw with a warrant.

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

magicglock wrote:I'm sure there is a perfectly logical reason a republican is a fault here. I'm sure we failed to provide some kind of tax funded entitlement service that would have prevented it and if that is not the case by all means she should get to work drafting the gonzalez aid for drunks bill.

Come on! Everyone knows it's Bush's fault.

jmra wrote:

magicglock wrote:I'm sure there is a perfectly logical reason a republican is a fault here. I'm sure we failed to provide some kind of tax funded entitlement service that would have prevented it and if that is not the case by all means she should get to work drafting the gonzalez aid for drunks bill.

Come on! Everyone knows it's Bush's fault.

In think in this case it was Busch's fault

I read this and all I can think of is...
The excuses made up after being caught DUI and and what said person says to ..family, friends, employers, judges, jury...

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

I also having had experience (and passing with flying colors, NO BAC at all) roadside, after an accident field sobriety testing.. the culmination of things an officer looks for to determine if PC is there for further investigation or arrest... is quite fair to a sober person, and a great weapon against the drunk.

Keith B wrote:

jmra wrote:Everyone knows it's Bush's fault.

In think in this case it was Busch's fault

[ Image ]

You mean people actually drink that stuff?

JALLEN wrote:

Keith B wrote:

jmra wrote:Everyone knows it's Bush's fault.

In think in this case it was Busch's fault

[ Image ]

You mean people actually drink that stuff?

I used it for beer can chicken once.......... we ended up ordering pizza delivery....

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.

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

I thought the refusal of testing in this type of situation = automatic revocation of your DL?

If they'll drive drunk, they'll drive without a license.

Maxwell 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

I thought the refusal of testing in this type of situation = automatic revocation of your DL?

As i understand it, you can refuse SFST with no infraction of law.

Breath testing AFTER the arrest you can also refuse BUT you get an automatic 6 month suspension of your DL..

Oh and of course, the LEO can always make a request for a blood warrant from a judge, which I understand based on good LEO work, and only asked for with the belief the PC is just... the warrant is much more often given then not. I work on a bike for a local judge... who does blood warrants on special weekends and holidays.. we bull while I work on his bike....

Of course IANAL