Monday , February 17 2020
Home / Tag Archives: Field Sobriety Tests (page 2)

Tag Archives: Field Sobriety Tests

DWIs- Today’s Dangerous Politics

“In politics, stupidity is not a handicap.” -Napoleon Bonaparte Studying history helps to understand how governments utilize federal agencies, police departments, and courts to perpetuate illegal witch hunts for political causes. Let’s look at the 6 million Jews who were killed in Europe by the German government. People forget that it was not renegades who caused the Holocaust but the politicians and the courts. The parallels between the successful government campaigns of the Nazis in World War II and today’s DWI ... Read More »

Roadside Saliva Testing for Marijuana Coming to a State Near You!

It is unlawful in every state in the union to drive under the influence of marijuana.  In many states, merely having the presence of marijuana is enough to be guilty of DUI!  Specifically in Michigan you are guilty of OWI if you have any amount of THC in your blood.  If you have a medical marijuana card, then the prosecutor must still show impairment. Showing impairment is not always easy, and this often leaves the police with a dilemma; do ... Read More »

Florida switches from Frye to Daubert

Beginning July 1, 2013 Florida law changed.  Florida had been using the Frye standard; however, we have now switched to what is known as the Daubert standard.  The Daubert standard comes from the Supreme Court’s 1993 decision in Daubert v. Merrell Dow Pharmaceuticals, Inc. The old standard, Frye, focused on the underlying scientific principles looking to see if they are sufficiently established and have gained general acceptance in their field.  Florida’s new law is found in section 90.702 which was ... Read More »

The Science of Fear & Field Sobriety Tests

Read the Article here! The Science of Fear & field sobriety tests: Fear is not just mental. It is physical and involuntary. It causes one to lose normal mental and physical faculties. The field sobriety tests were developed in a vacuum. The greatest travesty NHTSA perpetuates on our citizenry is the application of these nonscientific tests without any proper scientific consideration to fear. Here is the article I wrote, very relevant for anyone arrested for DWI/DUI. (link above, on tcdla’s ... Read More »

Colorado DUI Enforcement: The Myths Behind the Numbers

Law enforcement officials in Colorado say they made 1,342 DUI arrests between August 16 and September 3 — a time period during which they typically ramp up enforcement efforts in preparation for Labor Day Weekend, reports TheDenverChannel.com. Just to put this in context, because it sounds like a lot, this works out to an annual number of 24,973 arrests.  The 10-year average is usually between 30,000 and 35,000 consistently. 1,300 arrests for 100 agencies over 19 days is two arrests every three ... Read More »

If a police officer says it then it has to be true…right?

Jason Servo, an Oregon police officer who was arrested and subsequently fired for driving under the influence, has filed a $6 million lawsuit against the city of Gresham claiming that his firing violated his rights under the Americans with Disabilities Act.  The lawsuit alleges that Officer Servo was suffering from alcoholism at the time of the incident and should not have been fired as alcoholism is a recognized disability under the act. In January 2011, after enjoying dinner and drinks ... Read More »

Bill to create marijuana BAC equivalent fails in Colorado Senate

As we’ve been reporting on this blog for some time, a proposed bill has been circulating in the Colorado legislature that aimed to establish a legal limit on the nanograms of THC per 100 milliliters of blood that state drivers could register in blood tests given by law enforcement officials.  The bill, formally known as House Bill 13-1114, would have made 5 nanograms of THC per 100 milliliters marijuana’s equivalent of the 0.08 blood alcohol content limit for drivers who are ... Read More »

Algorithms and Infrared Detection of Drunk Drivers

  Liat Clark, a reporter for WIRED.CO.UK, wrote on  September 4, 2012 that two computer scientists have published a paper explaining that the use of two separate algorithms used in conjunction with thermal imaging may be used in the future to scan for potential drunk drivers. Georgia Koukiou and Vassilis Anastassopoulos of the University of Patras in Greece authored a paper published in the International Journal of Electronic Security and Digital Forensics.  The theory is based on the fact that alcohol ... Read More »

How “Expert” Are Cops at Detecting Alcohol Impairment?

The drunk driving case rests heavily upon the subjective opinions of the arresting officer — the abilities of that officer to correctly assess DUI symptoms of intoxication: observations of driving, personal symptoms (slurred speech, flushed face, etc.), answers to questions, performance on field sobriety tests. It is his DUI report (and his opinion in that report) which will largely determine what, if any, criminal charges will be filed by the prosecutor; his decision which will or will not result in ... Read More »

Are Field Sobriety Tests Designed to be Failed?

Roadside field sobriety tests (“FSTs”) are commonly used by police officers in DUI investigations to determine whether a driver is under the influence of alcohol. Typically, they consist of a battery of 3-5 exercises, such as walk-and turn, one-leg stand, “nystagmus” (“follow the pencil with your eyes”), finger-to-nose, alphabet recitation, “Rohmberg” (eyes-closed-position-of-attention), etc. The officer may subjectively decide whether the individual “failed”, or he may decide after applying recent federal “standardized” scoring. These DUI tests have an aura of scientific ... Read More »