Field sobriety test question

[VUPDblue]

Please tell me you meant .16%. The highest ever recorded was 1.4% a d it is generally thought that above .9% is not survivable.

 

[KellyinAvon]

[video=youtube;cLB7l3quuYU]https://www.youtube.com/watch?v=cLB7l3quuYU[/video]

 

[Reverend Dreed]

I have question for one of our resident LEO's. When the drunk teenagers drove into my house, all three were given a breath test, officers on scene confirmed to me that they failed. 9 days later when we got a copy of the report they did not include the breath test results or our witness's statement. Is this normal or is it just because the kids were from very wealth families?

 

[femurphy77]

I have question for one of our resident LEO's. When the drunk teenagers drove into my house, all three were given a breath test, officers on scene confirmed to me that they failed. 9 days later when we got a copy of the report they did not include the breath test results or our witness's statement. Is this normal or is it just because the kids were from very wealth families?

I'm shocked! Shocked I tell you to find out you think this way!



Insert long list of wealthy people and celebrities getting away with, yes, even murder here:

 

[Reverend Dreed]

about 25 k in damage

It appears as if the kids will get off and I will be stuck with the repair bill.

 

[gmcttr]

... It appears as if the kids will get off and I will be stuck with the repair bill.

Shouldn't the vehicle owner's insurance cover the damage whether the driver was impaired or not???

 

[Reverend Dreed]

We were informed by the 3 sheriffs deputy's on scene that the ins. card was expired thus we contacted our homeowners ins. Turns out there was ins. but not enough to cover the damage done.
we have hired an attorney but are going to be in a legal battle for over a year, in the meantime I will have to fund the repairs myself, and everyone knows who wins in court, the one with the most money.

 

[VUPDblue]

I have question for one of our resident LEO's. When the drunk teenagers drove into my house, all three were given a breath test, officers on scene confirmed to me that they failed. 9 days later when we got a copy of the report they did not include the breath test results or our witness's statement. Is this normal or is it just because the kids were from very wealth families?

Portable Breath Tests (PBTs) are not generally admissible in court and are generally not mentioned in police reports. Also, and I don’t know the facts of your case, there may have been some question as to who was actually driving.

 

[thunderchicken]

If a person feels they are incapable of performing the WAT, stand on one foot tests.. is it acceptable/wise to first advise the officer that you are sober and may not be able to perform the test? Also, is it acceptable for a person to just request a chemical test?
If pulled over and taken for a chemical test, will the individuals vehicle automatically be towed? If he/she passes the chemical test will they still be on the hook for the tow fee to auto return?
I'd rather do the fog & pony show on the side of the road than have my ride towed and then have to pay fees to get it back...and if I do pass a chemical test do I have to find a ride from the test site or?? What should be expected

 

[Reverend Dreed]

all three occupants of the vehicle denied driving, how in the heck did it get under my deck? I suppose my house was running out in front of them and I am at fault. At least that is what is implied by the responding officers statements.

 

[Kutnupe14]

For SFST's to be valid, these instructions need to be followed and the tests given in this same order.

Horizontal Gaze Nystagmus Instructions (HGN)
1. I am going to check your eyes. (Please remove your glasses)
2. Keep your head still and follow the stimulus with your eyes only. 3. Do not move your head. 4. Do you understand the instructions?


Walk and Turn Instructions (WAT)
1. Put your left foot on the line and put your right foot in front of it with your right heel touching
your left toe. Keep your hands at your side. (Demonstrate)
2. Do not start until I tell you to. 3. Do you understand the directions?
4. When I tell you to begin, take nine heel to toe steps on the line, turn around keeping one foot
on the line, and return nine heel to toe steps. (Demonstrate heel-to-toe; three steps is
sufficient)
5. On the ninth step, keep the front foot on the line and turn by taking several small steps with
the other foot. (Demonstrate turn)
6. While walking, watch your feet at all times, keep arms at side, count steps out loud. Once you
begin, do not stop until test is completed. 7. Do you understand the instructions?
8. You may begin the test.

One-leg Stand Instructions (OLS)
1. Stand with your heels together and your arms at your side. (Demonstrate)
2. Do not begin until I tell you to. 3. Do you understand?
4. When I tell you, I want you to raise one leg, either leg, approximately six inches off the
ground, foot pointed out. Keep both legs straight and keep your eyes on the elevated foot. 5. While holding that position, count out loud; one thousand and one, one thousand and two, one
thousand and three, and so forth until told to stop. (Demonstrate raised leg and count)
6. Do you understand the instructions?
7. You may begin the test.


Standardized FST Clues


Horizontal Gaze Nystagmus (HGN);
Six clues, three for each eye. There are no specific
clues for vertical nystagmus.
Clues:
1. Lack of smooth pursuit
2. Distinct nystagmus and maximum deviation
3. Angle of onset prior to 45 degrees



Walk and Turn (WAT); (8 total clues, 2 in instruction phase, 6 in walking phase). Clues:
Instruction phase:
1. Cannot keep balance
2. Starts to soon
Walking Phase:
3. Stops while walking
4. Misses heel to toe
5. Steps off line
6. Uses arms to balance
7. Improper turn
8. Wrong number of steps


One leg stand (OLS); (Four clues).
1. Swaying
2. Uses arms to balance
3. Hopping
4. Puts foot down

No pre-exits? Just straight to business eh?

 

[hoosierdoc]

Please tell me you meant .16%. The highest ever recorded was 1.4% a d it is generally thought that above .9% is not survivable.

My partner recently had a 730, was comatose and intubated upon arrival. At some point you have to just chug because you won’t have the capacity to drink more to get higher.

i was given a patient in turnover who had a BAC of 475. He wanted help with drinking but our crisis team won’t see people until under 200. So we set a timer and repeated alcohol level 12 hours later. It went down to 450

had a nearly empty bottle of vodka in bed with him

 

[VUPDblue]

all three occupants of the vehicle denied driving, how in the heck did it get under my deck? I suppose my house was running out in front of them and I am at fault. At least that is what is implied by the responding officers statements.

Obviously one of them was driving but proving which one is probably harder than you think.

 

[CPT Nervous]

Please tell me you meant .16%. The highest ever recorded was 1.4% a d it is generally thought that above .9% is not survivable.

Whoops. Yes, .16%.

 

[actaeon277]

We were informed by the 3 sheriffs deputy's on scene that the ins. card was expired thus we contacted our homeowners ins. Turns out there was ins. but not enough to cover the damage done.
we have hired an attorney but are going to be in a legal battle for over a year, in the meantime I will have to fund the repairs myself, and everyone knows who wins in court, the one with the most money.

Not sure why you'd pay anything more than a deductible.
Homeowners insurance should cover it.
They have a choice about going after the teens for compensation.

If you don't have insurance, well then, I guess you're paying.

Unless you have a picture or camera footage of who's driving.

 

[KokomoDave]

Does not take into factor if Mickey Mouse is a dog or a cat?

"Last test to do is put your hands behind your back and bend forward at the waist. Thank you for your cooperation. "

 

[churchmouse]

I agree. I have issues with balance at times and I have not had a drop in 4 years.Just put the PBT in my mouth so I can go home please.

 

[Denny347]

If a person feels they are incapable of performing the WAT, stand on one foot tests.. is it acceptable/wise to first advise the officer that you are sober and may not be able to perform the test? Also, is it acceptable for a person to just request a chemical test?
If pulled over and taken for a chemical test, will the individuals vehicle automatically be towed? If he/she passes the chemical test will they still be on the hook for the tow fee to auto return?
I'd rather do the fog & pony show on the side of the road than have my ride towed and then have to pay fees to get it back...and if I do pass a chemical test do I have to find a ride from the test site or?? What should be expected

I have driving behavior, initial observations when making contact with driver, behavior on exiting the vehicle, and HGN clues. I should know pretty well what I'm dealing with by the time we get to the WaT and the one-leg stand. If you are stone sober I will know in the HGN. If I read you Implied Consent and take you off-site for the certified chemical test, then yeah, the car is getting towed. The first 4 words in Indiana Implied Consent reads, "I have Probable Cause". Thus having PC means that they typically go to jail with or without the test. There are two dui related charges, the Operating While Intoxicated and then the per se alcohol charge where a BAC is required. The operating charge needs to BAC, driving behavior, officer observations, etc, are PC for that. I've made many arrests based on driving behavior, officer observations and that's it.

 

[Leadeye]

One of the things I have never understood about drunk driving is the crash survive-ability factor. People who have limited or no injuries in horrific crashes while really drunk.

 

[Denny347]

One of the things I have never understood about drunk driving is the crash survive-ability factor. People who have limited or no injuries in horrific crashes while really drunk.

Because they don't tense up prior to the crash. They stay loose and roll with the punches.