Did Trooper Not Follow Proper Procedure???

[DpsNTxSux]

I live in Texas and got pulled over the other day. The trooper asked to search my car and I complied. Before I could get out of the car he saw a twelve pack I had just bought, asked me if i had been drinking I said yes, I had three beers in between 5:00 & 9:30. He asked to do a field sobriety test on me, I complied. When he told me to watch his finger he took it from the middle of my face to as high as he could reach in one motion " extremely FAST". He told me to not move my head but I've had a few of these tests, and that never happened. Other cops move the finger at a reasonable pace. CAN COPS INTENTIONALLY TRY TO TRICK YOU? I passed the walking and stuff, but refused breath and blood because he was taking me to jail on a D.W.L.I any way. I do know this cop, and he should not have a badge. He's also a ROOKIE.

Thanks, anyone who has info please help!

[FlyingRon]

I fail to see any issue with proper procedure nor trickery.
You were intoxicated.
If you weren't you gave up the chance to provide compelling evidence that you weren't.

You need a lawyer.

[cyjeff]

I would also recommend against the "I have had MANY field sobriety tests and this one wasn't done right" defense.

[CdwJava]

If he raised his finger up, as opposed to moving it from side to side, then either (a) the officer did not know what he was doing, or, (b) he was evaluating you for drugs. This is known as the VGN, or Vertical Gaze Nystagmus test, and it is used to evaluate certain drugs. It generally won't be presence in most alcohol cases unless the person is really, really ripped.

- Carl

[CdwJava]

Originally Posted by cyjeff

I would also recommend against the "I have had MANY field sobriety tests and this one wasn't done right" defense.

That would be good! Great way to impress a jury with one's qualifications!

- Carl

[cyjeff]

Originally Posted by CdwJava

That would be good! Great way to impress a jury with one's qualifications!

- Carl

Ya know, sometimes it seems like these folks really don't think through how a judge will hear what they want to say.

[tranquility]

And, as to the speed, it depends on the skill of the administrator. When my wife was being seen by a neurosurgeon for brain tumors, he performed the test in a second or two. But, he did it every day dozens of times a day. When I was a cop, I did it much slower and had to pay great attention to it.

I bet the difference is that the one who did the test was on a drunk driving detail and was performing the test a lot.

[DpsNTxSux]

Texas goes by th NHSTA manual and it says that the HGN and VGN must be administered in the same manner. The two tests were FAR from being administered the same. He gave me the VGN at super speed, then the HGN at a speed I would consider normal. Theres no slip up in procedure there?

[tranquility]

If you got an expert to testify the test was improperly performed, you might get it to be inadmissible. If the absence of that test would lead a reasonable person to find you were not guilty of the crime, then you would be found not guilty.

More likely your attorney will try to say the cop was incompetent and all his tests were performed improperly.

Good luck.

[CdwJava]

Originally Posted by DpsNTxSux

Texas goes by th NHSTA manual and it says that the HGN and VGN must be administered in the same manner. The two tests were FAR from being administered the same. He gave me the VGN at super speed, then the HGN at a speed I would consider normal. Theres no slip up in procedure there?

And what speed do you consider "normal"?

Also, as I stated previously, the VGN is no a good test for alcohol and is not taught as part of the SFST for alcohol as it is generally used as a drug screening test. The HGN (Horizontal Gaze Nystagmus) is the one used for alcohol.

If the officer arrested you SOLELY based upon the results of a VGN test, then your attorney will likely have an easy time getting the test tossed. However, I strongly suspect that will not be his sole cause for the arrest.

So, you do realize that by refusing the test you will lose your license, right? Even if the DA does not file on the DUI it is very likely that the refusal will cause your license to be suspended anyway.

- Carl

[DpsNTxSux]

I consider normal like i've been administered in the past, and how you see it done on cops. No b.s. this guy did the two tests totally different. I didnt know there was even such a thing as VGN or HGN at the time, but the next day when I called my lawer thats the first thing we discussed. Something else this trooper is kind of the talk of the town, nobody can believe he got a gun from the state. Originally I was also charged with terroristic threats of a public servant too. When I went in front of the judge for bail to be set he looked at my charges, shook his head and threw out the t.threats. The only thing I can figure is they talk about him also. With an incompitant cop on the stand, couldnt a good lawer pick him apart?

I can deal with no liscense, not fond of getting locked up though.

Thanks for your input. I appreciate more than you know!

[CdwJava]

If he's incompetent and inarticulate, a good lawyer could probably take him apart on the stand, sure.

- Carl

[paguy88]

My question for you if you don't mind.

is if you refused the BLood and Breat test.

why even do the FST?

makes no sense. Just refuse everything then.