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Old 08-29-2002, 12:13 PM
lschloder
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Angry

Drunk Driving


What is the name of your state? pennsylvania
My husband recently got picked up for a DUI with a few other lesser charges. If the information in the probable cause report from the officer contains incorrect information, can the case be dismissed?
We really need some help with this.
One officer told him that he seemed fine and that the field sobriety tests looked fine on the tape ( he showed my husband the tape), the other officer said he failed all of the tests, one of which he wasn't even given.
Is there anything we can do?
  #2  
Old 08-29-2002, 02:03 PM
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Join Date: Jul 2002
Location: Northeastern Pennsylvania
Posts: 759
"Is there anything we can do?"

Yes. To state the ever-so incredibly obvious**************

DO NOT DRIVE DRUNK.

In your current situation (since your husband decided to ignore the obvious above rule), you need to discuss this with your attorney. I assume that the video you refer to is from the officer's dash-mounted camera???

Was a BAC test performed? What was the test (blood or breath)? What was the result?

Basically, field sobriety tests are a tool for officers to determine intoxication level and to show that the defendant was intoxicated to the point of being unable to drive safely. An officer can still arrest based on other probable cause if the defendant passes the tests or refuses them. Believe me, there are many "practiced" drunks....that is, people who are career alcoholics and can do some field sobriety tests while drunk better than I can sober. Most times, I can tell if someone is getting arrested prior to even performing the tests. They only confirm what I already know.....that the driver is drunk.

What's this mean? Well, it means that the officer stating that one type of test was performed when it was not isn't enough to dismiss the case.
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