DUI FST Questions

[uitvlugt]

What is the name of your state? Maryland
Officer 1 (arresting officer)
Officer 2 (other officer)

Like to know if there is any discrepancies with the following

During the FST (11:30 p.m. EDT):

1) Officer 2 was instructing officer 1 on how to do the horizontal gaze nystagmus (HGN) test and what to check for.
HGN was administered to the suspect by officer 2. A bright light was shone in the suspects eyes during this test.

2) Again officer 2 was instructing officer 1 on the walk-and-turn and the stand-on-one-leg tests and what to look for. Secondly both officers were giving the suspect verbal instructions on the walk-and-turn and the stand-on-one-leg tests. These instructions were given at the same time.
Officer 1 told the suspect to start the walk-and-turn test. The suspect started the test, then officer 2 told the suspect to stop doing the test. Officer 2 then went back to the police cruiser, got is camera, placed it on the hood of the cruiser, then tell the suspect to start the test over. The suspect failed the test and was arrested by officer 1.

3) Must the breathalyzer technician gave the suspect a copy of the breathalyzer print out? The suspect claimed he did not get one.

4) Officer 1 wrote and signed all the tickets. He also was the one who read the suspect his rights.
Thanks for your thoughts.What is the name of your state?

[Ohiogal]

My thoughts are that NONE OF THIS is good enough to get you off. You are caught.

[boobio]

yes ohiogal is right...you already gave them too much evidence I am no atty so take it for sure...but you gave them evidence by taken the tests at all...most people completely sober can't pass these tests...it's truly sad but it's truly true, these tests are crap.

but you gave them evidence that most people will (i.e. jury) will believe...so best bet get a good known atty and plea it out. IMO of course.

And no I'm not an expert...but I have seen so much of this it's crazy...

[boobio]

Originally Posted by Curt581

Nonsense.



Really? Then why have courts across the country accepted them as valid? Why are they endorsed and taught by the National Highway Transportation Safety Administration?

You know better than they do, right?



That's because they've been accepted by the courts as valid.

But it's still crap, right?



I agree.



Yet you feel qualified to render an 'expert' opinion.



Busted a few times yourself?

Yes and as usual u are one the jack of all trades being an ass on here... I'm quite sure I said the trolls would come and come...

Yes I know the laws in this area very very well...I write computer software and never studies law...want to step up and see what I know? I know who's fake and who's fraued...who wants to help and who does not....

Clearly you do not!

[Shay-Pari'e]

[quote=boobio;1632366]Yes and as usual u are one the jack of all trades being an ass on here... I'm quite sure I said the trolls would come and come...

Yes I know the laws in this area very very well...I write computer software and never studies law...want to step up and see what I know? I know who's fake and who's fraued...who wants to help and who does not....

Clearly you do not!

Not really,... Anyone else?

[PainInTheRear]

There are some people that could not pass a field sobriety test stone cold sober. That is true. I just took my mother up for cancer treatment yesterday and I really doubt she could pass those "heel to heel" test and the "standing on one heel" and "touching one's nose". I know my father couldn't when he was alive. He had Parkinson’s disease and had terrible balance and he drove until he was eighty years old! He was quite proud of his drivers license too. There are so many elderly people who drive and yet can harldy walk. Yesterday - I saw some pretty old people and sick people up there who can hardly walk - but they get into a car and drive. It isn't nonsense.

[Ohiogal]

And if that is the case there is good reason to dispute the outcome of the FST. However those things would not affect the breathalyzer results.

[PainInTheRear]

Originally Posted by Ohiogal

And if that is the case there is good reason to dispute the outcome of the FST. However those things would not affect the breathalyzer results.

What is FST again?

[moburkes]

Originally Posted by PainInTheRear

What is FST again?

Field sobriety test.

[Bretagne]

OP: your attorney will get a copy of the Intoxylizer report later. The Intoxylizer operator is under no duty to give the suspect a copy, but you have an absolute right to get it from the prosecutor.