If you were arrested for DUI they can search you and your possessions, and they can search your car prior to impound. Nothing untoward about the search in that case.I did poorly on the FST, I am disabled and when they searched my vehicle without my consent they saw the disabled parking placard and cane and when they searched my purse without consent I am sure they saw the registration from the DMV for the Placard and the letter that accompanies it from my doctor.
I have to tell you that a LOT of people CLAIM some form of disability prior to the test. Unless a doctor comes in and testifies that your disability prevents you from standing steady, walking a straight line, or standing on one leg, the disability may be of little use. It also depends on which tests were performed. If they were the standardized field sobriety tests, the nystagmus test (involving the eyes) would have been sufficient to provide some good cause for a DUI arrest and that test should be wholly unaffected by your disability.The officer mentioned I complained of back and neck problems but left out the fact all the above was know prior to the test and during the test I again reminded them that I am disabled.
They searched my truck prior to me being placed under arrest.If you were arrested for DUI they can search you and your possessions, and they can search your car prior to impound. Nothing untoward about the search in that case.
If you did poorly on the FSTs, then your attorney can try and connect your disability to the FST performance. If the RFI becomes a non-issue, then you'll still have to fight the BAC as well.
I have to tell you that a LOT of people CLAIM some form of disability prior to the test. Unless a doctor comes in and testifies that your disability prevents you from standing steady, walking a straight line, or standing on one leg, the disability may be of little use. It also depends on which tests were performed. If they were the standardized field sobriety tests, the nystagmus test (involving the eyes) would have been sufficient to provide some good cause for a DUI arrest and that test should be wholly unaffected by your disability.
- Carl
Odd. If anything in the truck is used against you in court, the officers will be required to support their search with good cause. if nothing is being used against you, you may have little or no recourse.They searched my truck prior to me being placed under arrest.
He wrote down what color he thought your eyes were, not what your license said. Appearances change all the time. A good officer will not simply regurgitate the license ... hair color and weights can change frequently, and even eye color can appear different. My eyes are blue, but to many they appear hazel - it all depends on lighting and other factors. The color discrepency will not be an issue in your defense.Considering the officer stated that my eyes are green and they are brown (says so right on my DL) I wonder what he was under the influence of?
The nystagmus test has NOTHING to do with eye color. It has to do with involuntary movements of the eye. If he has the proper training and observed clues in your tracking and deviation consistent with clues of impairment, that can be used against you.He did give me the eye test but how can you give someone an eye test fail them and then state the wrong eye color and hair color