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RFI during BAC Test

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CdwJava

Senior Member
RFI = Radio Frequency Interference.

It plays no part if the machine is properly shielded and tested. Most all the modern machines will be entirely unaffected by this unless the device is held at the base of a commercial broadcast tower. Plus, many of the devices these days will display a warning if RFI is detected.

- Carl
 

AvianeJ

Junior Member
Thank You in the report they stated there was RFI.
I did not know if that makes a difference.
 
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CdwJava

Senior Member
RFI can skew the results of a breath test ... maybe. How much, in what manner, and whether it did in your case is something only an expert on the specific device can testify to. If that will be your defense, expect to have to pay for an expert to come testify. However, MAYBE the DA will drop the test ... but, if he still has observed impairment and poor FSTs you can still be prosecuted for DUI.

- Carl
 

AvianeJ

Junior Member
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.
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. :mad:
 

CdwJava

Senior Member
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.
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.

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. :mad:
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
 

AvianeJ

Junior Member
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
They searched my truck prior to me being placed under arrest.

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? 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 :confused: :confused: :confused:
 

justalayman

Senior Member
did they find anything inthe search that is being used as evidence against you? If not, then you have not been harmed by the search. If something is being used agaisnt you, your attorney may be able to fight it but the prosecution could defend with the fact that you were arrested not for what was found but other charges and they would have been able to search the purse and car anyway.


btw, I have seen eyes that appeared to be different colors depending upon the light source illuminating the area
 

CdwJava

Senior Member
They searched my truck prior to me being placed under arrest.
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.

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?
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.

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 :confused: :confused: :confused:
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.

- Carl
 

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