Santa Monica Cops - Purposely did not video Sobriety Test - DUI

[Caligirl45]

Hello Everyone,

I am a 40-something professional female who has never had a moving/traffic/accident/DUI violation on my DMV record. I was stopped June 2009 at 12:30am in Santa Monica, CA. Cops video taped me making left on Ocean Blvd leaving a Hotel. They continued to follow me for about 3 to 4 blocks. As I made a left turn after traffic on yellow, cops ran red light and continued to follow. I made a right on red. I paused, but did not make a complete stop. They turned on the lights and stopped me. After questioning me and getting the necessary proof of license, registration, insurance, I was asked to step out the car and take a field sobriety test. I proceeded to the sidewalk on Main Street. I took off my high heels. After this, the officer ask me to walk near his car. This is all on camera. I performed the FST with no problem. Oh yes, one of the cops appear to be getting training that night. Anyway, I refuse the breathalyzer. I was arrested. I refused all test once in jail.

Upon receiving my police report, I noticed a bunch of lies. First, they wrote when I pulled out of the hotel parking lot, I made an unsafe turn. When he stopped me he said I made an illegal turn. He also said he had to brake to avoid colliding with my vehicle when I exited hotel. This never happened.

I viewed the video tape this week, and my driving was excellent. The video proves there was never a near collision. I did make a california roll on red 3 to 4 blocks down the road.

The police report also said I was staggering, using my hands for balance, basically, they said I failed all test. The situation is, they took me out of the video tape view.

The bottom line is the video shows I drove safely, using signals when turning, drove speed limit, etc. When I exited my car, I was walking perfectly fine.

I refused all test because I did not trust the cops or the test they were performing. The video tapes totally disputes there report from the beginning. I did not make an unsafe left turn. There was never a near car collision. They were at a good distance when I exited hotel, and the video shows they never had to brake to avoid colliding with my car. The 3 to 4 blocks they followed me, my driving was perfect. They claim I failed all test, that they conveniently placed me out of the video camera view. I told the officer I had 2 drinks within a 4 hour period, which is in the report. Oh yes, my girlfriend was in the car with me to verify everything as my witness.

Why would the cops not video tape the sobriety test? Is this a major mistake on their part?

Any advice/opinion would be greatly appreciated.

[Antigone*of*Greece]

Originally Posted by Caligirl45

Hello Everyone,

I am a 40-something professional female who has never had a moving/traffic/accident/DUI violation on my DMV record. I was stopped June 2009 at 12:30am in Santa Monica, CA. Cops video taped me making left on Ocean Blvd leaving the Viceroy Hotel. They continued to follow me for about 3 to 4 blocks. As I made a left turn after traffic on yellow, cops ran red light and continued to follow. I made a right on red. I paused, but did not make a complete stop. They turned on the lights and stopped me. After questioning me and getting the necessary proof of license, registration, insurance, I was asked to step out the car and take a field sobriety test. I proceeded to the sidewalk on Main Street. I took off my high heels. After this, the officer ask me to walk near his car. This is all on camera. I performed the FBT with no problem. Oh yes, one of the cops appear to be getting training that night. Anyway, I refuse the breathalyzer. I was arrested. I refused all test once in jail.

Upon receiving my police report, I noticed a bunch of lies. First, they wrote when I pulled out of the hotel parking lot, I made an unsafe turn. When he stopped me he said I made an illegal turn. He also said he had to brake to avoid colliding with my vehicle when I exited hotel. This never happened.

I viewed the video tape this week, and my driving was excellent. The video proves there was never a near collision. I did make a california roll on red 3 to 4 blocks down the road.

The police report also said I was staggering, using my hands for balance, basically, they said I failed all test. The situation is, they took me out of the video tape view.

The bottom line is the video shows I drove safely, using signals when turning, drove speed limit, etc. When I exited my car, I was walking perfectly fine.

My question is, what are the changes of beating this case?

I refused all test because I did not trust the cops or the test they were performing. The video tapes totally disputes there report from the beginning. I did not make an unsafe left turn. There was never a near car collision. They were at a good distance when I exited hotel, and the video shows they never had to brake to avoid colliding with my car. The 3 to 4 blocks they followed me, my driving was perfect. They claim I failed all test, that they conveniently placed me out of the video camera view. I told the officer I had 2 drinks within a 4 hour period, which is in the report. Oh yes, my girlfriend was in the car with me to verify everything as my witness.

Why would the cops not video tape the sobriety test? Is this a major mistake on their part?

Any advice/opinion would be greatly appreciated.

I don't see this as a mistake on their part. There is no statute that mandates that a sobriety test to be video taped. You really made a huge mistake refusing to take the tests. You will need an attorney's help if you plan on pleading not guilty.

[IsabellaSoriano]

nope. you got yourself a DUI. california rolls are still not legal. so he had probable cause to pull you over.

and you did admit to drinking. and it shows you were driving. that right there....didn't help you.

so now, the officer doesn't need any more from you. what you think constitutes as a pass on a sobriety test, isn't all necessarily true. sorry about that.....

tab bit confused....you said

I performed the FBT with no problem.

then said

Anyway, I refuse the breathalyzer

which is it?

what did the report say your blood alcohol level was?

[dave33]

The fact that you got the report and saw the video tape would strongly suggest you have a lawyer working on this already.correct? I would not say not having you on camera was a major mistake. It could have very well been done on purpose to fabricate a report if necessary. Sounds like they had p.c. to arrest you after you declined the breath test. I would say your best bet would be to fight the charge on the merits of the stop. Although you did not stop completely at the light,if the rest of the tape proves the officer's statement false than you may have a chance at a dismissal. At this point it all comes down to how much money can you afford to give a lawyer and what are you willing to risk. goodluck.

[paguy88]

Originally Posted by Caligirl45

Hello Everyone,

I am a 40-something professional female who has never had a moving/traffic/accident/DUI violation on my DMV record. I was stopped June 2009 at 12:30am in Santa Monica, CA. Cops video taped me making left on Ocean Blvd leaving the Viceroy Hotel. They continued to follow me for about 3 to 4 blocks. As I made a left turn after traffic on yellow, cops ran red light and continued to follow. I made a right on red. I paused, but did not make a complete stop. They turned on the lights and stopped me. After questioning me and getting the necessary proof of license, registration, insurance, I was asked to step out the car and take a field sobriety test. I proceeded to the sidewalk on Main Street. I took off my high heels. After this, the officer ask me to walk near his car. This is all on camera. I performed the FBT with no problem. Oh yes, one of the cops appear to be getting training that night. Anyway, I refuse the breathalyzer. I was arrested. I refused all test once in jail.

Upon receiving my police report, I noticed a bunch of lies. First, they wrote when I pulled out of the hotel parking lot, I made an unsafe turn. When he stopped me he said I made an illegal turn. He also said he had to brake to avoid colliding with my vehicle when I exited hotel. This never happened.

I viewed the video tape this week, and my driving was excellent. The video proves there was never a near collision. I did make a california roll on red 3 to 4 blocks down the road.

The police report also said I was staggering, using my hands for balance, basically, they said I failed all test. The situation is, they took me out of the video tape view.

The bottom line is the video shows I drove safely, using signals when turning, drove speed limit, etc. When I exited my car, I was walking perfectly fine.

My question is, what are the changes of beating this case?

I refused all test because I did not trust the cops or the test they were performing. The video tapes totally disputes there report from the beginning. I did not make an unsafe left turn. There was never a near car collision. They were at a good distance when I exited hotel, and the video shows they never had to brake to avoid colliding with my car. The 3 to 4 blocks they followed me, my driving was perfect. They claim I failed all test, that they conveniently placed me out of the video camera view. I told the officer I had 2 drinks within a 4 hour period, which is in the report. Oh yes, my girlfriend was in the car with me to verify everything as my witness.

Why would the cops not video tape the sobriety test? Is this a major mistake on their part?

Any advice/opinion would be greatly appreciated.

I have no idea with out seeing the viedo tape what happned. I will take your word for it. however your version of pass is not the same as the cop.. We have a poilce man on this site that can further explain what you think is pass fail vs what the cops are actually looking for...you say 2 drinks over 4 hours? what where the drinks? Beers? forgign or domestic? Alocholic type drink? what was it? what % of Alchaol was in the drink? also how many onunces did you drink? how much do you weight? it is possible to have "only 2" why does everyone say only 2 anyway? in 4 hrs and be drunk. far more goes in to figuring out what your BAC is then you just had 2 drinks..



Actually you are not required to take the FST none of them including the hand held device at road side. COps won't tell you this but you do not have to.

As for when you got back to the station.. the refusal for whatever as commanded of you bloood breath ect no matter if this charge is dropped for whatever reason or if you beat it a trial.. you will be losing you DL for whatever Cali's penalties are from the DMV for a refusal.

[CdwJava]

Originally Posted by Caligirl45

I made a right on red. I paused, but did not make a complete stop.

There is there reasonable suspicion to make the stop. And if they have that on tape, they have proof of this.

I performed the FBT with no problem.

What is an "FBT"? Do you mean FST? Field Sobriety Test?

What makes you think you had no problem? Nine out of ten DUI arrests I have made probably think the same thing when in reality, this is not true. The worst person to evaluate their performance on the tests is an inebriated driver with no knowledge of what the officers are looking for in the test.

I was arrested. I refused all test once in jail.

Say goodbye to your driver's license. PLUS, your refusal can be used against you at trial as consciousness of guilt.

Upon receiving my police report, I noticed a bunch of lies. First, they wrote when I pulled out of the hotel parking lot, I made an unsafe turn.

How is that "a lie?" He thinks you made an unsafe turn. It can be subjective. Since he did not STOP you for that, he really does not have to articulate why it was unsafe.

When he stopped me he said I made an illegal turn.

You did. You failed to come to a complete stop prior to making the turn - a violation of CVC 21453(a) which requires you stop at or before the limit line. Rolling through is NOT the legal requirement.

He also said he had to brake to avoid colliding with my vehicle when I exited hotel. This never happened.

Apparently the officer believed it did.

The bottom line is the video shows I drove safely, using signals when turning, drove speed limit, etc. When I exited my car, I was walking perfectly fine.

Great. Your attorney can bring that up at trial.

My question is, what are the changes of beating this case?

The chances are ... well, to paraphrase a retired poster here, "fifty-fifty ... more or less."

In truth, no one can say what your chances are. A lot will depend on the training and experience of the officer, and the ability of your attorney to capitalize on those things you claim are positive with a jury.

I refused all test because I did not trust the cops or the test they were performing.

Fine and dandy. But, the DMV won't care. You can kiss that license goodbye for up to a year. Even if you manage to win the DUI case, that refusal almost certainly just cost you your driving privilege.

Why would the cops not video tape the sobriety test? Is this a major mistake on their part?

It does not HELP their case, but i may not hurt it either. I am sure your attorney will raise that when the officer testifies, but I can think of a number of reasons ... perhaps there was no good area in view of the camera on the sidewalk? Having you do the tests between the two cars is HUGE safety no-no, and doing it on the street where there is traffic is also a no-no. There may not have been a good place to do them where the officer might both be safe from traffic, be able to watch your car and your passenger in safety, and supervise you in the FSTs. In any event, if the officer comes up with a plausible explanation (and I expect he will) your being out of view of the tape may not be that bad.

Also, the jury is going to wonder that if you really had only two drinks in four hours why you did no take the test? The ol' "I didn't trust the cops" argument is not likely to fly and will likely make it look like you have something to hide.

Your best bet is to hire an attorney that specializes in DUI defense. I understand these come in at the LOW side of about $7,500 if they go to trial.

- Carl

[paguy88]

Originally Posted by IsabellaSoriano

nope. you got yourself a DUI. california rolls are still not legal. so he had probable cause to pull you over.

and you did admit to drinking. and it shows you were driving. that right there....didn't help you.

so now, the officer doesn't need any more from you. what you think constitutes as a pass on a sobriety test, isn't all necessarily true. sorry about that.....

tab bit confused....you said



then said



which is it?

what did the report say your blood alcohol level was?

i think she means refused the roadside portable device...

then refused one of the tests Blood or breath later..

I think

[CdwJava]

Originally Posted by paguy88

i think she means refused the roadside portable device...

then refused one of the tests Blood or breath later..

I think

I am thinking she meant FST instead of FBT, and that all the chemical tests were later refused.

- Carl

[Adalaide78]

I will forever be baffled by people who refuse to take a breath or blood test. If you aren't impaired then you have nothing to hide and nothing to fear from the tests. Refusing them just makes you look guilty, obviously you have something to hide.

[lenny71]

Originally Posted by Adalaide78

I will forever be baffled by people who refuse to take a breath or blood test. If you aren't impaired then you have nothing to hide and nothing to fear from the tests. Refusing them just makes you look guilty, obviously you have something to hide.

Looking guilty is not a crime. It is up to the PA to provide as much evidence as possible to prove your guilt. It is all about the amount of evidence. From the moment you are pulled over the officers are collecting evidence to help the prosecution.

from an evidence gathering perspective:

If you have had one drop of alcohol never take the FST or PBT. Do not talk to the officer other then to give name and basic info. Do not answer questions about alcohol usage.

Depending on the jurisdiction. If you have good reason to believe that the blood or breath test at the station may be damning - don't take it. You will lose your license, but maybe not the court case. A high BAC on a blood test will greatly hinder your ability to defend yourself in court. There are many jurisdictions that will take a blood test without your consent, if you live in one of these this advice does not apply.

These are your rights. They are yours because yoiu live in the United States. There is nothing wrong or shady about invoking them.

[Zigner]

Originally Posted by lenny71

Looking guilty is not a crime. It is up to the PA to provide as much evidence as possible to prove your guilt. It is all about the amount of evidence. From the moment you are pulled over the officers are collecting evidence to help the prosecution.

from an evidence gathering perspective:

If you have had one drop of alcohol never take the FST or PBT. Do not talk to the officer other then to give name and basic info. Do not answer questions about alcohol usage.

Depending on the jurisdiction. If you have good reason to believe that the blood or breath test at the station may be damning - don't take it. You will lose your license, but maybe not the court case. A high BAC on a blood test will greatly hinder your ability to defend yourself in court. There are many jurisdictions that will take a blood test without your consent, if you live in one of these this advice does not apply.

These are your rights. They are yours because yoiu live in the United States. There is nothing wrong or shady about invoking them.

Too bad you know nothing about California law on this subject.

[Caligirl45]

Originally Posted by isabellasoriano

nope. You got yourself a dui. California rolls are still not legal. So he had probable cause to pull you over.

i am not disputing the probably cause for the stop.

and you did admit to drinking. And it shows you were driving. That right there....didn't help you.

since when is it illegal to drink and drive. My interpretaion is - it is illegal to drive over the limit.

so now, the officer doesn't need any more from you. What you think constitutes as a pass on a sobriety test, isn't all necessarily true. Sorry about that.....

Tab bit confused....you said

then said

which is it?

What did the report say your blood alcohol level was?

i refused both breath and blood test.

[Caligirl45]

Originally Posted by dave33

The fact that you got the report and saw the video tape would strongly suggest you have a lawyer working on this already.correct? I would not say not having you on camera was a major mistake. It could have very well been done on purpose to fabricate a report if necessary.

EXACTLY MY POINT.

Sounds like they had p.c. to arrest you after you declined the breath test. I would say your best bet would be to fight the charge on the merits of the stop. Although you did not stop completely at the light,if the rest of the tape proves the officer's statement false than you may have a chance at a dismissal.

MY PD ALSO MENTIONED THIS TO ME. SHE SAID THEY MAY ALSO OFFER A PLEA.

At this point it all comes down to how much money can you afford to give a lawyer and what are you willing to risk. goodluck.

\\\\\\\\\\\\\\\

[Caligirl45]

Originally Posted by paguy88

I have no idea with out seeing the viedo tape what happned. I will take your word for it. however your version of pass is not the same as the cop.. We have a poilce man on this site that can further explain what you think is pass fail vs what the cops are actually looking for...you say 2 drinks over 4 hours? what where the drinks? Beers? forgign or domestic? Alocholic type drink? what was it? what % of Alchaol was in the drink? also how many onunces did you drink?

I HAD 1 WHITE WINE, AND 1 VODKA TONIC. how much do you weight?

5'7, 130 POUNDS.

it is possible to have "only 2" why does everyone say only 2 anyway? in 4 hrs and be drunk.

NOT SURE WHERE YOU LIVE, BUT THE AVERAGE ****TAIL IN LOS ANGELES IS $16.00. VALET $15.00 TO $20.00. AFTER TIPPING, THE NIGHT CAN BE QUITE EXPENSIVE.

far more goes in to figuring out what your BAC is then you just had 2 drinks..


Actually you are not required to take the FST none of them including the hand held device at road side. COps won't tell you this but you do not have to.

As for when you got back to the station.. the refusal for whatever as commanded of you bloood breath ect no matter if this charge is dropped for whatever reason or if you beat it a trial.. you will be losing you DL for whatever Cali's penalties are from the DMV for a refusal.

\\\\\\\\\\\\\\

[IsabellaSoriano]

Originally Posted by Caligirl45

i refused both breath and blood test.

OoOO honey. your interpetation is wrong. i used to think that too. until i took the required DUI classes. yep....you made a driving mistake after drinking. that's the problem. you could have made the same exact driving mistake while sober. you would have gotten a simple citation.

good grief...where are you parking? i used to drink it up at the Broadway Deli on the promenade...they have the BEST chocolate chip chunk cookies there!!