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civil rights violated by officer

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over70

Guest
my mother was 69 yoa, now 70 when she was stopped by the sheriffs office. they were on what i call a sting for that location, everyone else knew about it but her it seems as the normally busy hwy was all but deserted. she was tailgated till she swerved more by intimidation than anything else. he asked her to take the FST and she tried. this test is Not recommended for anyone 62 and over as it is barely physically possible for younger people. she did not know this that there were alternatives for those over 62 which she was. she also had a long standing foot problem she informed the officer which he ignored stating that if she sais she'll try so be it. the alternate test which are viable test for those under the influence was neither offered to her or given. they used the film of the test court to show the jury she failed the walk test, so they used this prejudiced tape against her and to charge her with dui. her blow was .08/.07 which is borderline at best and with the + & - of the test puts her squarely in the sober category. Whithout giving her tests suited for her age and physical condition she should be compensated for this discrimination and have the charges dropped. the trial ended in mistrial after the jury asked the judge while in deliberations if the alternate tests were viable. the judge said he wasn't allowed by law to discuss that or answer, they had to rely on their notes and memories. hung jury. my mom is going broke to prove her innonce. where is the presumption of innocence? anyway i want to help her settle this once and for all. can i write the judge as a new trial date is set for 7/30 this year and this is going to break her menallly and physically. she had since had the much needed operation and is recouperating please please help!!!!

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lkn
 


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lawrat

Guest
I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

Okay, bottom line, your mother WAS drinking. She is not the entire innocent one as you are making her out to be. Did you know alcohol tends to affect older people much more quickly and seriously than younger individuals.

If you feel she did not get a fair shake and/or was mistreated, then ASAP contact your STATE BAR ASSOCIATION and ask for an attorney referral. An attorney wise in Elder Law perhaps may be helpful to you.

Hope this helps.

 
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over70

Guest
thank you Lawrat for responding so quickly. My intentions were not to make her out to be an innocent, but surely available to a fair opportunity to prove the state of influance she may or may not have been in. True i am biased, but i know when i saw her that night and talked to her on the phone only one hour later, she was very cognicent and aware of every detail of the night. we are presumed innocent until proven guilty. this unpopular charge of dui i believe is very important to a society, but i do believe zealouts (?) are going to take advantage of those they would have ordinarily given the proper tests to or even if still not sure because they don't know her, get me to take her home. she was innocent, i know her and this is devastating to someone as emotionally fragile as some woemen of her genration are. but thanks we'll keep seeking and take your advise to heart. thank you

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lkn
 

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