My wife was pulled over 2 weeks ago because she swerved while trying to put a ginger ale in the cup holder in the new car.There were no other cars around (but hidden cops).He wanted a sobriety test;well he does not + can not drink due to scirrocis of liver.Has not had a drop in 9 years.The cop browbeat her until she was a wreck then just cuffed her + took her to jail.She was crying + told hin that she would take a sobriety test but he just slid the glass partition closed + drove around for another hour before taking her to durance vile. 10 hours later they draw blood. (she was kept 28 hours).We are still waiting on the blood results. My son picked up the car as it had been towed quite some distance + he told the wreckers that they must be making a ton o $$$,they said,no.all they get is a basic tow fee + 9 cents a mile;everything goes back to the P.D. Same as the cookie cutter crap with their DWI fines;need a breathalyzer installed that gets them a 75% kickback when no alchohal was even involved.We have a good lawyer (Joe Turner) but his fee was 10K after the 5K I had to spring for bail;+ we're just getting started.She never even got a ticket,m,is nothing was written up.When she got to the magistrate in the A.M. she says."The cop thinks you looked drunk,so that is what I'm accusing you of."I'm sorry;is this still America?

I'm sorry about your situation. It's terrible. However, I don't understand why the bond amount was that high. I'll refrain from commenting on other fees.

So, judging by the outcome, I assume she refused a sobriety test?

quote:

Originally posted by Gatogordo:
So, judging by the outcome, I assume she refused a sobriety test?

Exactly my query. If you're not drunk you blow and take sobriety test. If you want trouble you stir the shit up 'til it boils and explodes on your face. Easy. I want drunks off the road.

Did this happen in Austin or in one of the suburbs?

It happened in Leander. And yes she said she would take the sobriety test;thats when he closed the little window. When he 1st asked her,she said what are my options ,thats when he got pissed + cuffed her + threw her in the back.

From personal experiences, LEO's in the bedroom communities that surround a large metropolitan area seem to be prone to go overboard when doing their "Job"!

The smaller towns/municipalities have a really bad habit of hiring officers that for whatever reason had washed out of the larger cities police force and all too often they don't really check into the officers background to find out why they did not make it on the big cities force,

quote:

Originally posted by Crazyhorseconsulting:
From personal experiences, LEO's in the bedroom communities that surround a large metropolitan area seem to be prone to go overboard when doing their "Job"!

The smaller towns/municipalities have a really bad habit of hiring officers that for whatever reason had washed out of the larger cities police force and all too often they don't really check into the officers background to find out why they did not make it on the big cities force,

I've heard this exact scenario from LEO hunting buds. Gone are the days wherein your local cops are your nearby, home town neighbors......and IMO that has changed policing for the far worse.

It is all too common across a good bit of Texas.

Small towns can't afford to pay really competitive wages and when they get to looking for an LEO often don't spend a whole lot of time and effort into checking out references/background.

The blodd test will tell the tale. Lack of professionalism and any rudimentary skills at investigating DWI's. In 10 years as a PO I wrote over 250 of them and in 24 years as an attorney I have represented over a thousand charged. Police offices reaction was ridiculous on all counts. Never do a field sobriety test and, if you haven't been drinking, take the breath test. Why do their job for them with a field sobriety test? If you are intoxicated I would certainly not do a field sobriety test and I would not blow.

If your wife asked what her options were the cop should have read her the implied consent statement and answered her question. 10K sounds steep to me unless it is a felony charge.

Norton I just read your last post and you couldn't be more accurate. We call them play police. I just sued a city alleging that one of their officer was taking bribes from two of my drug dealers. He had washed out of two other departments.

Leander is particularly nasty. That is the place where my wife got her ticket and when she showed up for court the judge doubled the fine because she didn't just pay it by mail. They also tacked on treble court costs.

Is this the story that your wife is telling you.

Or have you seen any dash camera video, police reports.

Does she have other OWIs on her record. 10 grand to defend a multiple OWI offender isn't that high.

A blood test after 10 hours unless your wife was really, really intoxicated would most likely show nothing. The rate that a body gets rid of alcohol is well documented.

Or did she fall off the wagon and is making every thing up to look innocent.

Her story just does not pass the smell test for any normal OWI arrest. If it is true all this well come out is discovery. Dispatch logs jail logs, hospital admission for the blood test.

You must be prepared not only to stand behind your wife but also maybe learning something you well not want to hear.

The racket in Small town Tennessee seems to be impound(STEAL) cash from those pulled over.

Wish I could remember all of the details, but it was done to more than one.

Out of Staters as I remember. Folks that just want to get on the road and GONE!

quote:

Originally posted by Dutch44:
The blodd test will tell the tale. Lack of professionalism and any rudimentary skills at investigating DWI's. In 10 years as a PO I wrote over 250 of them and in 24 years as an attorney I have represented over a thousand charged. Police offices reaction was ridiculous on all counts. Never do a field sobriety test and, if you haven't been drinking, take the breath test. Why do their job for them with a field sobriety test? If you are intoxicated I would certainly not do a field sobriety test and I would not blow.

If your wife asked what her options were the cop should have read her the implied consent statement and answered her question. 10K sounds steep to me unless it is a felony charge.

The Standardized Field Sobriety Tests (SFSTs) were created to make you fail. The horizontal gaze nystagmus (HGN) is something that opthamalogists have trouble with, despite years of training, while officers get a small part of training. Walk and turn is not natural. One leg stand is not either. The video can show a lot.

The delay on the blood test can work in both ways. The time the body processes the alcohol is different for all, but it’s like an actuary determining your death. In this case, it’s called extra grade extrapolation. Both sides have experts on this.

This was no way intended to be legal advice.

quote:

The Standardized Field Sobriety Tests (SFSTs) were created to make you fail. The horizontal gaze nystagmus (HGN) is something that opthamalogists have trouble with, despite years of training, while officers get a small part of training. Walk and turn is not natural. One leg stand is not either

And how many have you conducted or been a witness too.

I done hundreds and seen that many more intoxicated people have a real hard time with them for sure.

P dog. I understand your objectivity however she has not had a drink in 9 years;it would kill her.She has scerosis + can't drink+she has also had 2 strokes that leaves her with no balance as well as speaking slurs.No I will be the 1st to admit that she has no business driving + I have just sold her car;but the fact is that reckless driving should not be written up as a DWI just because it makes the county more money. FWIW,we just bought the car,her 1st time to drive it;on her way to visit her mother in the home who is 101 yrs. old. None of that matters I suppose when it comes to revenue but it is nice to put all the facts out there.

Actual p dog you are wrong. Most folks can't pass that test. I could not do it in my doctors office when he was checking for possible brain lesions. (none thank God).He told me that it was normal that one can't keep their balance under those circumstances. SO.... once again,we are dealing with revenue via the local PD underwho and a job that's ONLY requirement is having an 50 IQ or less. to steal from taxpayers.You know,if those assholes needed money;they might consider getting a job.A LOT of folks are pissed on being robbed by their own government.I am one of them. Perhaps IO have been too verbal,but most folks (girls espesialy) are totally freaked out by the cop presence....He either wants to arrest her or rape her.Either way she's fucked.I will confess that it does not happen all the time but wee do know about a traffic cop in Lakeway that was trading tickets for blow jobs.Our cops today? HEAVENS

There is a reason they are called standard field sobriety tests. They are designed to be conducted in a précised way.

If you care to research the science behind them you well find that they were developed in a precise way.

They have been tested and tried in many courts.

Any deviation from that should be documented as to why.

Such as you have a person that as a injury that prevents doing them.

I don't know about how the test are conducted in Texas.

But we were taught to ask about physical impairments before we start them.

Yes as with any law enforcement action a corrupt officer can do things that are not ethical.

Again do you know if they have dash or body cams.

I am sure your lawyer well find that out.

quote:

Originally posted by NormanConquest:
. SO.... once again,we are dealing with revenue via the local PD underwho and a job that's ONLY requirement is having an 50 IQ or less. to steal from taxpayers.You know,if those assholes needed money;they might consider getting a job.A LOT of folks are pissed on being robbed by their own government.I am one of them. Perhaps IO have been too verbal,but most folks (girls espesialy) are totally freaked out by the cop presence....He either wants to arrest her or rape her.Either way she's fucked.I will confess that it does not happen all the time but wee do know about a traffic cop in Lakeway that was trading tickets for blow jobs.Our cops today? HEAVENS

You really are speaking out of ignorance you need to check into the requirements for becoming a peace or law enforcement officer in Texas.

Sorry to tell you most folks don't freak out on a traffic stop I have conducted 10s of thousands of them.


Should the facts bear out in your wife's case one would think that you would have some cause for legal action.

IIRC once the officer asks you to get out of your car, the routine traffic stop has now become an investigation.

It is at this point which you need to:
1. be polite
2. give the officer your keys in plain sight (dangle them outside the car window with hands in the "cuffed position")
3. ask him (kindly) to please take me to the station
4. tell him you want your lawyer present for any pending investigation(s).
5. did I say be polite......

Just be polite and keep on saying "Here are my keys. Please take me to the PD. I want my lawyer to be present for any investigation(s) and will answer any and all questions you may have once he's there to advise me."

(I was told absolutely never blow or undergo any field sobriety tests even if you haven't drank anything at all.)

OK, so, I have just found this thread. What is the bottom line, should I, or should I not, take the field sobriety test or breathalizer if I have not been drinking? I assume that the FST is first, then if you fail, they ask you to take the breath test?
Peter.

If you refuse the breathalizer you WILL be immediately arrested as Texas has a no refusal policy. And yes Pdog I am hoping this is the case.This has cost me thousands of dollars so far + we are'nt through.Reckless/eradict driving in a new car that you are'nt familiar with;that's one thing,a DWI charge for the same offense is another.Also its not ignorance so much as anger.I have been friends with many members of the LEO over the years but I will say that I could count on one hand the number of them that did not turn out to be jerks after being on the force.

quote:

Reckless/eradict driving in a new car that you are'nt familiar with;that's one thing

From your other posts there was a lot more going on with your wife then that.

The medical history you mention might just have a little more to do with it.

quote:

Originally posted by Peter:
OK, so, I have just found this thread. What is the bottom line, should I, or should I not, take the field sobriety test or breathalizer if I have not been drinking? I assume that the FST is first, then if you fail, they ask you to take the breath test?
Peter.

Can say I never asked a completely sober person to do field sobriety.

There are other elements that are taken into account. Before one asks some one do to the tests.

It is all about building probable cause for an arrest of DWI.

An ethical officer just doesn't say ok do these tests.

I have arrested intoxicated drivers without any field sobriety tests. They were so intoxicated they couldn't do any of them.

But again one has to document why they were not given.

The information should be in the officers arrest reports and actions might have been recorded on dash or body cams.

More than one "innocent person" had a change of heart after they, their lawyer and DA sat down watched the dash cam vedio.

Thanks! i was concerned about the comment to the effect that even a sober person might "fail" the test.
Peter.

quote:

Originally posted by Peter:
Thanks! i was concerned about the comment to the effect that even a sober person might "fail" the test.
Peter.

I have a bad knee and shoulder don't think I could do them.

Plus also I don't drink so I well never be driving intoxicated.

Oh I agree that the medical history has a lot if not everything to do with it.Thats why I sold the new car,she has no business driving. But don't call it a DWI just so the county can make more revenue.Williamson county is notorious for heavy DWI convictions just as Comal county is notorious for the death penalty;thus when the DAs are trying for a death sentence they try to move the trial to that county.

Personally, if she was stone cold sober, I'd file suit.

quote:

Originally posted by lavaca:
Personally, if she was stone cold sober, I'd file suit.

One well have to wait until all the court stuff is over.

I agree. I have sold her car + gone to the pre trial hearings in which we were free to go within the hour;now waiting for a court date...Feb.6th. STILL no blood work from the lab.HMMM.Since she has not had a drink in the last nine years but wilco only wants it their way.More coming I'm sure.