CaneFan79
Senior
- Joined
- Dec 29, 2013
- Messages
- 4,915
They should replace one of the field tests with pupil dilation...firefighter/paramedic use it to see how well the brain's reacting and you see it at its best during head injuries, Drug calls, and even diabetic emergencies(if they're still conscious) because all of these alter the brain in some way causing abnormalities in the pupils reaction...I could literally teach a chimp how to do it properly don't know why it isn't used by police officers [MENTION=9161]CaneFan79[/MENTION]Impersonating a police officer?
How so?
Was he at a local 7-11 eating a donut and thumbing through gun magazines?
As a former cop, this comment has me ROTFLMAO!
As a former cop who (surprisingly) wasn't booted off a repeat offender DUI case jury in another state, I say if Walton took this to trial, he would get off. What I observed:
- Call it the BLM effect (and that includes white perceptions) but people are really suspicious of LE motives when stopped and they are your jury pool. Everyone has a camera and You Tube is filled with viseos showing LE personnel in a bad light.
- The police have cameras and it is causing officers to get lazy, relying on the digital images to be the evidence the prosecutor uses to get a conviction; my experience was the opposite, at full length, it led many jurors to question the arresting officer's integrity.
- Field Sobriety Tests are still a joke and if not presented to the offender perfectly, will be ripped up by any halfway decent defense attorney. The walk and turn looks difficult to most sober jurors (we are a more obese society now) and the one legged stand is judged the same by them. Horizontal Gaze Nystagmus is still not understood by the layman and most documentation accompanying the test is poorly written by LE personnel who need English 101, not another CJ class.
https://www.criminalattorneystpetersburg.com/DefenseLawyer/DUIDrunkDriving/DUIFieldSobrietyTestsFSTs.aspx
The suspended license is troubling, but that happens a lot on routine traffic stops.
The Feds at the National Highway Traffic Safety Administration (NHTSA), you know the people who won't force recalls until the bodies have piled up enough to outweigh automaker political donations, are still in love with HGN even though their are serious problems with it. Of course, if you give a research organization grant money, they will give you the results you want to hear:
www.nhtsa.gov/DOT/NHTSA/Traffic%20Injury%20Control/Articles/Associated%20Files/810831.pdf
Jurors don't understand it, think LE is gaming the test, and the documentation that goes with it many times vague.
You mentioned diabetes. A diabetic measures their blood sugar with a simple devices that is well known in the USA circa 2016. How blood alchol can't be measured by a similar device baffles me. I would have such devices controlled by medical personnel and issued as sealed units for each shift (designated LE units go to hospital to retrieve it) and once used, a chain of custody begins...Having a person try to track a pen at 2 AM on a dark road side (or in the city with all manner of lights) is archaic.
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