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Cop fails DUI field sobriety tests while on Duty

Saturday, March 08, 2014

Georgia Standardized DUI Field Sobriety Tests March 7th, 2014.  USA today reported  that Lt. Mike Magiera of the Dallas Police Department who is accused of working while impaired, sleeping on the job and more. Co-workers performed a field sobriety test on him, which was caught on camera, which he failed. Magiera claimed that he was sleeping during his lunch break and not impaired but simply taking pain medication for a severe back injury. Curiously, no one asked him if he drove to work or allegedly admitted to investigate if he drove under the influence or DUI.  DUI Field tests are standardized by the National Highway Transportation Safety Administration. They include the Horizontal Gaze Nystagmus Test which can indicate a 77% statistical probably of a given blood alcohol level or the presence of central nervous system depressants such as Xanax; the nine step walk and turn which indicates a 68% statistical probably of a given blood alcohol level; and 30 second one leg stand which indicates a 66% statistical probably of a given blood alcohol level.  Of course, alcohol levels are irrelevant in determing if someone is less safe because of alcohol because alcohol effects different people differently. People on drugs tend to do less well on these tests than those that are taking drugs. Field Sobriety tests are often failed by the elderly, injured and out of shape even when not drinking or taking drugs either legal or prescription. In short, standardized DUI field sobriety tests are just stupid people tricks. Just like playing the lottery is a stupid people tax and Las Vegas is monument to bad math and the failure of the American educational system.  more

Aiken Standard walks you through a DUI arrest

Tuesday, January 07, 2014

steps in a DUI arrestIn an article posted on January 6, 2014, the Aiken Standard published an article on the steps a person goes through in a DUI arrest.  Although based on a DUI arrest in South Carolina, it is basically the same progress that occurs in a Georgia DUI Arrest. First, the police must have an articulable suspicion of a criminal or traffic violation to make a traffic stop.  Second, the Police Officer makes personal contact and looks for an odor of alcohol, slurred speech, red and glassy eyes and flumbing fingers. Third, the Officer performs standardized field sobriety evaluations like the Horizontal Gaze Nystagmus Test, the nine step walk and turn and the one leg stand. NHTSA validation studies have indicated a statistical correlation between clues on these tests and blood alcohol levels if performed exactly as trained. Finally, the Officer must inform the suspected DUI driver of his or her implied consent to chemical testing for drugs and alcohol to obtain an alcohol breath test, blood test or urine test.  Next, the Officer must follow the prescribed testing protocol to make sure that testing is accurate. Finally, the suspect is jailed, must bond out and go to court. DUI arrest are very difficult and stressful.  Having a qualified lawyer to guide you through the process and protect your legal rights is essential.  more

NACDL's Champion Magazine exposes the fraudulent science behind standardized field sobriety tests

Wednesday, March 27, 2013

In Andrew Mishlove's article in the Jan/Feb Edition of NACDL's Champion Magazine, he explains the fundamentals of the National Highway Traffic and Safety Administriation's (NHTSA) Standardized Field Sobriety Evaluations (SFST) such as the Horizontal Gaze Nystagmus (HGN), Walk and Turn (W/T) and One Leg Stand (OLS) or as we like to say in Georgia "One Leg-ged Stand"). Mishlove's conclusion is junk science both in reality and under the Federal Rules of Evidence 701 for lay opinion testimony and 702 under the Daubert Standard. It is important to note that Georgia Prosecutors were able to keep the Daubert Standard of evidence from being applied to criminal cases in Georgia and limited to civil cases during Tort Reform and the recent evidence code reconciliation with the Federal Rules.  more

If You're Being Investigated for DUI, Stay Calm and Stay Cool - The Police are on the Hook Too!

Thursday, January 03, 2013

Any arrest is nerve-wracking, but when it comes to DUI the situation can be especially murky. When stopped at a roadblock or pulled over for a traffic stop and prompted into a DUI investigation, a person is faced with a multitude of options: Should I take a field sobriety test? Which ones? Can I refuse?; Should I take the breath test or refuse? What happens if I don't?; Should I obey the police? Do I need to? Should I trust them?  more

New iPhone App. Used to Capture Horizontal Gaze Nystagmus May Expose Errors in the Seminal Field Sobriety Test

Monday, October 15, 2012

Two iPhones lying face-upA new iPhone app called Breathaleyes uses the iPhone camera to capture Horizontal Gaze Nystagmus, the common field sobriety test that looks for eye movements caused by alcohol. To measure its accuracy, officers from the Huntsville Police Department put the app to the test. Three volunteers drank three beers in an hour. Thirty minutes later two volunteers blew a between .05 and .08 BAC and one volunteer blew a .10. Compared to the relative blood alcohol content determined by the Breathaleyes HGN test, each volunteer had a BAC over .08 with two almost double the legal limit. more

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No legal advice should be obtained from the web site alone. George C. Creal, Jr., P.C. is Georgia Professional Corporation authorized to practice law in the State of Georgia only and all information contained in this web site is intended for use for DUI/DWIs occurring in the State of Georgia. Individuals with DUI/DWIs from outside the State of Georgia should contact a licensed attorney in the state of occurrence of their DUI. Copyright © 2010 George C. Creal, Jr. P.C.
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