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Ten Common Mistakes Made By The Police Officer
- Assuming that driving behavior is related to alcohol consumption. Example-weaving due to reaching for cell phone or other distraction but not because of intoxication.
- Turning odor of alcohol into intoxication and using it as evidence of consumption. Other factors that may cause an odor of alcohol include mouthwash, denture solutions, or having an alcoholic drink accidentally spilled on one's clothes, etc.
- Failing to ask pertinent questions about driver’s medical problems – many medical issues imitate clues of intoxication.
- Failing to disqualify persons who are physically unable to pass the SFSTs. A great number of persons cannot pass these exercises even while totally sober.
- Being aware of, but failing to eliminate, distractions during SFSTs such as loose gravel, surfaces that are not level, environmental issues (misting, wind blowing, darkness), flashing lights, etc.
- Failing to give proper instructions during the instructional phase of the SFST's. If any one of the SFST elements is changed, the validity of the test is compromised!
- Failure to give proper instructions during the administration phase of the exercise – if any of the SFST elements is changed, the validity is compromised!
- Failure to follow proper sequence of the SFST as per NHTSA Manual – if any of the SFST elements is changed, the validity is compromised!
- Administering invalid “tests” which are not supported by research studies – the officers are using exercises which have a 50/50 reliability rate (flip a coin).
- Tricking the person/driver to take the breath test by suggesting they will be released if they pass the test. Also, reading the paperwork to the person incorrectly or using outdated paperwork - renders the breath test result suppressible.
If you are looking for an exceptionally trained and educated, DWI / DUI attorney to aggressively represent you on your DWI case or any criminal matter, call 512.278.0935 (Austin) or 210-DWI-DUDE (210.394.3833) (San Antonio) or contact me by e-mail at jamie@dwidude.com
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