Asked almost 2 years ago - Pearl, MSFlag
The arresting officer's written report is not at all as the video shows. He states I broke position several times during the field sobriety tests, walked not toe-to-heel but side-to-side in the walk and turn test, and moved my head too much in the eye test. Moving my head (slightly at best) is not an indication of impairment.
The video also recorded two officers talking in the police car before any field tests were conducted. One asked the other, "Is he drunk?", and the response was "Yea". I had told one of the officers I had only 1 beer. What was he basing his remark on?
They pulled me over for no problable cause. I had my turn signal on at a stoplight, turned properly, and the blue lights went off. He cited me for careless driving, said I was in both lanes. This is all recorded.
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Vic Carmody is absolutely right. You should ask your attorney these questions. Also, you should not be posting facts about the case here if you are represented by a lawyer. The fact that these issues have been identified can tip off the state about your defense if a prosecutor happens to read this and connects it to your case.
Wayne R. Foote, Esq.
Board Certified OUI Defense Law Specialist
by the National College for DUI Defense, Inc.
Law Offices of Wayne R. Foote, PA
344 Mt. Hope Ave
Bangor, ME 04401
(207) 990-5858 (fax)
"Injustice anywhere is a threat to justice everywhere." M. L. King, Jr.
I must presume that you are currently being repsented by an Attorney,and if you are then the answer will be very short ASK YOUR ATTORNEY!! IF YOU ARE NOT REPSENTED BY AN ATTORNEY PLEASE POST THIS INFORMATION HERE AND I WILL ANSWER YOUR QUESTION.
Co-Author Mississippi Dui Law and Practice 2009,2010,2011
I concur with Mr. Carmody's answer to this question, "How will my lawyer address this?" Since it is apparent that you are currently represented by counsel, by the use of the words, "my lawyer," you should contact the office of your lawyer so that he/she may "address this."
Lance O. Mixon
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