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.
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.
DISCLAIMER- THIS IS NOT INTENDED TO AND DOES NOT CONSTITUTE LEGAL ADVICE AND DOES NOT ESTABLISH AN ATTORNEY-CLIENT RELATIONSHIP. CONSULT QUALIFIED LEGAL COUNSEL IN YOUR CITY OR STATE FOR IMMEDIATE LEGAL ADVICE.
DUI / DWI Attorney
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
Legal disclaimer: This communication is for informational purposes only, and does not establish any attorney-client relationship, pursuant to the... more Legal disclaimer: This communication is for informational purposes only, and does not establish any attorney-client relationship, pursuant to the applicable Mississippi Rules of Professional Conduct
DUI / DWI Attorney
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
This communication is for informational purposes only, and does not establish any attorney-client relationship, pursuant to the applicable Mississippi Rules of Professional Conduct. Further, the information contained in this answer is not to be considered or taken as legal advice, and does not substitute proper, competent legal advice and representation from a licensed attorney for a legal matter.