Blog

Don’t Do the DUI Field Test! Conclusion (Part 6 of 6)

So why should a driver suspected of DUI refuse to submit to the standardized field sobriety tests?

1) These tests are voluntary, not mandatory.
2) The government has the burden of proof and the burden of producing evidence. The suspect does not have to assist the police in developing their decision or “opinion” to arrest.
3) Police are not properly qualified, educated, or experienced in administering these SFSTs.
4) Police do not strictly adhere to the SFST guidelines, which compromises the ...

Continue Reading →
0

Don’t Do the DUI Field Test! The Ohio Legislature’s Response (Part 5 of 6)

The Ohio State Legislature responded in 2004 by enacting a statute that essentially made the Homan decision moot. The statute essentially states that officers must be in “substantial compliance” with the SFST procedures in the NHTSA manual (or a substantially similar manual) that is in effect on the day of the suspect’s arrest.

Unfortunately, “substantial compliance” is defined very differently by the many judges and appellate courts around the state of Ohio. I have found that the judges seem to favor ...

Continue Reading →
0

Cincinnati DUI Checkpoint Tonight: Friday, June 27, 2014

There will be a DUI checkpoint tonight from 9:00 pm – 1:00 am in the in the 6900 block of Wooster Pike (US-50).

If a cop pulls you over and accuses you of driving under the influence, remember to stay calm. Respect the officer and comply with their requests. You do have the right to choose to refuse the breath test and field sobriety tests.

Be safe out there!

Posted by: The Law Office of Steven R. Adams

Continue Reading →
0

Don’t Do the DUI Field Test! What Does It All Mean? (Part 4 of 6)

These flawed studies indicate that the SFSTs are not 100% reliable. Remember that with DUIs/OVIs, we are dealing with a person’s freedom and their ability to have a valid driver’s license. The HGN is allegedly accurate 77% of the time; The Walk and Turn Test, 68% of the time; and The One Leg Stand Test, 65% of the time. One could conclude that SFST false positives are certain.

The authors of the of the field test studies ...

Continue Reading →
0

Cincinnati DUI Checkpoint Tonight: Wednesday, June 25, 2014

There will be a DUI checkpoint tonight from 9:00 pm – 1:00 am in the 4200 block of Beechmont Avenue (SR-125).

If a police officer pulls you over for driving under the influence remember to stay calm. Always respect the officer and comply with their requests. You have the right to choose to refuse the breath test and field sobriety tests.

Say no no to the po po!

Posted by: The Law Office of Steven R. Adams

Continue Reading →
0

This Just In: Police Can No Longer Search a Suspect’s Cell Phone Incident to Arrest

Today, the Supreme Court ruled that police cannot look through a suspect’s cell phone without a warrant. It was a unanimous decision that amounts to a major statement in favor of privacy rights. Up until now, police were always allowed to search a suspect’s cell phone when they were arrested.

Read more by clicking here.

Posted by: The Law Office of Steven R. Adams

Continue Reading →
0

Don’t Do the DUI Field Test! The “Reports” or “Studies” (Part 3 of 6)

There are six reports that NHTSA has referred to as “extensive scientific research” regarding roadside field sobriety testing. These reports were submitted between 1977 and 1998. Since 1998,the NHTSA student manuals have not referred to any additional scientific reports or studies regarding the administration of SFSTs.

These six reports, the only scientific reports that NHTSA has cited, were never peer-reviewed by the scientific community. Peer-review is “a process by which a scholarly work is checked by a group of ...

Continue Reading →
0

Don’t Do the DUI Field Test! NHTSA Manuals (Part 2 of 6)

Interestingly, NHTSA has recently changed their student and instructor Manuals for DWI Detection and Standardized Field Sobriety Testing. In fact, they changed the manuals dramatically. NHTSA manuals have been revised a total of five times since 1995, with no scientific basis for the changes, deletions, and modifications. Very Strange.

NHTSA student and instructor manuals outline procedures and guidelines that officers must follow to properly administer the SFSTs and assess the suspect’s performance. Six different versions of these manuals have been published ...

Continue Reading →
0

Don’t Do the DUI Field Test! Say No No to the Po Po! (Part I of 6)

The National Highway Traffic Safety Administration (NHTSA) defines standardized field sobriety tests (SFSTs) as follows: “There are three SFST’s, namely Horizontal Gaze Nystagmus (HGN), Walk and Turn, and One Leg Stand. Based on a series of controlled laboratory studies, scientifically validated clues of alcohol impairment have been identified for each of these three tests. They are the only standardized field sobriety tests for which validated clues have been identified.“

Horizontal Gaze and Nystagmus (HGN) is an involuntary jerking of the eyes, ...

Continue Reading →
0

Is Withholding Breath Test Evidence Fair?

Ohio Supreme Court Will Decide Whether the Prosecution can Withhold COBRA Data

The City of Cincinnati does not believe a DUI suspect can challenge the breath test machine or the breath test result. In Cincinnati v. Ilg, the city refused to give the defense critical breath test evidence regarding a new breath test machine selected by the state of Ohio.

The trial court sanctioned the city for not producing the breath test archives, also known as COBRA data, by ...

Continue Reading →
0
Page 1 of 10 12345...»