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First recorded activity by BoatBanter: Nov 2009
Posts: 320
Default DUI Texas style

BAR wrote:
In article ,
says...
On Sat, 28 Nov 2009 17:14:02 -0500,
wrote:

The problem with field sobriety tests are they are very subjective. It
is really just what the cop says it is and there is absolutely no
baseline for how the person performs sober.
I have some pretty nasty osteoarthritis in the big toe joints of both
feet, Standing on one foot is not easy for me at any time. The older a
person is, the more likely it is they will have a natural problem with
some of the agility tests the cops put you through.
This guy was in his 70s. Lets hope we are all agile enough to pass a
field sobriety test in our 70s, cold sober.
The other problem is the field urine test. It is far from accurate and
who knows how common meds (non-narcotic) will show up with a test
strip.

It's my understanding, perhaps incorrect, that some attorneys are
advising clients to refuse all field testing.


This becomes a he said, she said situation. The attorney can argue
anything, tired, depressed, angry.... Without objective physical
evidence to the contrary the state can only rely upon the officer's
subjective analysis at the time and dashboard video if available.

Most states will suspend your license for a period of time for refusal
to submit to tests.

No, I am not an attorney.


Gee...what a surprise.


--
If you are flajim, herring, loogy, GC boater, johnson, topbassdog, rob,
achmed the sock puppet, or one of a half dozen others, you're wasting
your time by trying to *communicate* with me through rec.boats, because,
well, you are among the permanent members of my dumbfoch dumpster, and I
don't read the vomit you post, except by accident on occasion. As
always, have a nice, simple-minded day.
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