1. Assuming that driving behavior is related to
alcohol consumption -weaving due to reaching for cell phone or other
distraction but not because of intoxication.
2. Turning odor of alcohol into intoxication and using it as
evidence of excessive 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, minimal consumption, etc.
3. Failing to ask pertinent questions about driver’s medicalproblems – many medical issues imitate clues of intoxication or are too
personal to discuss with DWI cop.
Officer fails to explain how
past medical issues that you no longer consider a disability can cause you to
fail to perform the test to his satisfaction.
4. 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. The officer has no comparison of how you would perform the
same test on your best day.
5. 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. These factors
are under his control since he picks the time and place for the testing.
6. 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! Officers
will later say that he "substantially complied" even though any
deviation on your part results in failure.
7. Failure to give proper instructions during the administration phase of the exercise – if any of the
SFST elements is changed, the validity is compromised! The Officer must give
proper instructions and demonstrate the test to the citizen in the proper
manner before the Walk and Turn Test and One Leg Stand Test can be performed.
If the Instructions or Demonstration is done incorrectly by the officer then
the results cannot legitimately be used against the citizen.
8. Failure to follow proper sequence of the SFST as per NHTSA
Manual – if any of the SFST elements is changed, the validity is compromised!
The officer cannot just make it up as he goes, although this is how many
officers do their job.
9.. 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). Many DWI cops will use tasks that they know
have been rejected by the researchers and are not part of the Standardized
program.
10. 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. Believe it or not, there are rules that the
cops must follow in order to get the breath test results into a courtroom.
Hi. I’m Designer of Blog Magic. I’m CEO/Founder of ThemeXpose. I’m Creative Art Director, Web Designer, UI/UX Designer, Interaction Designer, Industrial Designer, Web Developer, Business Enthusiast, StartUp Enthusiast, Speaker, Writer and Photographer. Inspired to make things looks better.
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