Recently, professional boxer Adrian Broner was arrested in Ohio for Driving Under the Influence. There was a dash-cam of the stop and of Broner performing Field Sobriety Exercises (FSE's). DUI lawyers DO NOT call these Field Sobriety Tests because these unnatural exercises are not a pass/fail test. The video can be seen here:
What's wrong with this DUI investigation? This DUI arrest was in Ohio by a member of the Ohio State Patrol so the law may be different than in Florida, but she immediately orders him out of the vehicle. In Florida, this may be a violation of the citizen's rights and the driver would have a basis to file a motion to suppress the DUI investigation, the Field Sobriety Exercises, and the breath test results. Before an officer can order you out of the car, the officer must have probable cause to arrest you, search your vehicle, or be able to state reasons why the officer was in fear and may have needed to search the driver for weapons.
You will also note that the trooper plays "language games". The trooper immediately and clearly ordered the driver out of the vehicle. However, a short time later, the trooper says "I asked you out, you get out". Why do police change the words they use? Because, under the law, there is a major difference between asking a citizen to do an act and ordering the citizen to do an act. The law requires the officer to have a certain amount of facts to establish "probable cause", before they can order a citizen to do something. An officer can request a citizen at any time to do anything and the citizen may comply or refuse if they wish. Police officers ARE TRAINED to believe that when they tell you to "GET OUT OF THE CAR!" that statement is a REQUEST and NOT A COMMAND! Common sense and your 3rd grade English teacher taught you better than that and you know what a command is when you hear one. However, if there is NO VIDEO, the officer will use commanding language at the scene of the arrest, but when they testify in court, they will characterize their language as requests! That is why it is important that you write down everything that happened immediately after your arrest and the EXACT LANGUAGE THE POLICE OFFICER USED for court later on when you fight the charge.
What else is wrong with this DUI investigation? The trooper has the driver perform the Field Sobriety Exercises in the middle of a busy road! Why not on the side of the road where it is safer? Where there is an actual line to walk on instead of an imaginary line? At 2:20 the trooper says he is not on the line, but what line? The imaginary line in the trooper's head? How does she know the driver had a different imaginary line in his head? Yet, that is supposed to be a "clue of impairment" according to the Field Sobriety manual.
If you have been arrested for DUI, you need to retain a DUI lawyer with experience, that knows the case law regarding DUI's, and how the government's National Highway and Traffic Safety Administration manual states how a DUI investigation is supposed to be performed correctly. Call NOW for a free consultation to learn what defenses you may have to your DUI.
Time is of the essence in a DUI case!
You only have 10 days to request a Hardship License
a Formal Review of the “Implied Consent” suspension of your license so call my cell phone now.
Aggressive Polk DUI defense lawyer Thomas C. Grajek