Attorney Bruce Edge Analyzes The Police Report And Evidence That Led To DWI Charges Being Dismissed For The Boss.
Do you know people who twist what they see and hear to make it fit the story they’re telling? Too often the police think everyone driving must be drunk and they write their reports in a way that supports their predetermined decisions. Bruce Springsteen was arrested recently. His arrest reports a classic case of a determined deputy jumping to a conclusion, and then writing a report to make him sound drunk. When you analyze the report, you’ll see and find a determined deputy and a sober driver. Let’s look at the report. It starts off; he had a strong odor of alcohol, glassy eyes, swayed visibly when looking at his eyes, and walked 45 steps rather than nine steps. This sounds bad and you write it in official language in a police report, prosecutors and the judges are going to jump pretty quickly to the conclusion that he was drunk.
Odor Of Alcohol
But, let’s look a little closer at what he actually said, this determined deputy. Strong odor, alcohol is going to smell the strongest right after it’s been drank and is fresh on the breath. So Bruce told the officer that he had a shot. By him telling the truth, the deputy twisted this to sound like something completely different.
Glassy Eyes
Glassy eyes, this sounds bad, but it’s nonsense because it’s not in the training manual. It’s just something that naturally your eyes are glassy, they’re wet, and they have fluid.
The HGN Test
Now the next thing is the pen test, the eyes. He said that he saw visible swaying, and then he saw these clues on it. Well, one of the clues he has to look for is measuring from the tip of the nose to a 45 degree angle and see what’s happening in within that 45 degrees. If somebody’s swaying visibly, it’s impossible to get a 45 degree angle and evaluate it. The deputy’s trying too hard to put a bunch of stuff in his report that is not being done correctly.
The Walk and Turn Test
The next thing that comes up is the heel to toe test or the walk test. He says he took 45 steps. Okay. Imagine you’re on the side of the road, an officer tells you to take nine steps and turn and come back. You take 10, you take 15, you take 20, and you take 25. Can you imagine the officer just standing there quietly, calmly taking notes? Or is it more likely that you’re hearing, WAIT! You’re being tackled and cuffed and you’re being arrested for attempting to flee the scene, much more likely.
The Breath Test Results
But the best part, they took him to the station, he took the breath test and he blew .02. This is a point where a reasonable deputy would say, “I was wrong,” and he would have released Springsteen, but this was a big arrest. And the determined deputy pushed forward. The legal is .08, he blew .02. That’s one fourth of the legal limit. Now in Oklahoma, you have to blow twice. And those two tests have to be within .03 of each other. So what does that mean in the case of Bruce Springsteen? His first was a .02, that means that his second test could have been a negative -.01, or it could have been a. 05 and it still would have been considered an accurate estimate. Never doubted this is an estimator, it is not a machine, it is not a test. Anything with that kind of variance in it cannot be considered accurate or reliable for anything that I would know of. I mean, can you imagine cutting lumber? Can you imagine any other kind of place where you’re doing a measurement and you’re going to have a measurement between point minus one and .05 and to say, “accept it.” I don’t think so. This means that the determined deputy just wouldn’t give up. He composed his report to support his arrest
Police Assumptions And Damage From A Simple DUI Arrest
Please don’t get caught in this, but really situation of saying, “His case was dismissed when he got to the judge so it’s no big deal.” Really? ask yourself, if you’re driving down the road one night and you’re pulled over and you’re stopped. The next thing you know,
- You are cuffed, and you probably have bruises for days afterwards.
- Your car is towed and impounded.
- You are arrested and now have an arrest record.
- You spend the night in jail.
- You probably miss work.
- You may not have your keys or phone when get through to get back into your home.
- You may lose your job because you missed work.
- There are papers that you need to get, specific papers before you can get your car out of impound.
- You have to pay for impound.
- You have to pay for a bond.
- You have to pay for an attorney to go to court and get it dismissed.
Is that really no big deal?
Arrested on Junk Science
This is just a quick introduction to show you how easily it is for a sober person to be arrested for DUI. And also to show you the junk science they use to convict far too many people. Thank you.
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