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Non field sobriety tests dui arrest
Anonymous3 views3 answers
only "test" given was the alphabet test. the officer (with his back towards me) asked me to recite the alphabet. he said i missed a letter. i now know this is a NON standard test. I never declined to take any additional FSTs, put he then arrested me for dui. Considering i was sober, my speech was not slurred, my eyes were not red shot, my comunication was clear and i was not stumbling or showed any signs of impairment... can this subjective test be enough to convict? is this enough for probable cause? or even inadmissable? i did not elect to blow a BAC. why would he not give any SFSTs to validate is conclusion? can you convict a person with a non fst alphabet test being your "evidence"?
I dont' practice in Ohio but yes you can be arrested. Whether or not you can be convicted may be another story. It will be difficult to prove intoxication. Note that I didn't say impossible because no doubt the prosecutor will use that refusal against you. It sounds like you have several defenses, so it's best to talk to an attorney in your area.
Craig Epifanio
Contact an attorney who handles DUI cases. Some of the information you have relayed will be important to your case. One issue you will have to overcome is what the officer wrote in the narrative of his report. If discrepant, the courts usually side with the officer. Good defense attorneys will obtain a copy of the video tape of the stop (most Cleveland and surrounding cities have videotape units in there patrol vehicles). This will corroborate your version of the facts and lend credibility to your argument.
There are many types of evidence the State can use to convict someone of DUI. The question is whether or not the judge or jury will find those pieces of evidence sufficient for a finding of guilt.
The facts as you have described makes me question whether there was probable cause to make an arrest. If the facts are as you describe them, you have a winnable case. The patrol car cam could support your case, but it is important to take steps to have that evidence preserved. You need to hire an attorney without delay. I have extensive materials on my web site concerning DUI's. Please take a moment to review the material. It may answer some of your questions.
