Alcohol & Drugs: DUI, DWI State Troopers credibility

[buzzdav]

Sorry more on my dwi! After I had my DMV hearing, where the trooper flat out lied. I started to trace on the court calenders his court appearings. He had to appear in court for about 80 tickets he had written. These charges against motorist were slow to be resolved over the next months. Continuances and so forth. After 5 months it was apparrent that he hadn't written a ticket in at least 90 days. Then he assumed writing tickets at that point in time. I have wondered if he was on administative leave for some misconduct. What is the name of the form I could use to supeona his disciplenary record, and would I fill it out and give it to the Clerk of Court or another judicial agency. I am oc about this because i am innocent. I spent at least 60 hours online searching for the operators manual on the Intoximeter ec/ir 11 the alcohol breath machine used in my case. I accually found it! It is 100% fact that the Trooper used improper procedures when testing me. How could I get this manual entered into evidence? It was uploaded on the net by an adjoining state by their forensics dept. Please help!! And thanks in advance!

 

[CdwJava]

Access to disciplinary records varies by state and I do not think you mentioned what state you are in. Chances are, unless you are represented by counsel, you will not be able to format the proper request to obtain this information (regarding any discipline). Besides, if he had been off on administrative leave for as long as 90 days, he would no longer be working there. The standard is 30 days - anything more tends to be termination. It is more likely that (a) you missed his court appearances (depending on the source you used, and the court he might have had cases cited in to), or (b) he was out on a medical issue.

As for the Intoximeter, do not confuse the manual with what state law permits or allows. Some of the things the manual says may not be relevant to the operation of the device in your situation. Can you briefly explain what the officer did and how you believe it conflicts with the manual?

- Carl

 

[buzzdav]

In my first post 10 or so days ago i explained that I had been Mickky Finned . When the Trooper gave me the breath test, I first blowed a .14. #2 I blowed, but it was insufficient. I told him I had a cronic lung desease. (diagnosed 3 yrs. ago), I tried but he only gave me less than 30 seconds to blow. The manual says up to three minutes to blow. Then an evidence card is printed with (insufficient sample). #3 went the same way, less than 30 seconds to blow. He gave me 2 evidence cards. One card for test #1 which started at 9:06 pm and timed out at at 9:15 pm, showing I blowed a .14. Card #2 also had test #3 on it. The intoximeter is made to print 1 ticket for test #2 and test # 3. After test #3 (Tab down to see rest)

 

[buzzdav]

he typed in (test refused). Test # 2 started at 9:17. Test # 3 was over at 9:20. then he typed in (test refused). Less that 3 minutes for the last 2 test. The intoximeter prints only minutes seconds are ignored. Remember my driving was only about 50 ft. on private property.(the persons yard) I have looked at case law and all the appeals I saw where people were on private property the courts have ruled for the defendent.

 

[CdwJava]

In my first post 10 or so days ago i explained that I had been Mickky Finned

Certainly a defense you can make at trial, but not something that the office in the field has to seriously consider absent some evidence to this fact.

When the Trooper gave me the breath test, I first blowed a .14. #2 I blowed, but it was insufficient. I told him I had a cronic lung desease. (diagnosed 3 yrs. ago), I tried but he only gave me less than 30 seconds to blow.

Okay. Then, again, you can argue that yours was not a "refusal", you were just unable to blow because of this lung disease (be prepared to call your doctor to testify as to this condition and your inability to blow).

The manual says up to three minutes to blow.

The manual does not dictate state law or agency policy. The officer does not have to wait all day to give a person an opportunity to blow. It makes the officer look better at court if he gave the opportunity, and a judge may decide that you did not refuse a blow, but that will depend on your medical defense, I imagine (assuming a refusal is the issue, here).

If they have the one test with .14 that may be sufficient to provide evidence. But, a lot depends on the status of the law in your un-named state.

Have you consulted with an attorney yet? This is not something you should attempt on your own.

- Carl

 

[CdwJava]

Remember my driving was only about 50 ft. on private property.(the persons yard) I have looked at case law and all the appeals I saw where people were on private property the courts have ruled for the defendent.

That depends ... what was the reasonable suspicion for the detention on the private property? If the property is indeed a private yard, and the act did not give rise to suspicion of DUI or some other crime, then the detention may be tossed out. But, in most states DUI even on private property is unlawful, so that would hinge on the reason for the initial detention ... unless the initial contact was consensual.

- Carl

 

[buzzdav]

All the precedent in state supreme appeal courts have ruled like this (is it pva or private property) reasonable articulable suspicion was taken out of the equation.