Taimoor Rana is seasoned criminal defense attorney specializing in DUI related cases. He shares his expert legal opinion here A Man On Bicycle Charged For DUI »
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- In East Naples the Collier County Police arrested a man for DUI who was riding a bicycle. The Sheriff Office told that a Tampa man was riding on the bike when that 51 year old Tommy Charles Miller was stopped his eyes were red and smell of alcohol was coming from him.
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He was riding the bike on Saturday in night without lights. Police told that two cans of beer were also found in the bike’s front basket.
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The DUI Officer and “Selective Memory” »
How does every detail of a DUI investigation is recalled by a police officer testifying in a drunk driving trial recall months earlier?
When a motorist is stopped by an officer and the officer suspects that he may be under the influence of alcohol, he from the moment when he stops the motorist begins to mentally record various observations. He may notify many things such as he may notice that was the driving erratic, and in what way? How did the suspect reacted to the red overhead lights? How did the suspect pull over and park? Was an odor of alcohol there on the driver’s breath, and how strong it was? Could it have come from the passenger? Was the face of driver flushed, eyes bloodshot, speech thick and slurred? What was his response to the questions and directions? What were his answers to questions asked by the cop such as "Where he is going? What time is it? Have he been drinking? What? When? Where? How much?" Did the suspect have a current license and registration? Did the suspect fumble with his wallet pulling out his license? Was the suspect stagger when stepping from the car? What did the passenger say? How did she appear? And so on.
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The Police Officer as DUI “Expert” »
The subjective opinions of the arresting officer are of great importance in the drunk driving case. The officer should have the abilities to correctly assess DUI symptoms of intoxication: observations of driving, personal symptoms (slurred speech, flushed face, etc.), answers to questions, performance on field sobriety tests. Criminal charges will be filed by the prosecutor is legally determined by his DUI report (and his opinion in that report; it is his decision by which it will be decided that whether to suspend the driver’s license or not; the guilt or innocence of the person he arrests will be largely decided by his testimony at trial. So how much expert is the average police officer at judging levels of intoxication in a DUI case?
In order to give the answer to this question, a series of experiments have been conducted by the researchers at Rutger University’s Alcohol Behavior Research Laboratory. In order to compare with officers, two groups of non-police witnesses were first tested. In one, 49 lay social drinkers sat in a room as various subjects have been brought in one at a time for observation and to ask related questions. Some of them have consumed varying amounts of alcohol while the others had consumed nothing; each had been given tests for blood-alcohol levels. Each in turn answered questions that were asked by the lay witnesses until all were finished, then they got up and left. Then each of the 49 witnesses were asked to judge state of sobriety or intoxication of each subject. It was concluded by the researchers that the assumption that social drinkers would prove to be accurate judges…was not confirmed.
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