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 As a Criminal District Attorney and as a Criminal Defense Lawyer I have watched hundreds of DWi video tape. I have noticed that only a handful fully know their rights regarding Field Sobriety Tasks or Tests (FSTs). These are the pen following, line walking and standing tests the officers use on the side of the road. Most have no clue that they don't have to submit to these tests. The word has gotten out reguarding the breath or blood test. Most people know that they have the right to refuse both and all criminal lawyers would advise against submitting to these tests. This has advantages regarding your trial but has negative consequenses regarding suspension of your driving priviledges. On the other hand, not many people are aware of their right to refuse to perform FSTs. Officers are not required to inform you of this right. Therefore they usually go directly into their performance and one does not give it a second thought. THINK TWICE! This is done to allow the officers to gather evidence against you and testify for the state during a criminal trial. Without your cooperation all they will have as evidence is the driving facts and perhaps the smell of alcohol, slurred speech and/or bloodshot eyes. The amount of evidence is severely restricted. Of course, this does not guarantee an acquittal and your arrest is almost certain (although it probably already was). However, you should always avoid helping any police agency make their case against YOU. With most police interviews you have the absolute right to consult an attorney. However, the law does not consider the performance of FSTs as a custodial interrogation that triggers the police informing you of your right to have an criminal lawyer present. Now you know. The police cannot force you physically or in any other manner to perform FSTs. The function  of FSTs is to determine whether or not you have lost "you mental or physical faculties due to the introduction of alcohol," i.e. evidence gathering for your trial. Never assist the police in making their case against you. Be respectful of the police. A good way of handling the matter is letting them know that you will cooperate fully in the presence of your criminal lawyer. The police may be video taping you and this tape will be viewed by the Criminal District Attorney or shown in court and used against you! |
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| Newsflash |
The care of human life and happiness, and not their destruction, is the first and only object of good government. Thomas Jefferson |
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| Newsfeeds |
Weather Channel
Thu, 29 Jul 2010 06:40
BBC: World News
Thu, 29 Jul 2010 06:40
| David Cameron says it is important to "speak frankly" after criticism of his comments about Pakistan's record on tackling terrorism. |
| Cameron defends Pakistan comments |
| Greek police fire tear gas to disperse hundreds of lorry drivers protesting in Athens against a government order to end their strike. |
| Greek police clash with hauliers |
Dallas Morning News
Thu, 29 Jul 2010 06:40
AP Headlines
Thu, 29 Jul 2010 06:40
| By BOB CHRISTIE 2010-07-29T11:03:59ZPHOENIX (AP) -- States that had been watching Arizona's immigration law in hopes of copying it received a rude awakening when a judge put most of the measure on hold and agreed with the Obama administration's core argument that immigration enforcement is the role of the federal government.... |
| Immigration ruling could send message to states |
| By AMIR SHAH and DEB RIECHMANN 2010-07-29T11:36:13ZKABUL, Afghanistan (AP) -- A senior U.S. military official and Afghan officials say the body of a second U.S. sailor who went missing in a dangerous part of eastern Afghanistan has been recovered.... |
| 2nd US sailor's body recovered in Afghanistan |
| By LARRY MARGASAK 2010-07-29T10:46:22ZWASHINGTON (AP) -- A jury of Rep. Charles Rangel's congressional peers is ready to publicly discuss charges of ethical misdeeds. But the political discussions outside the room will be far more significant.... |
| Jury of Rangel's House peers meets in ethics case |
Al Dia Dallas,Texas
Thu, 29 Jul 2010 06:40
NPR Legal Affairs
Thu, 29 Jul 2010 06:40
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| Massachusetts lawmakers are considering a bill that would give independent auto mechanics access to the same repair data as dealerships. This has been a recurring point of tension between the auto companies and companies that make parts and small repair shops. |
| In Mass., A Debate Over 'Right To Repair' Law |
| The administrator of BP's compensation fund is trying to persuade Gulf Coast residents not to sue the company, but to take a settlement instead. But many in the region affected by the oil spill say it's too early to pinpoint their damages. |
| Gulf Residents Face Quandary: Sue Or Settle? |
KRGV TV Rio Grande Valley
Thu, 29 Jul 2010 06:40
Texas Lawyer
Thu, 29 Jul 2010 06:40
| Contrary to popular belief, lawyers should not use the deposition of an expert to attempt to argue the expert out of his or her opinions or to prove the expert wrong in those opinions, says Quentin Brogdon. He lists some specific goals that the lawyer should use when examining the expert. |
| Podcast: Cross-Examining the Sophisticated Adverse Expert |
| Ernest Martin says that — in light of a recent Texas Supreme Court ruling — insurance policyholders should prepare to defend against insurance companies' anticipated denials of coverage for claims arising our of contracts, even those contract-based claims that insurance companies have traditionally covered. |
| Podcast: Insurance Contractual Liability Exclusion |
| Quentin Brogdon says cross examination requires a wide variety of innate talent. But with careful study and repeated practice, any trial lawyer can learn the necessary skills. |
| Podcast: Cross Examination: A Difficult Skill to Master |
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