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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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| This is a court of law, young man, not a court of justice. Oliver Wendell Holmes, Jr |
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| RALEIGH, N.C. (AP) -- Former Sen. Jesse Helms, who built a career along the fault lines of racial politics and battled liberals, Communists and the occasional fellow Republican during 30 conservative years in Congress, died on the Fourth of July. He was 86.... |
| Former Republican N.C. Sen. Jesse Helms dies at 86 |
| PARIS (AP) -- "I cry with joy," Ingrid Betancourt said. And she did. After six years as a hostage in the Colombian jungle, the former Colombian presidential candidate and French citizen flew back to her beloved France to be embraced Friday as an icon by the country that raised her.... |
| Freed hostage gets hero's welcome in France |
| CHARLOTTESVILLE, Va. (AP) -- President Bush invoked the memory of Thomas Jefferson Friday in welcoming new U.S. citizens at a naturalization ceremony at Monticello, saying "I'll be proud to call you a fellow American."... |
| Bush welcomes new US citizens on 4th of July |
Al Dia Dallas,Texas
Fri, 04 Jul 2008 15:27
NPR Legal Affairs
Fri, 04 Jul 2008 15:27
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| A court has ordered Google to turn over a database that links users to every video they've watched on the popular Web site YouTube. Jennifer Urban, director of the University of Southern California Intellectual Property and Technology Law Clinic, says the ruling has big implications for online privacy. |
| We Know What You've Been Watching on YouTube |
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| Shop Discusses McCain, Inmate's Suspicious Death |
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Fri, 04 Jul 2008 15:27
Texas Lawyer
Fri, 04 Jul 2008 15:18
| Michael Maslanka warns corporate employers they can say goodbye to the secret ballot when workers vote on unionizing if the Employee Free Choice Act is entacted by a slightly more Democratic Congress and signed by a President Obama. |
| What to Expect in Labor Law After the Election |
| Senior reporter John Council talks with criminal defense lawyer Gary Udashen about: a battle over exhibits in the Holy Land Foundation trial, when double jeopardy attaches in a prosecution, Darlie Routier's DNA test, and a proposal to limit attorney-client privilege in some cases. |
| Reversed &Remanded |
| When the Texas Supreme Court ruled in Fairfield, it seemed that the court was signaling that punitive damages assessed against a corporation would not be against public policy. But the 5th Circuit recently came to a different conclusion in a similar case. |
| Insurance Law: A Plea for a Bright Line Rule: Insuring for Punitive Damages After Fairfield and Res-Care |
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