Richard Wilson of the Nashville Metro Police Department was indicted by a Federal Grand Jury for allegations that he was involved in distributing cocaine , Mr. Wilson has been decommissioned as a police officer pending the outcome of his criminal charges. Mr. Wilson has been on the DUI Enforcement Unit of the Nashville Police Department for the last year an a half.
My guess his pending DUI cases may be impacted by his arrest.
Who made the field sobriety tests the primary means of detecting driver impairment to alcohol in Tennessee DUI cases ? The answer is your government.Beginning in the 1970's research studies were sponsored by the National Highway Traffic Safety Administration (NHSTA). NHSTA contracted with the Southern California Research Institute (SCRI) to determine which roadside field sobriety test were the most accurate.The field sobriety tests were designed to be standardized so the tests would be the same in Nashville,Tennessee or Franklin , Tennessee.
There are limitations on the field sobriety tests.Last Sunday most Americans were watching the Super Bowl . Professional athletes who are in tip top shape and train everyday.Where did they perform these football feats. On a perfectly level playing field.The DWI Detection and Standardized Field Sobriety Testing 2006 Manual requires the Walk-and-Turn test and the One-Leg Stand test be performed on a reasonably smooth , level surface. If the "tests" aren't done according to design they provide no information to the court or the jury.Therefore , the field tests should be inadmissible.
Today , I reviewed a case where the field sobriety tests were done outside my office on Second Avenue in Nashville.The slope is tremendous.Based on my personal knowledge , the tests were done almost on a hillside.That test is flawed from the start.
So what does a experienced DUI lawyer do ? Grab a level.Go to the scene.Fight the test for it's flawed basis. The image in the post depicts the perfect location for the field tests. It's inside.
One of the critical elements of any drunk driving (DUI) investigation is the field sobriety tests. In this post , I hope to explain what the police officers are looking for in the walk-and-turn test. The walk-and-turn test is just one of the three standardized field sobriety tests. Often , I have clients that tell me they passed only to discover the police officer failed them on the DUI tests.
List of Clues on the Walk-and-Turn Tests
If you fail two or more of these eight clues , you fail this test.The tests are designed for failure. I created a video on the walk-and-turn test. Hit the link for more information on the walk-and-turn test.
If you have any questions about the topic , please feel free to post a message in the contact section of my website http://www.mckinneylawfirm.com/ Also , please feel free to let me know of any questions you might have in the areas of DUI law or criminal defense .
Here's an update on the 1300 DUI videos that were destroyed. At first Metro Nashville Police blamed ICOP Digital stating the software had a flawed update. Brian Haas of The Tennessean reported today on the company's response. Here is a copy of the letter that was sent to Metro Police Chief Steve Anderson. You can read the whole letter but here is the gist of ICOP 's position.
The loss of any files was not the result of ICOP’s action, but the result of your personnel and/or operating procedures.
ICOP blames Metro Nashville Police in it's open letter to Chief Anderson. While Metro Nashville Police blame ICOP. Here's Nashville police department's news release on the subject. It looks like a lawsuit waiting to happen.
What does this mean if you have a drunk driving case (DUI) pending in Nashville,Tennessee? First, the police have a duty to preserve exculpatory evidence in all criminal cases. The question then becomes whether the destruction was negligent or intentional. In Arizona v Youngblood, The United States Supreme Court held that the government's failure to preserve evidence only violates due process if the the defendant can show the government acted in bad faith. Tennessee has embraced this principle in State v. Ferguson which held in part....
If the proof demonstrates the existence of a duty to preserve and further shows that the State has failed in that duty, the analysis moves to a consideration of several factors which should guide the decision regarding the consequences of the breach. Those factors include:
1. The degree of negligence involved;
2. The significance of the destroyed evidence, considered in light of the probative value and reliability of secondary or substitute evidence that remains available; and
3. The sufficiency of the other evidence used at trial to support the conviction
So, while the loss of the DUI videos does not automatically mean a dismissal, it does give you some great leverage in handling your case.
Starting today, I will be posting a series of video blogs on one of the most important pieces of evidence in a Nashville , Tennessee DUI case. The Metro Nashville Davidson County Police Department uses a report called a 132 report in all DUI investigations. Other than a blood or breath test, the 132 report is the most critical document to review in a Nashville DUI case. I have broken down the report into sections for the discussion.
A drunk driving case (DUI) is a case of opinions. The police have an opinion that the defendant is impaired.Your client has a different opinion of their sobriety. How does a criminal defense attorney rebut the police officers testimony ? Witnesses may need to be called to attack the police testimony.Here's a list of potential witnesses a DUI lawyer should consider:
Remember , please interview these witnesses before a trial or hearing.One warning of this list of witnesses is the bartender.Use a bartender with caution.For example , the defendant is a regular customer of that bar does not bode well for an effective defense. Here's the problem testimony. "Joe comes in here all the time" said the bartender and " he never has more than six beers and four shooters." How fast can the jury say guilty.
Witness selection in drunk driving cases can be used effectively , but be careful.
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