Principal charged with DUI
Even though two voluntary breath tests showed he had consumed no alcohol.
Even though two voluntary breath tests showed he had consumed no alcohol.
Remember, I do this to entertain me, not you.
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September 14th, 2011 at 9:58 am
As we used to say in the JAG business: if you live by the BAT, you die by the BAT.
September 14th, 2011 at 10:13 am
Say what?
September 14th, 2011 at 10:17 am
The results of the field sobriety test sound fairly consistent with someone who is taking some sort of CNS depressant, even if it isn’t ethanol.
I suppose the urinalysis will show if any “chemical substances” or other intoxicants were in the principal’s system. (FL DUI law)
On the other hand, the alleged smell on the principal’s breath could have been acetone, as you can smell coming out of a hyperglycemic diabetic in-or-approaching ketoacidosis.
I suppose that could be tested for from the urine sample as well, though I wouldn’t suppose that the sheriff’s office will do such testing on its own.
September 14th, 2011 at 10:50 am
I once had a law client blow .000 into the machine and get written up anyway. You could see on the ticket where the cop had scratched out the alcohol related information and had replaced it with drug related information, claiming that my client must be high on weed instead. In reality my client was guilty of DWB– Driving While Black in the wrong part of town at 1am. It was a pretty good shakedown, but I got the DWI trashed and he wound up paying an exorbitant fine for “improper lane usage”.
September 14th, 2011 at 10:53 am
Not one, but two breathalyser tests came up with nothing, but he failed the field sobriety test. Sounds like he ticked someone off.
September 14th, 2011 at 11:20 am
At 1:10 in the morning? The poor sucker was probably trying to get home before he fell asleep.
September 14th, 2011 at 1:35 pm
Followup: RHS principal vehemently denies DUI charge
“I truly wish I was at liberty to go into all the specific details of what happened, but at this time I am not able to do so,” he said.
Maybe he’ll try for the accidental Xanax defense.
September 14th, 2011 at 3:10 pm
Honestly. field sobriety tests are easy enough to rig so that you can’t pass.
September 14th, 2011 at 5:05 pm
You will ALWAYS fail the “field sobriety test,” do not take it. That test serves one purpose, to create a video record of a tired, frightened motorist trying to follow an authority figure’s confusing directions in the blinding glare of a patrol car’s lights. You will look confused and goofy. The officer will purposefully treat you like a retard and make you doubt your performance, even if it isn’t that bad. Everyone’s physical performance under stress is subjective, and the entire point of the test is to take advantage of that fact on camera. In the insanely unlikely event that your real-life identity is Brandon Banks, your agility level is off the charts, and you are able to walk backwards with both palms pressed together behind your back while reciting the alphabet backwards in French, that tape will never see the light of a courtroom. The video recorder will have been “inoperable” that night. What will ALWAYS be introduced into evidence is the police officer’s personal account that “there was an odor of alcohol” and you had “slurred speech” and/or “unsteady gait,” and it will be your word against the police.
In short, YOU WILL ALWAYS FAIL A FIELD SOBRIETY TEST. Never agree to take one.
(Sorry for the rant, but I don’t respect perjurers, so I have very little respect for police.)
September 14th, 2011 at 10:10 pm
@Some Law Talking Guy: Oddly enough, I am one of those guys. I think I really threw the cop off when I was doing what he was asking on uneven ground while staring him in the eyes. It was also obvious that it was starting to piss me off instead of intimidate me. I will have to say, there was no way your average guy could do what he was asking at 2:30 in the morning.
September 16th, 2011 at 2:37 pm
When the urinalysis comes back negative, he needs to sue them for official oppression. If alcohol breath test results are good enough to convict people, they’re good enough to acquit people. The government should not be allowed to pick and choose which breath test results they like. If nothing else, it would be interesting to get the DA’s expert on the stand to explain how the breath test results weren’t really right. Twice.