In
late 2012 a client of mine was charged with a DWI with a fatality. The police
indicated that my client had Red Glassy Eyes and the Odor
of an Alcoholic Beverage on his breath. Three SFT (Standard Field
Sobriety) test were administered to the Defendant; the Finger to Nose,
Standing at Attention, and the Nine Step Walk and Turn.
The police claim that positive clues for intoxication resulted from these test.
The Defendant also agreed to take a PBT (breath test) which allegedly showed
alcohol in his system. The Defendant was arrested and brought for blood testing
immediately thereafter. The results of two separate laboratories testing the
blood? No alcohol or drugs in the Defendant's blood. That bears repeating. Zero
alcohol in the Defendant's blood.
As
a result of the blood testing done by the Nassau University Medical Center all
charges against the Defendant were dismissed by the Nassau County District
Attorney's Office.
So
the question remains. How is it possible for a Nassau County Police Officer to
swear that the Defendant had all the signs of intoxication, yet have no alcohol
in his system?
Was
the officer mistaken, lying, looking for overtime? I don't know the answer,
perhaps we will never know. But what we do know is that just because a Police
Officer indicates that a person has Glassy Bloodshot Eyes, the Odor of an
Alcoholic Beverage on their Breath, and claims clues of intoxication from Stand
Field Sobriety Testing, that doesn't mean that the person (Defendant) was
actually intoxicated. In fact in some cases the Police are 100% wrong, despite
the fact that they are trained to detected intoxicated drivers.
Just
because a Police Officer swears that a driver is Intoxicated doesn't make it
true. (See the police report and dismissal documents directly below. Published
with the consent of the Defendant.)
