Articles Posted in Field Sobriety Tests

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A New Jersey resident allegedly contracted MRSA after being forced to take a urine sample following her 2012 DUI arrest. She recently received $140,000 to settle her ensuing lawsuit against Ocean City, two police officers, Shore Medical Center, and two nurses. The case alleged illegal search and seizure, due process violations, malicious prosecution, negligence, conspiracy, excessive force, assault, informed consent, and battery.

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In the lawsuit, filed in New Jersey United District Court in July 2014, she claimed she was infected with the antibiotic and bacteria-resistant Staphylococcus aureus in July 2012 after being pulled over for DUI. She claimed that during her arrest, an Ocean City police officer attempted to administer several field sobriety tests. The driver claimed that she fell asleep in the car on the way to the police station, and the officer did not detect any odor of alcohol on her during the investigation or the ride to the police station.

The driver explained that she could not take a Breathalyzer due to her chronic obstructive pulmonary disease (COPD). She was then given 10 cups of water in an attempt to have her complete a urine test, but she was unable to urinate, the lawsuit said. She claimed that after being unable to provide a urine sample, she was taken to Shore Medical, where urine and blood samples were extracted without her consent. For the urine sample, nurses inserted a catheter, from which she claimed she contracted MRSA. An Ocean City police officer assisted with the catheterization procedure, leading to the infection, the case said.

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A defendant was charged with DUI and filed a motion to quash the arrest and suppress evidence.

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In August 2015, he was involved in a single-vehicle motorcycle accident at the intersection of Main Street and Crescent Avenue in Peoria. An officer of the Peoria police department responded to the scene and issued the defendant citations for improper lane usage, failure to reduce speed to avoid an accident, and DUI.

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The Illinois Court of Appeals for the Third District recently held that suspicion aroused by bloodshot eyes, unless confirmed by another factor (such as poor driving, stumbling, or an inability to communicate), does not rise to the level of probable cause that a DUI was committed. red eye

At the hearing on the defendant’s petition to rescind the summary suspension of his driver’s license, Officer Lopez testified that on the morning of the December 2014 incident, he observed defendant Anthony Day driving safely. Lopez pulled Day over because excessive noises were emanating from his exhaust system.

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The Washington Supreme Court recently held in Washington v. Mecham that the Fourth Amendment does not authorize a defendant to refuse a roadside sobriety test. In a divided opinion, the state high court held that a police officer may stop any motorist he believes to be inebriated and ask him to perform roadside tests such as standing on one leg, the “stop and turn,” and the horizontal gaze nystagmus, which tests eye movement. If the driver refuses, the district attorney is permitted to tell the jury that his refusal is proof of his guilt. red eye

Defendant Mark Mecham would not take the allegedly “voluntary” field sobriety tests after being pulled over in Bellevue, Washington in May 2011. The officer did not think Mecham was driving while intoxicated. Instead, he stopped Mecham because he was driving with an outstanding warrant, which the officer learned after looking up his license plate number. After stopping the defendant, however, Officer Campbell observed signs of Mecham’s inebriation and found a beer can in the vehicle. Officer Campbell then took Mecham to the police station, and Mecham refused a breath test.

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