Solich Drugged

OK first off I know a little about DWI's and DUI's because I do this for a living. First off before you can even pursue a DWI you have to have probable cause. Either being an alcoholic beverage emtting from his person and breath, blood shot eyes, slurred speech and such. Second you have them submit to a Field Sobriety Test. One leg stand, nine step walk and turn, and finally a Horizontal Gaze Nystagmus test. The one's where you can detect an odor of an alcoholic beverage are pretty much cut and dry. What I mean by this is since you can detect alcohol you ask for consent to have them take a chemical test of breath. For the one's where no odor of alcohol is detected but they still fail the field sobriety test you have what is called a Drug Recognition Expert conduct an evaluation of the subject. Almost all Police Departments have one, I know for a fact State Angencies do. He can determine if the operator of a motor vehicle is impaired by a narcotic of some sort. What I am saying is that Frankie was under the influence of alcohol due to the fact that no DRE was conducted. So inturn the officer had enough probable cause to believe the Frankie was DUI/DWI. It's pretty cut and dry! Like it was explained earlier, if he was truly innocent he would not have pleaded to no contest!Also if Frankie truly thought he was drugged he could of paid for a urinalysis or blood work to be done after he bonded out of jail to prove that he was innocent. Or alteast to help in his defense, but he did not do that!

So Benard, your conspiracy theory is BS!
I know it's probably pretty much the same from state to state, but that CAN vary from state to state. Can't it?

 
OK first off I know a little about DWI's and DUI's because I do this for a living.  First off before you can even pursue a DWI you have to have probable cause.  Either being an alcoholic beverage emtting from his person and breath, blood shot eyes, slurred speech and such.  Second you have them submit to a Field Sobriety Test.  One leg stand, nine step walk and turn, and finally a Horizontal Gaze Nystagmus test.  The one's where you can detect an odor of an alcoholic beverage are pretty much cut and dry.  What I mean by this is since you can detect alcohol you ask for consent to have them take a chemical test of breath.  For the one's where no odor of alcohol is detected but they still fail the field sobriety test you have what is called a Drug Recognition Expert conduct an evaluation of the subject.  Almost all Police Departments have one, I know for a fact State Angencies do.  He can determine if the operator of a motor vehicle is impaired by a narcotic of some sort.  What I am saying is that Frankie was under the influence of alcohol due to the fact that no DRE was conducted.  So inturn the officer had enough probable cause to believe the Frankie was DUI/DWI.  It's pretty  cut and dry!  Like it was explained earlier, if he was truly innocent he would not have pleaded to no contest!Also if Frankie truly thought he was drugged he could of paid for a urinalysis or blood work to be done after he bonded out of jail to prove that he was innocent.  Or alteast to help in his defense, but he did not do that!

So Benard, your conspiracy theory is BS!
I know it's probably pretty much the same from state to state, but that CAN vary from state to state. Can't it?
What can be different from state to state? I am not following you.

 
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Well the standard field sobriety test is standardized nation wide by case law and such. Dunno about Ohio's policy of having a DRE or not. All I know is that eventhough you can't detect any alcohol but he/she still fails the FST that person can still be arrested for Driving Under the Influence of Drugs or Alcohol. This is where the DRE comes into play. I do know that anyone can go to a hospital and get a test to see if they were drugged or not. They have to pay for it and it can be admisable in court they can enter into court for their defense. Hope that kind of explains it.

 
Well the standard field sobriety test is standardized nation wide by case law and such. Dunno about Ohio's policy of having a DRE or not. All I know is that eventhough you can't detect any alcohol but he/she still fails the FST that person can still be arrested for Driving Under the Influence of Drugs or Alcohol. This is where the DRE comes into play. I do know that anyone can go to a hospital and get a test to see if they were drugged or not. They have to pay for it and it can be admisable in court they can enter into court for their defense. Hope that kind of explains it.
:horns2

Thanks.

 
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