Comments on DWI Blog Review | Austin DWI Lawyer

lingamer8@yahoo.com (DUI Blog) — Sun, 31 Dec 2006 18:31:16 -0600

I hope my Finger to Nose post was not misleading. That field sobriety test is used quite often by the Seattle Police Department for DUI investigations.

My comment that the Finger to Nose field test is not one of the Standardized Field Sobriety Test is accurate. Standardized Field Sobriety Tests

This does not mean law enforcement agencies do not use this test. It merely points out that the Finger to Nose test did not produce the results necessary to become a Standardized Field Sobriety Test.

jspencer12@austin.rr.com (Jamie) — Sun, 31 Dec 2006 23:06:14 -0600

I don't think your post was at all misleading. My point was (supposed to be) this: in Texas, I can probably get the results of that test supressed, or at least I can argue it should be. As a result, its usually less experienced DWI officers that ask folks here in Austin to perform that test.

The less experienced the officer, potentially the better case for my client.

(I wouldn't have linked to your post if I didn't think it had value. Heck, I have a picture of a guy actually doing the Finger to Nose in the template of this blog!)

lingamer8@yahoo.com (DUI Blog) — Mon, 01 Jan 2007 12:55:38 -0600

Just as I left the practice of law to play with computers, Washington State made a new DUI law. RCW 46.61.506. This makes it virtually impossible to keep the breath test ticket out of evidence.

It was argued in the Supreme Court that the provision directing courts to admit the evidence no matter what as a separation of powers violation. Our wonderful elected Supreme Court ruled they did not have a problem with such legislation. Unless someone finds a way to get it up to the Federal level, the defense bar here has tough battles in court.

Great blog by the way.