DUI Field Sobriety Test Questions

[uitvlugt]

Maryland
Officer 1 (arresting officer)
Officer 2 (other officer)

Like to know if there is any discrepancies with the following

During the FST (11:30 p.m. EDT):

1) Officer 2 was instructing officer 1 on how to do the horizontal gaze nystagmus (HGN) test and what to check for.
HGN was administered to the suspect by officer 2. A bright light was shone in the suspects eyes during this test.

2) Again officer 2 was instructing officer 1 on the walk-and-turn and the stand-on-one-leg tests and what to look for. Secondly both officers were giving the suspect verbal instructions on the walk-and-turn and the stand-on-one-leg tests. These instructions were given at the same time.
Officer 1 told the suspect to start the walk-and-turn test. The suspect started the test, then officer 2 told the suspect to stop doing the test. Officer 2 then went back to the police cruiser, got is camera, placed it on the hood of the cruiser, then tell the suspect to start the test over. The suspect failed the test and was arrested by officer 1.

3) Must the breathalyzer technician gave the suspect a copy of the breathalyzer print out? The suspect claimed he did not get one.

4) Officer 1 wrote and signed all the tickets. He also was the one who read the suspect his rights.
Thanks for your thoughts.

[THEAMAZINGCHAN]

what was the bac?

[Flyingcobra]

I am not a lawyer however I do know in order for you to have been given the tests the officer must be certified on the tests he gives. I would request the officers transcript to ensure he was infact certified before the date you had your incident. If he was in training as it sounds, then he was not yet certified in which case all you would need to do is show this and your case would be dismissed.

[cdwjava]

Maryland
Officer 1 (arresting officer)
Officer 2 (other officer)

Like to know if there is any discrepancies with the following

1) Officer 2 was instructing officer 1 on how to do the horizontal gaze nystagmus (HGN) test and what to check for.
HGN was administered to the suspect by officer 2. A bright light was shone in the suspects eyes during this test.

No apparent problem ... unless Officer #2 didn't know what he was doing.

2) Again officer 2 was instructing officer 1 on the walk-and-turn and the stand-on-one-leg tests and what to look for. Secondly both officers were giving the suspect verbal instructions on the walk-and-turn and the stand-on-one-leg tests. These instructions were given at the same time.
Officer 1 told the suspect to start the walk-and-turn test. The suspect started the test, then officer 2 told the suspect to stop doing the test. Officer 2 then went back to the police cruiser, got is camera, placed it on the hood of the cruiser, then tell the suspect to start the test over. The suspect failed the test and was arrested by officer 1.

No problem there ... again, provided the tests were given properly.

3) Must the breathalyzer technician gave the suspect a copy of the breathalyzer print out? The suspect claimed he did not get one.

I'm not sure if MD law requires this, but I doubt a procedural issue would have any effect on the charges at all.

4) Officer 1 wrote and signed all the tickets. He also was the one who read the suspect his rights.

That shouldn't be a problem.

- Carl