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Police Procedure To Drive: A Case Study

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The police play a big part in making roadways safer for everyone. One way they do this is properly administering various tests to determine if a driver is inebriated. One commonly used test measures the breath of a driver, determining the blood alcohol content of the individual. Another test commonly employed is a visual test that examines a driver’s eyes, and their ability to walk a straight line, referred to as a field test. These tests are used when a police officer suspects a driver of being inebriated. However, these tests aren’t fool proof. In fact, the following is an account of a real incident that took place where the normal procedures of determining impaired driving didn’t go as planned and led to a Tampa police officer being the …show more content…

A Tampa police officer, Matthew Belmonte, pulled over 73 year-old Ronald Ayers. Once he was topped, the police officer claimed Ayers had alcohol on his breath, was communicating with slurred speech and didn’t pass the field sobriety tests he was given. Consequently, Ayers was arrested and transported to county jail.
When Ayers’s blood alcohol level was tested once he arrived at the county jail, his blood alcohol level measured 0.000. A urine sample that he was given also determined there were no intoxicants present. This means that Ayers, although arrested for inebriated or intoxicated driving, was not in fact intoxicated. Eventually, prosecutors dropped Ayer’s DUI charge. The incident might have ended right then, expect Ayers decided he wasn’t happy just letting the offense go. He decided he should file a lawsuit against the accusing officers as well as the Tampa Police Department for malicious prosecution and false …show more content…

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What Caused Officers to Target Ayers?
The arrest report states that officer Matthew Belmonte observed Ayers make a right hand turn onto Gandy Boulevard at approximately 3 p.m. on February 3rd, 2014. His actions caused traffic going westbound to have to take evasive action. At the time of the traffic stop, Ayers was allegedly slurring his speech, had the odor of alcohol on this breath and presented with glassy and red eyes. Although Ayers had had a drink a few hours prior, it was not believed to be enough to cause him to have the smell of alcohol on his breath or cause the symptoms noted by Officer Belmonte.
How Did The Officers Make an Error About Ayer’s Condition?
Research has shown that field exercises, like those performed on 73 year-old Ayer, are not a reliable tool in indicating intoxication in older individuals. Instead, according to the suit, the officers should have called for a portable breath testing machine—which they didn’t--so they wouldn’t have arrested Ayers based only up his inability to successfully complete the field test. Admittedly, as stated above, Ayers did stagger and sway and fail the test given to him by the on-scene officers. However, the suit claims he only failed due to his age and the onset of dementia. The suit explains it like

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