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
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These (cases) are perfect examples that.”
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
Upon my arrival, I observed a white male standing outside, Officer Welch then order the suspect to ground who was later identified as Kevin George Plato (Suspect). Mr. Plato had a moderate odor of an alcoholic beverage emitting from his breath at this time.
According to police reports, Mr. Jonathan Hartshorn was involved in a single vehicle non-injury accident when the vehicle he was operating rear ended another vehicle in the drive thru lane at 1212 S Rock Rd. Officers were called to the accident and made contact with Mr. Hartshorn, who had moved to 1219 S Rock Rd. Officer Reser made contact with Mr. Hartshorn and detected the odor of an alcoholic beverage on Mr. Hartshorn. Mr. Hartshorn also had slurred speech. Officer Reser had Mr. Hartshorn perform the sobriety tests, which he failed. Mr. Hartshorn submitted to a breath test which showed a BAC of
Newland provided four insufficient breath samples. This officer again read Newland the Indiana Implied Consent and she agreed to a blood draw. This officer completed the necessary paperwork and transported Newland to Southlake Methodist Hospital for medical clearance and a blood draw.
The suspect, Vernon Sindelar we were told, was under the influence of alcohol at said time, and over the legal limit with blood alcohol content of 14 percent.Witness report Sindelar driving a 18 foot motor boat with a 45 horsepower motor heading from the west toward Herwarth on an innertube in a head on collision.
Case Facts: Roy Caballes was stopped for speeding by an Illinois state trooper Daniel Gillette. During the traffic stop another state trooper Craig Graham of the Illinois State Police Drug Interdiction Team, overheard the stop on the radio and showed up to the scene with a narcotics detection dog. While the first trooper was writing Roy Caballes a warning ticket for speeding the second trooper walked around Roy’s car with the narcotics detection dog. The dog alerted that it had detected narcotics at the rear end of the car which subsequently led to the state troopers searching the trunk of the car. Upon searching the trunk of the car the state troopers found a large quantity of marijuana which consequently led to the arrest of Roy Caballes. The entire incident lasted no longer than 10 minutes. Roy Caballes was convicted of a narcotics offence and was sentenced to 12 years in prison and ordered to pay a $256,136 fine.
As I was explaining the test, he was swaying in a clockwise motion. Shawn then fell out of the starting position as I was demonstrating the test. After regaining his balance and getting back into the starting position, Shawn began the test. Shawn raised his left leg approximately “1” (inch) for three (3) seconds and dropped his leg. Shawn then lifted his leg again and immediately dropped it. Shawn then complained of pain and couldn’t complete test. I then terminated the test. Shawn was then advised he was under arrest for Driving while Intoxicated and placed into cuffs. The cuffs were double locked and checked for appropriate tightness. A search of his person was conducted and no contraband was found. The accused was then escorted over to vehicle #526, where I checked the rear seat for contraband, just as I had done at the beginning of my shift. Finding none, I secured the accused in the rear seat. The seatbelt was applied, the rear door was locked and I began my transport to police headquarters. Patrol vehicle #526 is not equipped with an in-car camera
Upon arrival, Officer Jimenez made contact with Gerald Hendricks (W/M-DOB11/19/1981). Hendricks was standing outside the residence. Upon contact, Officer Jimenez could smell a strong odor of alcoholic coming from Hendricks breath. Hendricks told Officer Jimenez that he got into a physical altercation with his wife Amber Anderson (W/F-DOB02/12/1982). Hendricks stated that his wife was inside the residence. Officer Jimenez observed that Hendricks had some scratches on his right shoulder. Officer Jimenez observed that
This is Mr. Hartshorn’s 1st DUI conviction; there are no others located in his history. Mr. Hartshorn accepts and takes responsibility for his actions that evening. Mr. Hartshorn does not believe he has a problem with alcohol. He states that he had been drinking twice a week but does not see it as a problem since he has stopped before. He advised that he has consumed alcohol since the incident, most recently around two and a half weeks ago. This was discussed with him in great detail. Based on the above information, his history, and what he reported, it is this officer’s opinion that there may be a need for a structured treatment program, and it would be a benefit to Mr. Hartshorn that he obtain an in-depth substance abuse evaluation.
Mr. Landaverde reported that he was alone at the time of the incident. Mr. Landaverde reported that he was stopped by a police officer. Mr. Landaverde reported that the police officer was following him. He stated that the police officer stopped him because he did not have his turning signal on. Mr. Landaverde stated that the police officer told him that his friend’s house was under surveillance. Mr. Landaverde reported that the police officer told him that he smelled marijuana in the car. Mr. Landaverde reported that the police officer searched his vehicle and found approximately four grams of marijuana. Mr. Landaverde reported that he was arrested at 11:57 p.m. Mr. Landaverde reported that he was in jail for fourteen to sixteen
What if there were a test that people could take and be able to determine if they had cancer or a disabling disease, and would someone believe the results if they were 77% accurate. Now just imagine that being a jury member on a driving under the influence trail and the prosecutor and the officer state with confidence and validated tests that the defendant is guilty, they like myself would want some proof. There are tests that are given to individuals that prove this aspect of a driving under the influence arrest. If a person is stopped by law enforcement for suspicion of driving while under the influence of alcohol or drugs they will be given three standardized field sobriety tests while on
When McNeely got stopped by the police officer, he had told the officer that he had drunken a couple of beers. After he didn 't pass many sobriety tests and
Elliott Watson was arrested for the possession of marijuana with the intent to distribute said illegal drug. Elliott Watson was stopped by Officer Timothy Johnson because of faulty mechanical problems of Elliot Watson’s vehicle, which was sputtering and stalling out, and the vehicle also fit the description of a vehicle, a sports coupe, that had earlier, was used to kidnap a three year old young girl, Wanda Jones,
Breathalyzer. A breathalyzer must be properly maintained and calibrated if it is to be effective. Many times due to manpower shortages, financial constraints, or simple laziness or negligence, these devices are not kept up to standards. In addition to the device being maintained, an officer's qualification on the device must be current. Even if both of these factors are found to be in place, an attorney may argue that there were mitigating factors such as vomiting, indigestion, or another medical issue that interfered with the proper administration of the test. If the officer did not accommodate for these circumstances, the results may be
Furthermore, they understand the factors that may compromise field sobriety tests and breath tests. Thus, it may be helpful for drivers who have been arrested for DUI to obtain legal representation. An attorney may question the accuracy of these types of tests, as well as whether their rights were upheld during the traffic stops that led to their arrests.
The driver was barely able to stand, much less able to walk a straight line. Even before the test was performed, the woman clearly seemed drunk and the attitude of the officer indicated that he knew this.