For decades the same test has been used to convict drunk drivers.
Police ask a driver to stand on one leg, walk a straight line and recite the alphabet. If the driver fails, the officer will testify in court to help make a case for driving under the influence.
But defense lawyers argue, science has yet to prove that flunking the standard field sobriety test actually means that a person is high, the way it's been proven to measure drunkenness.
So, as attorney Rebecca Jacobstein argued to the Massachusetts high court, the tests shouldn't be allowed in evidence.
"If there's reliable science, reliable science gets to come in," Jacobstein argued. "It's just that unreliable science does not."
Prosecutors like attorney Michelle King don't agree. They argue that rapidly advancing science does prove field tests' reliability.
More
DelMarVa's Premier Source for News, Opinion, Analysis, and Human Interest Contact Publisher Joe Albero at alberobutzo@wmconnect.com or 410-430-5349
8 comments:
Good luck with that!
You are not required to take those tests in Md. You are required take breath or blood tests. Field tests are open to interpretation, you can lawfully refuse them.
Those tests HAVE been validated for drugs. It's part of the national Drug Recognition Expert (DRE) training that Maryland participates in. People need to educate themselves before believing ridiculous propaganda like this. One of the most effective tests for cannibis is the Romberg Balance Test which is part of the DRE exam.
Their BS field sobriety tests don't always work for alcohol either I'm way past 75yo and there is no way I can stand on one leg or even walk a straight line. Years ago I broke a bone in my right foot and I have a limp. About 10 years ago I stopped to see a friend and had 1 and one half beers and headed home. I was stopped for speeding and given that BS test and failed and I refused to take a breath test because I have heard they aren't reliable so I was fined and lost my license for 6 mo. There was no way I was drunk and I wasn't driving erraticly. If someone drinks a beer and 10 minutes latter they are stopped they will fail a breath test. I know a bunch of self righteous bastards are getting ready to condemn me but I really don't care they're probably democrats any way.
As I said earlier,always refuse field tests, but take the breath test if you know you are clean. And no, you will not fail after one beer.
1:15 was obviously drunk.
I recently gave up my MHIC license, as it proved to be more a liability than an asset. Funny, my phone is still ringing every day and my 8 year customers who know still recommend me to their friends. So, if I lose my license for 6 months, it doesn't mean I forgot how to drive, it just means I'm driving without a valid license.
Damned car still runs for some reason...
never should have decriminalized cannabis without proper testing equipment.
Post a Comment