Friday, July 4, 2014

Why I Would Not Take Field Sobriety Tests

Most all of the California Highway Patrol cars have a video and audio recording systems in them. These systems are referred to as the Mobile Video Audio Recording System (MVARS).   These units start recording when the officer turns on the emergency lights of the patrol car, and capture one (1) minute prior to activation.  The units can also be activated by the officer by a unit on their person if they desire before the emergency lights are turned on.  Additionally, these units capture audio inside the car and from the officer unless the officers turns it off.  When they first got these units, the officers almost always used them to record a suspected drunk driver doing the Field Sobriety Tests (FSTs).  However, after lawyers started bringing these videos into court, a great many of the MVARS somehow started breaking down.  In fact, it got so bad that the Commissioner of the Highway Patrol put our an order that no one better get caught not taking care of this expensive equipment that we, the Citizens of California, are paying a lot of money for.  After this notice, there were fewer units that did not work.  However, where the officer use to put the suspect in a position to record the FSTs, they now, in most cases, move the suspect to the side of their car, claiming that the person would be in too much danger if in front of their car, and the FSTs are no longer being recorded.  So, why don't the officers put the person along side of their own car, move their car and position the MVARS to record the suspect doing the FSTs instead of having the suspect do them along side of the patrol car?  Because they don't want have to explain why the suspect does so well on the FSTs in most cases.  Now, it is just your word against the officers word, while they have the ability to record the evidence.  Don't forget, many other agencies have these units also; not all of them, but many.  Based on the fact that the police have the ability to record them, and don't, I would not take the chance on the officer's ability to evaluate the FSTs correctly without me having the ability to challenge them.  If I am not being recorded, and you really never know if you are or are not, I just would not take the FSTs, and I would make sure to tell the officer the following:  First, Officer, I am not going to take the FSTs because I want an OBJECTIVE TEST, and not a SUBJECTIVE TEST.  Second, if you are not recording my FSTs, I am not doing them, and I want to see the video in your car, and see that it is working.  Because I don't believe you are recording my FSTs and because they are not OBJECTIVE, will not take them.  In fact, the only test that I will take, and demand to take is a "BLOOD TEST".  Now, keep in mind you will be going to jail if you follow this advice, but you are probably going anyway, and now you only have one test to deal with in your defense.