on oct. 2nd 2010 i was arrested for 4th degree DWi in the state of minnnesota. when the arresting officer began to give me the field sabriaty tests he kept asking questions regarding my schooling for criminal justice. he asked me to count from 52 to 32 and in the process of me counting he kept asking me questions. i would pause to anwser the question and begen again after i anwsered the question. when he asked me to do the nine step test he again was asking me questions during the test. i feel that i was set up for failure during the tests. he then gave me the BAC test and after the test was complete he DID not show me what i had blown. when i got back to the jail they waited atleast an hour and a half before giving me another one. at the time of the traffic stop i believe in my mind and the experiance that i have had i was not impaired to drive a motor vehicle. when i asked why he stopped me in the first place he told me he stopped me for speeding which is probable cause but there is no record of me speeding. he never wrote me a ticket for it or showed me on his radar that he had caught me speeding. i believe that i was set to fail the test from the beginning. i also believe the officer was and is harrassing my family. a few months ago the same officer showed up at my mothers house where i live and arrested my mother for demestic abuse. my mother was no where near the fight and with that she won her case against the officer in question. he also when i was stopped threw my pack of cigeretts at my friend who was a passenger of the vehicle, hit her in the face with the pack of cigeretts. i know what im going to do but i need some assistance on how to proceed with the case.
1 Answer from Attorneys
There are quite a few questions in here, so I'm going to try and break this down a little.
1) The SFSTs - while going through the Standardized Field Sobriety Tests, officers are actually encouraged to ask questions while you are preforming the tests. The reason is to keep you distracted and to split your attention. If you would like to read more on the procedures, many of the NHSTA manuals's check out http://www.aschemansmith.com/dui-nhsta
2) The PBT (the initial breath test) - The officer is not required to show you the results of the PBT. It would be nice, and failing to do so might call in to question the results, but the PBT cannot be used in criminal court either way (it can be used for the civil cases though).
3) Waiting an hour and half before giving you the second test - Although waiting may seem like a bad thing, the delay would (in most cases) would cause a lower BAC.
4) Probable Cause for the stop - The officer is not required to show you the radar results, nor is the officer required to write you a ticket for the charge. This is a very common situation, the report that the officer writes will likely include the information about your speed as the reason for the stop. This can be challenged, but there is no proof of an improper stop based on the facts you presented in your question.
5) Officer Harassment - I'm not sure on the extent of the situation here - the fact that the officer had arrested your mom in the past doesn't show a pattern of harassment, nor does it seem that the situation with the pack of cigarettes would qualify to show harassment.
I would strongly encourage you to contact an attorney to discuss these issues in more depth and review the rest of the facts in your case. Feel free to contact our office if you have any further questions or concerns.
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