DUI Defense Tactics - Use the Sobriety Tests to Defend Your DUI
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- čas přidán 3. 08. 2024
- Using the sobriety tests is part of DUI defense tactics your criminal defense attorney can use to fight your DUI arrest. We use the DUI investigation against the police! For more information about defending Bryan-College Station DWI charges, visit www.gustitislaw.com
Other Videos in this Series:
How Do Police Investigate a DWI? ( • DUI Defense Tactics - ... )
Using the Vehicle in Motion Phase ( • How to Use the Vehicle... )
Using the Personal Contact Phase ( • How to Use the Persona... )
How to Defend Breath Tests ( • DUI Defense Strategies... )
How to Defend DUI Blood Tests ( • DUI Defense Tactics - ... )
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About This Video:
In this video, Stephen Gustitis discusses how your DUI lawyer can use the field sobriety tests to defend your DUI arrest since the police are so biased in favor of making these DUI arrests. Steve is a Texas Board Certified Criminal Defense Attorney practicing in Bryan-College Station, Texas. He has more than 27 years of experience in the field of criminal law and DWI defense in Brazos County and surrounding areas. His videos cover a wide range of the best DUI defense tactics and DUI defense strategies. #duidefense #gustitislaw #duiattorneys
ተባረኪ አሜሪካ ከመጣሽ እናገኝሻለን ህይወትሽ በክብር በፍቅር በሞገስ ይሁን ቤተሰብሽን ሁላችሁንም እግዚአብሔር ይጠብቃችሁ
I WILL NEVER BE MEAN TO ANOTHER PERSON AGAIN IM SO SORRY MAN FORREAL YOUR A GREAT PERSON. AND I REALLY DO THANK YOU.
You are welcome. Good luck and thanks.
Last night I got my third dui I think…. Didn’t do the tests… what should I do….
Weather conditions can also play a very large role in your performance on an fst. If the wind is blowing 20 mph out of the north and it’s a 10° night, you’re probably not going to be able to perform as well as you could if it were sunny and 72°.
That would also be an excellent point to cover in cross-examination, Keith. In fact, environmental conditions are mentioned in the FST manual. Thanks for commenting and visiting the channel!
I sure hope so.
Mr. G. good to see you again! You look great! I wish first to tell your audience how much your videos contributed in saving my life by thier content , AS WELL AS THE COURAGE AND MOTIVATION they initiate. I have watched practically all of your videos but coincidently looked for one concerning this very subject. Immediately it shows the mediocre performance of most lawyers yet again.
My situation is this. I have been charged incorrectly with DWI..per case net when it should have been refusal to blow or Field sobriety test.
They admit error and thru the mail I got a corrected form stating the correct charge as I have told my questionable lawyer. More more specifically, I have a CDL.... YEA I KNOW. But it's not that bad just a little worse than non CDL. (I hope)..
MY SITU, as I will call it, is I was being tailgated in my bobtail going for repairs and whipped over from the bright lights onto the shoulder. As you so eloquently state, devided attention kicked in ( excellent term Mr. G), and my right steer tire slipped off the pavement onto a soft shoulder no guard rail, and yup the shoulder collapsed and sucked me into the deep ditch incurring damage to the truck, insured of course, and $1000 deductible was deducted probably illegally from my of course terminated last employee chk. So I paid my dues..of course witnesses called P.D. (no one hurt)..
In short I refused to blow and dance the FST politely. Very windy nite, but officer was sniffer dog equivalent on alcohol scent I guess.... I denied drinking of course but should have said absolutely nothing as thiers (P.D),and EMT questions were well scripted. Yes EMT'S will get in on the act consciously or at urging of P.D. so don't answer them either unless you need to or want that reply to be used for your advantage not thiers . Officer reported me being confused as to answering questions. Ahem I am hearing disabled legally, with waiver as proof so probably didn't hear him in the again, wind. Also reported I seemed lost. Well both truck and phone GPS were rendered useless by bad signal so yes I was lost in a strange town and area. So I bailed out, lawyered up and recieved an open container ticket I didn't know my son had left it in the truck ( passengers are legal for such in Misouri) and The incorrect DWI later corrected to refusal to blow and step. ( not corrected in case net and probly not on docket either either). Perhaps this is a good thing. No video or pics obtained by my guy no doubt probly deleted by now after continuance or two. Perhaps these two mistakes are an advantage? As in P.D
Improper paperwork and no video or accident scene picture proof? So far 1st. plea is drop open container ( misdemeanor b) to disturbing the peace ( also a misdemeanor b but a little bigger fine). This is a lousy if non existent reduction in a weak case with no evidence in pics or videos or BAC and FST . I would be willing to surrender my CDL If that would help plea bargain, as trucking is a lousy career now exept for seing the country and the solitude. Too regulated, too long hrs. Too much punishment etc. Planning to move to the philipines and hopefully the consulate will not stop me over this. Hey I'm 65 retired, lost my job ,so what. I'd be tempted to sit it out in jail now that they wiped me out but we'll see. So thx for any ideas cuz as usual sure looks like lousy negotiations so far. I think I should go to trial , no doubt the $1500 I paid so far won't cover that. If not new lawyer time cut he's not getting me anything I could have gotten on my own...
Thx Mr. G fir suggestions. Still would like to visit you guys someday dinner on me or even paid consult.. maybe you can take hourly fees for coaching from afar?
Lol. I’m not a legal coach, but I am pleased my knowledge has helped you. If you are in trouble, you need a defense attorney of your own. I appreciate your kind words and your visit to my Channel.
Got one Mr. G ..not impressed but I saw a saying the other day
It was "Beat your case nit your lawyer" So I try to keep that in mind.. I can't believe the plea bargain is worse than the original charge lol ..P A. offered disturbing the peace in place of open container. What a guy.. both are misdemeanor B's but the fine is higher for the plea bargain offer. So WE FIGHT....found out lawyer didn't even get body cam yet to see if copper searched without consent. Research revealed city clerk recd. Request by my lawyer but lawyer did not receive it his girl said..sure wish you lived around here. I get the feeling there's not much hope on a DWI with the weak lawyers we have here, but I'll fight till the end. Hopefully no jail time but a few days? , I don't care..6 mos. Max. ? Maybe not so much lol..I'm betting that the punishment will be the same whether I plead guilty or fight it. I can't see the P. A. and judge making it any worse. Thier already looking to effectively end my CDL career and snag a ton of money and years of probation, community service, classes. Can't get much worse unless they put me in jail for long.. The jails here are out of control. The prisoners are running them and Sherriffs and staff are negligent causing people to get attacked and crippled up. 2.5 million law suit as we speak for our local house of horrors. Any way Mr. G , ENUF babble . You are a great man. Most lawyers are pompous selfish people. You set example of how a lawyer should be. To bad we can't get a reality show. You'd make a good actor. You remind me of Dragnet lol. Ttyl God bless Mr. G for helping so many people. I can only imagine how many people's lives you've saved and helped..
@@ronadkins8848 I really appreciate your kind words for me. I wish you the best in your difficult situation. I hope you can resolve it in a way you can live with. Good luck.
I really need to know what I need to be doing. Dui controlled substance
Hiring a criminal defense attorney for drug DWI defense.
1. Don’t drink and Drive 2. Refuse the test
Thanks for visiting and commenting on this thread. Hopefully, your thoughts may help others.
What if a 22 year old plead guilty under the advise of a public defender then late approximately a year later discovered he never refused according to the officers report but yet hot his license suspended for a year n a half? Is it to late to do something about it?
Since I don’t know what your state law is related to procedure and appeal, it’s impossible for me to answer your question.
If policemen say you consent to a sobriety test and you deny but accept take take a breathalyzer and pass must you take the test? And if so and the cop writes defendant agreed to a test in the report will she get away with it
You are required to do anything. However, deciding to perform sobriety tests can sometimes help your lawyer defend the case.
The cop said I did the test better than he ever seen, but still arrested me..?
That’s what they do. Their endgame is not the sobriety tests but the blood or breath test. Plus, how do you know he was telling you the truth?
@@GustitisLaw So it doesn't matter how well you do the field sobriety test ?
@@russpeaknuckel9525 If you’ve been drinking they will always find a reason to arrest you and chemically test you. What was the result of your chemical test?
BAC a little over double the limit
@@russpeaknuckel9525 It appears the cop was right. I wish you the best in defending your case.
IM SO SORRY THAT WAS ME
If you have a question, I'd be happy to answer it.
DO NOT SUBMIT YOURSELF TO ANY TESTING.....................THEN YOU CAN ONLY BE CHARGED WITH WRECKLESS DRIVING
In many states, if you don't submit to chemical testing they obtain a search warrant and take the sample from you. I disagree with your comment. Even if the prosecutor did not have a chemical test, they could still prove the person lost the normal use of their mental or physical faculties.