Forced Field Sobriety Test: Constitutional or Not

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Are Forced Field Sobriety Test Constitutional or Not

On October 7, 2014 a bill was enrolled and presented to Governor Snyder which makes the refusal roadside field sobriety test screenings against the law and a civil infraction. The refusal of a “roadside field sobriety test screening” will get you a civil infraction that comes with a hefty fine. Prior to this law officers could not ask for a sobriety test screening unless reasonable cause is presented, however this prerequisite was often disregarded. This roots from the new language used in the law. Previously, preliminary chemical breath test  refusals were against the law, and now preliminary field sobriety test refusals are also. The new language does not require the appearance of intoxication, but simply the desire to detect if a person has indulged in a controlled substance or alcohol. The language set forth as follows:
 
(a) Alcoholic liquor.

(b) A controlled substance, as that term is defined in section 7104 of the public health code,
1978 PA 368, MCL 333.7104.

(c) Any other intoxicating substance, as that term is defined in section 625.

(d) Any combination of the substances listed in subdivisions (a) to (c).
 
Police officers need a warrant to search a person’s breath with a datamaster test if suspected to be intoxicated. However, they do not need a warrant to request a preliminary breath test and your refusal to take that test will result in a civil infraction. Questions arose in reference to a driver’s right against self-incrimination, and if the absence of a warrant violates that right, have yet to be seen. Questions are asked for potential situations were drivers refuse to take the field sobriety tests, and if these cases go to court, can these individuals refuse to be used as evidence before a jury?
 
Keep in mind that refusals to take preliminary breath tests as well as field sobriety test screening are only civil infraction that cannot lead to jail. if you do choose to take these sobriety tests the evidence can be used against you in a criminal misdemeanor or felony OWI/DUI.OWVI/DUID case and the penalties can be much more severe. Thus, at Rudoi Law we recommend never taking any field sobriety tests and just dealing with the civil infraction tickets.
 
If you or a family member is facing charges contact Rudoi Law today. At Rudoi Law we are experts in the logistics and science of Criminal Defense.

Micheal Phelps Races to Second DUI

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Police have reported today the arrest of Michael Phelps second DUI. Michael Phelps is an Olympic Champion Swimmer. He was caught for a twofold offense, excessive speeding and driving under the influence (DUI). The police officer reported a 2014 white Land Rover going over the speed limit by 39 mph in a 45 mph zone, and swerving across lanes in the Fort McHenry Tunnel in Baltimore, Maryland. The police officer’s statement concluded that Michael Phelps did not successfully pass the standard field sobriety tests. Michael Phelps cooperated during the process and was booked for his second DUI, and later was released after processing. Information was sought by reporters for comments if Michael Phelps would receive some type of disciplinary sanction. Nevertheless no calls, emails, nor messages were answered by his sponsor; Under Armour, Aqua Sphere, USA Swimming, or his representatives at Octagon. Michael Phelps is a renowned Olympian swimmer who earned 22 medals in total for the 2004, 2008 and 2012 Olympics.
 
Shortly, after the London Games Michael Phelps retired to only go back into training that following April. Questions on what was Michael Phelps’s intention for returning to training, Phelps responded by saying; “It’s good to have some structure back in my life”, “It’s something that I need…where I did whatever I wanted, and I’m happy to have this back”. Ultimately Michael Phelps was simply bored in retirement, and his first offense with law enforcement was in 2004, he received a DUI in 2009 for a photo at a marijuana pipe party. Michael Phelps faced repercussions ranging from eighteen months of probation up to suspension, on the other hand for this second DUI is still unclear.
 
Michael Phelps underwent a six week treatment program while updating his twitter feed stating “will provide the help I need to better understand myself”. The representative at the Octagon reported that Michael Phelps entered into a plea agreement in which will keep him from competing due upcoming competition straight through November. In spite of recent issues, Michael Phelps shows no sign of retirement, but has acknowledged a shift in difficulty in his daily life. Michael Phelps realized that his professional accomplishments has a different angle to view vs. his personal life, and this has rendered his personal life into a treatment program. Michael Phelps has been disappointed with what has taken place these last few weeks.
 
Michael Phelps, is a twenty nine year old man has had two DUI’s. Many people believe this stems from a high gambling behavior that has led to Michael Phelps drinking problem, and an increase in blood alcohol levels. Police officers reported that Michael Phelps eyes were red, and spoke with a syrupy mouth. If Michael Phelps gets convicted, he is facing up to a year of jail time, a one thousand dollar fine, and his driver’s license will be suspended for six months.
 
If you or a family member is facing a Second DUI charges contact Rudoi Law today. At Rudoi Law we are experts in the logistics and science of DUI Defense.


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