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Friday, February 11, 2011

Everett Lynnwood Snohomish County DUI Attorney: Video proves Trooper fails to follow NHTSA protocol

Everett Lynnwood Snohomish County DUI Attorney: Video proves Trooper fails to follow NHTSA protocol

In reviewing a video today from a local Snohomish County Washington State Trooper, it reminded me how the law can be fudged. The Trooper requested the driver to perform the walk and turn test, one of the three standardized field sobriety tests.  In doing so the Trooper did several things incorrectly.  First, he had the driver stand in the beginning position prior to even giving instructions.  This is wrong.  Also, what happens when this occurs is that by the time the subject is ready to begin their legs are fatigued from standing in an unusual and unnatural position for about a minute.  Second, it gives the opportunity for the driver to stumble out of position because he/she has to stand in this one position much longer than NHTSA advises.  Third, the driver did the first series of 9 steps, turned, paused – and then during the 2 second pause the Trooper stopped her and didn't allow her a second pass (and marking that down as an observed clue).  Unfair, sneaky and slick, real slick.  Why is law enforcement not following the rules?  Honestly – please do things right!  That is all we ask – please do things right!

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