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His Lawyer tried all the trade craft: was the breathalyzer calibrated that day (yes) Was the Officer TRAINED to calibrate (yes) had the Officer had experiance in the DUI arrest Procedures (over 270 arrests, IIRC)
Just Jim, the arresting LEO had Five years of Patrol, he spoke of the number of DUI's in Five years. I failed to make that clear, but Florence, Is a drinking town... And the number is not so large...
Also, as an example, When arriving at an auto accident, at 1:00AM, Chances of DUI increase... In this arrest was made near Midnight...
The off duty Reporting Officer, on the other hand, was Brand New... And was grilled by the defense lawyer, why he felt inclined to call in ... Did he have a "super hero" complex???
His Reply was something like, "the defendents car crossed the white line three times, as he approached me, I would have called it in as just a concerned citizen." The new officer had his Wife, and Two children in his car, and care, their safety was endangered by the DUI Driver.
By the way, it take at least an hour Plus, to drive that distance under normal daytime speeds, night time should slow them down, deer and blind corners alone... So his BAL had Dropped during that drive home!
If you want some interesting statistics on accidents & DUI, look at Highway 126, from Eugene to Florence... it is a horrific highway to drive.
I have lost close friends to accidents involving DUII, both being the Cause of, and the Victim of Under the Influence.... On That Highway....
But I am sure, there are LEO's who might strive to look for DUII Drivers, and crank out tickets like you suggest....
This, in my Opinion, was not one of them, and had I mentioned the man's job, and how much farther he had to drive... It would be of more concern. For Highway 101, North & South of Florence is DUI Driving Central.
In short, it was a valid stop, and... As I put in my bottom line.... His rights stop at my nose.... Had I been just average Joe Citizen, with that car crossing the white lines... I Would Have Called it In....
And have done so, several times.
Drive with a beer bottle in ones hand near me, and I will take the Data, and dial 911, it Is an Emergency, to take one off the road...
I did say my Nose was Polish...
philip
You might make the attys look bad...... I assume they dont want someone like me influencing the rest of the jury with actual knowledge.