I use to believe I was the luckiest kid in town, till I made the mistake of driving all the way to huntsville. which I've been forewarned about. I got pulled over for initially speeding, then the cop said he smelled alcohol on my breath which was buullshit. anyway, he only gave me a field test where I watched a pen cap with no difficulty at all, but he said my eyes gave off 6/6 indications I was influenced. I told him my eyes dilate all the time, and he said that wasn't it, it was something else in my eyes. what possible indications are there? downside, I admitted to drinking a beer at a friends 5 hours earlier, but that would've already gone through my system. he didn't actually record my alcohol levels, and thats the only thing I can think of thats going for me so I went to jail, charged with no license and a DUI for minors. the dui they gave me was a misdemeanor C, but I still don't want that on my record. though I'm getting a lawyer, so I need to figure out what angles I can fight this from. help?
He was checking for Horizontal gaze nystagmus......im an old school stoner that got into law enforcement for about 7 years in the 80s.....it was the family thing to do....alot of my family are still in law enforcement but it doesnt pay shit. No, I honest to god never busted anyone for weed. anyway....gaze nystagmus ( the quivering of the eye) will occur under the influence of alcohol, barbituates, or brain damage. the more alcohol.....the quicker the quivering starts from dead ahead gaze as you follow a pen from side to side. if he didnt do a PBT or the full blown breathalyzer at the PD get an attorney.....you can beat it. The test he gave you is just a field sobriety test. Remind me to tell ya about blazin one up in my lil brothers patrol unit.....he bout stroked but could'nt say shit cuz I taught tha lil fucker how ta roll back in tha day.
If it's for alcohol and he didn't breathalyze you should be able to get out of it since there's no real hard evidence there if all he did was the pen test. Also, you're probably entitled to see the notes that he took when he brought you in since it's considered evidence, but I'm sure your lawyer will take care of that. And at least you didn't get charged with the speeding too, right?
If you have an eye issue such as Holmes-Adie's syndrome Handbook of Ocular Disease Management - Tonic Pupil Getting it documented would help get the field test thrown out. Talk to your lawyer. Untitled Document