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The first few minutes of your Stop
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Police Mistakes in DWI Arrests |
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The legal limit for alcohol according to Massachusetts State Law
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A BrAC is not the same thing as a BAC
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General information about Massachusetts field sobriety tests
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MA Police Training Manual - OUI Stop Field Sobriety Tests
4. The San Diego SFST validation field study was
undertaken because of the nationwide trend towards lower the BAC limits to 0.08.
The question to be answered was “does SFST discriminate at BAC’s below
0.10”.
- Correct arrest decisions were made 91% of the
time based on the 3-test battery (HGN, WAT, OLS) at the 0.08 level and
above.
- The results of this study provide a clear
evidence of the validity of the 3-test battery. To support arrest decisions
at above or below 0.08, it strongly suggests that the SFSTs also accurately
discriminate BACs at 0.04 and above.
OVERVIEW OF NYSTAGMUS
Nystagmus
Attorney Note: Nystagmus tests have been ruled as inadmissible in Massachusetts courts
as evidence in OUI cases. -RJM
Nystagmus is defined as an involuntary jerking
of the eyes. Alcohol and certain other drugs cause Horizontal Gaze Nystagmus.
Categories of Nystagmus
There are three general categories of nystagmus:
1 Vestibular Nystagmus is caused by
movement or action to the vestibular system
A. Types of vestibular nystagmus:
- Rotational Nystagmus occurs when the
person is spun around or rotated rapidly, causing the fluid in the inner
ear to be disturbed. If it were possible to observe the eyes of a rotating
person, they would be seen to jerk noticeably.
- Post Rotational Nystagmus is closely
related to rotational nystagmus: when the person stops spinning, the fluid
in the inner ear remains disturbed for a period of time, and the eyes
continue to jerk.
- Caloric Nystagmus occurs when fluid
motion in the canals of the vestibular system is stimulated by temperature
as by putting warm water in one ear and cold in the other.
- Positional Alcohol Nystagmus (PAN)
occurs when a foreign fluid, such as alcohol, that alters the specific
gravity of the
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Call Russell Matson's cell phone to talk to a drunk driving / DUI / OUI attorney anytime at (781)380-7730.
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If you are charged with DUI/OUI in Massachusetts, call me now
for a free consultation at (781)380-7730 or
here.
Don't delay, I can help you!
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For a free legal consultation on your Mass DUI/OUI charge from Attorney Russell Matson, please fill out the form below:
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