DUII TASK FORCE Drunk

Field Sobriety Testing THE

Field Sobriety Testing - Law Firm Peter J. Peaquin Attorneys Seattle, Washington 720 3rd Avenue Suite 2015 Seattle, Washington 98104 phone: 206-633-3000 fax: 206-467-3152 click here to email us Field Sobriety Testing THE ROADSIDE TESTS ARE VOLUNTARY AND SHOULD BE REFUSED Want to help the police officer build a DUI case against you? If so, take their tests in ignorance. Want the real truth? Then protect yourself and read on. "Field sobriety testing" (or FSTs) as practiced on the city streets and highways of Washington State is not an effective indication of a persons level of intoxication. There are no conclusive studies linking the results of any field test to legal intoxication. The best studies show less than an 80% rate of accuracy. Only three of the tests available to officers have been given any shroud of "scientific" legitimacy by the National Highway Traffic Safety Administration (NHTSA). These tests are: The Horizontal Gaze Nystagmus Test The Walk and Turn Test The One Leg Stand Test All other tests are not validated in any official way. In fact, many of the tests involve closing your eyes and balancing. Without a visual frame of reference, no "balance" test can honestly claim to measure sobriety or intoxication. Therefore, tests such as the Finger to Nose Test, and the Rhomberg Balance Test should be avoided. Other tests, such as counting or saying the ABCs backwards, counting ones fingers, or playing "pattycake" have no correlation whatsoever to ones ability to operate a motor vehicle safely. Officers regularly testify that FSTs are gauged to measure "divided attention." For instance, when you drive, you must divide your attention between several tasks, such as steering, breaking, navigating and signaling. The theory is that alcohol impair one's ability to divide attention. You have the absolute right to refuse to submit to field sobriety testing. If you decide to take the tests, the officer cast his/her own interpretation of your performance on your case. Keep in mind that the officer is already investigating you for DUI, and in all likelihood will arrest you even if you take the FSTs. THE DRAWBACKS OF REFUSING THE TESTS: Contrary to common misunderstanding, refusing the submit to field testing will not result in the suspension of your driving privileges (unless you are on probation and/or have another case pending in which a Judge has ordered you not to refuse to take the tests). The biggest drawback of refusing these tests is that the prosecutor will argue that you refused out of a "consciousness of guilt." The prosecutor will try to make the Jury believe that you didn't take the tests because you knew you were drunk and would fail them. The other major drawback is that the officer will probably arrest you right away. Usually, this just speeds up the inevitable. The officer might also threaten that if you don't take the tests, you will be booked into jail. If threatened, generally it is okay to do them, just let the officer know that you are cooperating out of respect for him/her and politeness, and that you are doing so under protest. That way, your DUI attorney can later make a motion to suppress the tests because they lacked your voluntary consent. CONCLUSION: As a general rule subject to very few exceptions, I recommend that you politely refuse to take the tests. If you have been accused of Driving Under the Influence, DUI, in Western Washington, including King County and the Cities of Seattle, WA, and Bellevue, Snohomish County and the City of Everett, and Pierce County and the City of Tacoma, please contact us today for a free consultation . Disclaimer: The information contained in these pages is to educate; therefore, nothing in these pages should be relied on as legal advice. Consult a qualified DUI defense attorney. Additional disclaimer information. Home | Firm Overview | Client Comments | FAQs | Practice Areas | Contact Us | Free Consultation 30-day Deadline | Preserve Your Rights | License Hearing | DUI Penalties | DUI Law | DUI Court Process | 10 Tips Newsletter | Latest Legal News | Directions | Disclaimer | Site Map

DUII Klamath County District Attorney's Office Edwin I. Caleb, District Attorney DUII KLAMATH COUNTY DUII TASK FORCE Drunk Driving is the Nations Most Frequently Committed Violent Crime . - Each year over 20,000 Oregonians are seriously injured in traffic crashes and over 500 are killed. Almost 50% of those deaths & injuries are ALCOHOL RELATED . - In the past decade, 229 traffic deaths occurred in Klamath County. 87 of the 229 were ALCOHOL REALTED . - ALCOHOL USE is the #1 drug problem among our youth. EIGHT (8) YOUTH die each day in ALCOHOL-RELATED crashes in the U.S. - Drivers under the age of 19 die in vehicle crashes at twice the rate of the rest of the population. - In Oregon, between 100-200 lives could be saved if everyone would BUCKLE UP and BE RESPONSIBLE! DUII TASK FORCE ACTION PLAN * REDUCE ALCOHOL RELATED INJURIES * REDUCE YOUTH FATALITIES * REDUCE DUII FATALITIES * TO BELIEVE LIFE IS PRECIOUS PURPOSE The Program was implemented in the Summer of 1984 by our current District Attorney Edwin I. Caleb. The purpose for which the DUII Task Force was formed was to establish and maintain a healthy community, and to reduce DUII related fatalities and serious injuries due to the intoxicated driver, through education, prevention information and to encouraging people to make The Right Choice. HOST LIABILITY You can be sued at your party for serving alcohol to intoxicated guests who later leave and injure/kill others or themselves. If the party is on your property, you can be sued as an occupier. Licensed establishments can ALSO be sued. The Klamath County DUII Task Force is involved in the following Activities: - DUII Victim Impact Panel is a panel of victims of alcohol related accidents. Offenders who have been charged with an alcohol related crime are required to attend the DUII Victim Impact Panel and listen to the victims of those accidents on how the offenders criminal conduct has affected their lives. - TEEN Impact Panel is a panel of teen victims of alcohol related accidents. Teen offenders who have been charged with MIPs are required to attend the Teen Impact Panel to listen to the teen victims share how the alcohol related accident has affected their lives. - Classroom Presentations are being done in our local schools throughout the school year to inform our youth on the dangers of alcohol and not wearing seat belts. - Annual Youth Safety Fair has a display and presentation done by the DUII Task Force every year. The Task Forces goal is to reach out to all youth on the consequences of alcohol use and their responsibility to make safe choices. - Readerboard Projects are done throughout the holidays to inform out community to NOT Drink & Drive. - Local Fair/Mall Displays has educational information about the DUII Task Force and how YOU can take part in keeping Klamath County safe. - Operation Graduation is a program that organizes alcohol free graduation parties for our local high schools. - Crime Prevention is what the District Attorneys Office and DUII Task Force focus on. The DUII Task Force is available not only for educational purposes, but to STOP Drinking & Driving in Klamath County. - BLOCK HOMES Program is a group of safe homes in the community where children can go for emergency assistance or to report that they need the assistance of law enforcement. - Alcohol Abuse Demonstrations is a public demonstration that will show you first hand how your driving becomes increasingly impaired after drinking alcohol. - Victim Support Groups are available through the DUII Task Force. - Annual Red Ribbon is a red ribbon that is supplied by the DUII Task Force for you to display on your vehicle to make the public aware of OUR fight to stop drinking and driving. - Annual Candlelight visual is the lighting of candles done once a year to honor the victims of alcohol related accidents. - TOW FOR LIFE is a courtesy provided by our local tow companies for those individuals who have had too much to drink during the holidays. Links to: Homicides Property crimes Animal abuse Support enforcement Crimes against kids Drug crimes Domestic violence Victim Services Crimes of violence DUII Elder abuse Prevention effort s Other Links: TELEPHONE DIRECTORY COMMUNITY PROSECUTION & INVOLVEMENT CONTACT US Back to Home Page

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DUI Schools in Wisconsin › Free Consultation Find a DUI LAWS Lawyer :: Select Your State :: Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada New Hampshire New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virginia Washington Washington DC West Virginia Wisconsin Wyoming › About 1800 DUI LAWS › DUI Laws by State › DUI Arrests by State › Drinking and Driving › Your First DUI › DUI Drugs › DUI Laws Dictionary › BAC Calculator › Field Sobriety Tests › Driver License › The Science › Breathalyzers › Jail Alternatives › Ignition Interlock › Criminal Courts › Designated Drivers › DUI Insurance › DUI Schools › Tell a Friend //-- › Order Your DMV Record › Link to DUI LAWS › Contact Us › Why Expungement? › Expungement 101 › Felony Expungement › Rehabilitation & Pardon › Case Evaluation › Traffic School Info › About The Content › About The Quizzes › About The Final Exam › Student Comments › DUI Chat › For Attorneys Only › Website Development WISCONSIN General Information: Following conviction, all offenders receive a mandatory alcohol assessment/evaluation to determine the nature and extent of their alcohol problems. The offender must pay for the assessment. The following directory listing of Wisconsin certified mental health and substance abuse treatment facilities has been provided in several formats for your convenience. Choose from the following: Wisconsin Community Substance Abuse and Mental Health Program Certification Directory (.pdf 589k) * Browse Directory of Wisconsin Certified Facilities Online . *This document is in PDF format. You will need the free Adobe Acrobat Reader software to view the document. Adobe Acrobat Reader software can be downloaded from www.Adobe.com BEWARE: Completing an alcohol program may not satisfy the DMV. That is just one reason why it is critical that you consult with a lawyer in your area that concentrates on DUI / DWI defense. Select the county or scroll down to find a Wisconsin Community Substance Abuse and Mental Health Program Certification Facility in your area. :: Select the County :: Ashland Barron Bayfield Brown Buffalo Burnett Calumet Chippewa Clark Columbia Crawford Dane Dodge Door Douglas Dunn Eau Claire Florence Fond Du Lac Forest Grant Green Green Lake Iowa Iron Jackson Jefferson Juneau Kenosha Kewaunee La Crosse Lafayette Langlade Lincoln Manitowoc Marathon Marinette Marquette Menominee Milwaukee Monroe Oconto Oneida Outagamie Ozaukee Pepin Pierce Polk Portage Price Racine Richland Rock Rusk St. Croix Sauk Sawyer Shawano Sheboygan Taylor Trempealeau Vernon Vilas Walworth Washburn Washington Waukesha Waupaca Waushara Winnebago Wood Directory of Wisconsin Community Substance Abuse and Mental Health Program Certification Facilities by county. Name Address Phone Ashland Ashland Area Council on AODA, Inc. 206 6th Ave. West Suite 213 Ashland, WI 54806 715-682-5207 Behavioral Health Services of Memorial Medical Center 1635 Maple Ln. Ashland, WI 54806 715-685-5400 Karla M. Braski, MSSW 310 Stuntz Ave. Suite 209 Ashland, WI 54806 715-682-2007 New Horizons North / Community Support Program 511-1/2 W. Main St. Ashland, WI 54806 715-682-7171 Northwest Counseling & Guidance Clinic-Ashland Day Treatment 630 Sandborne Ave. Ashland, WI 54806 715-682-4085 Barron Top Barron-Washburn Community Support Program 1443 E. Division St. Barron, WI 54812 715-537-3132 Northwest Regional Center 1110 7th Ave. Cumberland, WI 54829 715-822-6135 Northwest Regional Center Behavioral Health Clinic (Div of Cumberland Mem) 1150 6th Ave. Cumberland, WI 54829 715-822-6169 ABR Counseling Services 12 W. Marshall St. Suite 100 Rice Lake, WI 54868 715-234-3301 Marriage and Family Therapy ServicesMedical Arts Building 1035 N. Main St. Rice Lake, WI 54868 715-234-4313 Bayfield Red Cliff AODA Program/Mishomis House 88385 Pike Rd. Hwy 13 Bayfield, WI 54814 715-779-3741 Red Cliff Mental Health Program 88455 Pike Rd. Bayfield, WI 54814 715-779-3707 Bay Area Mental Health Center 101 Thompson Rd. Washburn, WI 54891 715-373-2233 Harbor North Counseling 14 E. Bayfield St. Washburn, WI 54891 715-373-0480 New Horizons North-Community Support Program 100 W. Bayfield St. Washburn, WI 54891 715-373-5505 Brown Top Quality Addiction Management - QAM 2979 Allied St. Unit C Ashwaubenon, WI 54304 920-983-6600 Bellin Behavioral Health - DePere 1800 Lawrence Dr. DePere, WI 54115 920-983-3220 Bellin Behavioral Health -East DePere 555 Red Bird Cir. DePere, WI 54115 920-338-6830 Employee Resource Center, Inc. 1511 W. Main Ave. Suite 100 DePere, WI 54115 920-403-7600 Pathmakers, Inc. 1861 Nemitz Dr. DePere, WI 54115 920-336-0493 Buffalo Marriage and Family Health Services, Ltd. 250 Buffalo St. Mondovi, WI 54755 715-926-5886 Burnett St. Croix Tribal Mental Health / AODA Clinic Angeline Ave. & Hwy. 70 Hertel, WI 54845 715-349-2195 Counseling Associates Inc - Siren 24996 State Rd. 35 N Siren, WI 54872 715-349-8575 Northwest Counseling & Guidance Clinic / Northwest Community Support Program 7670 Johnson St. Siren, WI 54872 715-349-2829 Northwest Counseling and Guidance Clinic 7670 Johnson St. Siren, WI 54872 715-349-2829 Calumet Top Calumet County Department of Human Services 206 Court St. Chilton, WI 53014 920-849-1400 Nelson Family Clinic, LLC 308 W. Main St. Hilbert, WI 54129 920-853-3444 Chippewa Chippewa County Guidance Clinic 711 N. Bridge St. Suite 122 Chippewa Falls, WI 54729 715-726-7788 Council on Alcohol & Other Drug Abuse, Inc. 404-1/2 N. Bridge St. Chippewa Falls, WI 54729 715-723-1101 L.E. Phillips Libertas Center 2661 County Trunk I Chippewa Falls, WI 54729 715-723-5585 Marriage and Family Health Services, Ltd. 405 Island St. Chippewa Falls, WI 54729 715-726-9208 Marshfield Clinic - Chippewa Center 2029 County Hwy. I Chippewa Falls, WI 54729 715-720-9988 Clark Clark County Community Services 517 Court St. Room 503 Neillsville, WI 54456 715-743-5208 Clark County Community Support Program W4266 State Hwy. 29 Owen, WI 54460 715-229-2172 Columbia Top Aspen Family Counseling 625 East Slifer St. Suite 2 Portage, WI 53901 608-742-5020 Columbia County Community Support Program 2901 Hunters Trail Portage, WI 53901 608-742-5344 Divine Savior Hospital 1015 W. Pleasant St. Portage, WI 53901 608-742-4131 Pauquette Center for Psychological Services (Community Service Assoc., SC) 2901 Hunters Trail Portage, WI 53901 608-742-5518 Poynette Counseling & Psychotherapy Associates, Inc. 415 N. Main St. Suite 3 Poynette, WI 53955 608-635-2146 Crawford Crawford County Community Support Program / Crawford County Human Services 111 W. Dunn St. Prairie du Chien, WI 53821 608-326-0248 Franciscan-Skemp Healthcare Villa Succes 121 S. Prairie St. Prairie du Chien, WI 53821 608-326-8424 Gundersen Lutheran Medical Center, Inc., Behavioral Health Commerce Court Mall 710 E. Blackhawk Ave. Prairie du Chien, WI 53821 608-326-2815 Wyalusing Academy Outpatient Clinic 601 S. Beaumont Rd. Prairie du Chien, WI 53821 608-326-6481 Dane Top Belleville Family Medical Clinic 21 S. Vine St. Belleville, WI 53508 608-424-3384 Foundations Counseling Center, LLC 619 River St. Suite F Belleville, WI 53508 608-424-9100 Cambridge Counseling Clinic, Inc. 120 E. Main St. Cambridge, WI 53523 608-423-4700 Adolescent Alcohol/Drug Abuse Intervention Program 122 E. Olin Ave. Suite 275 Madison, WI 53713 608-262-1111 Advanced Psychological Innovations, S.C. 6418 Normandy Ln. Suite 215 Madison, WI 53719 608-274-1900 Dodge Psychiatric Associates 200 Front St. Suite 3D Beaver Dam, WI 53916 920-885-2780 Affiliated Counseling Center 108 N. Lincoln Ave. Beaver Dam, WI 53916 920-887-8751 Dodge County Human Services Department / Community Support Program 199 Home Rd. Juneau, WI 53039 920-386-3500 Temenos Counseling - Watertown 123 Hospital Dr. Suite 114 Watertown, WI 53098 920-261-5824 Community Psychological Services of Waupun, LLC 1208 S. Watertown St. Waupun, WI 53963 920-324-4358 Door Top Counseling Associates of Door County 620 N. 12th Ave. Sturgeon Bay, WI 54235 920-743-9554 Door County Department of Community Programs / Community Support Program 421 Nebraska St. Sturgeon Bay, WI 54235 920-746-2345 Door County Memorial Hospital 323 S. 18th Ave. Sturgeon Bay, WI 54235 920-746-3692 Family Services of Northeast Wisconsin, Inc. 827 N. 8th Ave. Sturgeon Bay, WI 54235 920-433-3372 Douglas HRC Mental Health Center / Community Support Program 39 N. 25th St. East Superior, WI 54880 715-392-8216 Lutheran Social Services of Wisconsin and Upper Michigan, Inc. 2231 Catlin Ave. Superior, WI 54880 715-394-4173 Superior Day Treatment Program Northwest Counseling and Guidance Clinic 1412 E. Second St. Superior, WI 54880 715-395-3805 The Recovery Center, Inc. 1500 N. 34th St. Suite 500 Superior, WI 54880 715-392-2822 The Superior Treatment Center, Inc. 1507 Tower Ave. Suite 307 Superior, WI 54880 715-392-9300 Dunn Top Access Center 406 Technology Dr. East Suite B Menomonie, WI 54751 715-235-4667 Arbor Place, Inc. 320 21st St. NE Menomonie, WI 54751 715-233-3344 Dunn County Community Support Program 808 Main St. Menomonie, WI 54751 715-232-1116 Red Cedar Clinic - Mayo Health System 2211 Stout Rd. Level A Menomonie, WI 54751 715-233-7891 Eau Claire Affinity House 3042 Kilbourne Ave. Eau Claire, WI 54703 715-833-0436 Brotoloc Health Care Systems Mental Health Clinic 2710 Town Hall Rd. Eau Claire, WI 54703 715-874-5050 Caillier Clinic, Ltd. 505 S. Dewey Suite 101 Eau Claire, WI 54701 715-836-0064 Catholic Charities of the Diocese of La Crosse 204 E. Grand Ave. Eau Claire, WI 54701 715-832-6644 Children's Service Society of Wisconsin 2004 Highland Ave. Eau Claire, WI 54701 715-835-5915 Fond du Lac Top Beacon House 166 S. Park Ave. Fond du Lac, WI 54935 920-923-3999 Blandine House, Inc. 25 N. Park Ave. Fond du Lac, WI 54935 920-922-9487 Catholic Charities 191 S. Main St. Fond du Lac, WI 54935 920-923-2550 Counseling and Wellness Center, SC 349 Winnebago Dr. Fond du Lac, WI 54935 920-921-1366 Delta Center 196 E. Third St. Fond du Lac, WI 54935 920-921-3343 Click to continue This list is provided for convenience and informational purposes only. We do not recommend or endorse any specific DUI / DWI school listed. Drunk driving defense is a very specialized area of law; if you or someone you care about has is facing a DUI charge, it is important to speak to a lawyer who is skilled in defending drunk driving cases. :: Previous page :: :: top :: | Site map | Terms and Conditions | Legal Disclaimer | Privacy Policy | Contact us at 1 800 DUI LAWS | 1 800 DUI LAWS. All rights reserved.

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DUI Help with Drunk Driving Laws, Alcohol Treatment, DWI Attorneys and Criminal Defense Lawyers Everything You Need to Know About First Offender DUI / DWI, Drinking Driving and Drugs Home | State By State Help | DUI Lawyers | Insurance Help | Breath Testers | DUI Videos What's Hot New DWI Articles... Breath Test Penalties New DUI and DWI Laws for 2006 New MA OUI Law Poppy Seed Defense Works on DUI Charge Others Share Their DUI Experience... DUI Consequences Drunk Driving Education and Information National DUI.com A State by State Listing of DUI/DWI/OUIL Resources DUI Attorneys Lawyers Who Specialize in DUI/DWI/OUI Defense The DUI Library A Full Library of Information on DUI, Driving and Drugs Insurance Help Brokers Who Have the Best Rates for Each State Alcohol Issues Information on Issues Related to Use and Abuse of Alchohol and Drugs Videos Educational Videos for Schools and Programs Criminal Records Criminal Records, DMV, Employment Background Checks Breath Testers Breath Analyzers for Prevention and Calibration D.O.T./NHTSA Approved Prevent a DUI Arrest DUI Research Book for Lawyers How to Avoid a DUI Personal breath testers can save you and your friends the hassle and expense of a DUI arrest. Makes a great Christmas gift! More Information Drunk Driving Defense by Orange County DUI Attorney and Los Angeles DUI Defense Lawyer Lawrence Taylor. When you need a breath alcohol ignition interlock device (BAIID), there is no better choice than the Intoxalock . DISCLAIMER : This website provides only general information intended for those charged with drunk driving offenses. The information and news items on the site are for information only. This information is not legal advice, nor is it intended to create any binding advisory relationship. Do not take action based upon this information unless you consult with an attorney or other specialist. © 2005 Drivers Research Institute   All Rights Reserved   Send eMail   Advertise With Us

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OUIL - Pit Area of Owendale Speedway Covered by Statute OUIL- PIT AREA OF OWENDALE SPEEDWAY COVERED BY STATUTE By JudgeStephen C. Cooper People v. Nickerson, 227 Mich App 434 (1998), 1/20/98 Return to District Court Review Menu Return to Calhoun County Courts Homepage Facts: The defendant was charged with operating a vehicle while under theinfluence of intoxicating liquor. The defendant filed a motion todismiss claiming the pit area of the Owendale Speedway is not covered bythe statute. The District Court granted the motion and the CircuitCourt affirmed. The Court of Appeals reversed. Ruling: The Court of Appeals noted that the statute states that a person, whileunder the influence, "shall not operate a vehicle upon a highway or otherplace open to the general public or generally accessible to motor vehicles,including an area designated for the parking of vehicles..." MCLA§257.625(1). The district and Circuit Court ruled that the pitarea was not a "place open to the general public" as there was age restrictionsand because there was an admission fee. The Court of Appeals ruledthat even if the pit are was not a "place open to the general public,"the pit area could be an area "generally accessible to motor vehicles." The Court noted that the legislature added "generally accessible to motorvehicles" in order to expand the coverage of the statute. The Courtthen stated that since vehicles are generally able to drive into the pitarea, the pit area was an area "generally accessible to motor vehicles"and therefore was covered by the statute. Top of Page Return to District Court Review Menu Return to Calhoun County Courts Homepage Last updated 4-27-99 Send your comments, questions and suggestions to Phil Harter at 161E Michigan Avenue, Battle Creek, Michigan 49014 or e mail to pharter@internet1.net