July

Articles Posted in July 2016

Interviewer: Do you think that people typically agree because of an intimidation factor? Would that be an accurate assumption? Paul Tafelski: I think, having watched hundreds of these videotapes of people getting arrested and watching them go through the field sobriety tests and then get arrested, I would say that most people just are caught off-guard, and when the officer is talking to them, they’re still hoping that they’re going to be able to catch a break and get released by the officer. Unfortunately, the officers these days almost never let people go because they’re afraid to get fired themselves...
Posted in: DWI
When would a blood test be taken in a DUI case versus just a breathalyzer? Under the law, the police have the right to decide what test to administer. Now, for the vast majority of the cases, they will administer the Datamaster breath test because it’s at their station, it’s easy, and it’s what they’re used to doing. However, they can use the blood draw to determine your blood alcohol level. The usual time they do that is if the person refuses to do the blood test or the breath test and then therefore they have to get a search...
Posted in: DWI
Interviewer: If someone were to have eye problems or an inner ear issue, could that also be a factor that someone could argue and say, “Hey, it’s very difficult for me to balance because of my inner ear problem or my eye issues?” Paul Tafelski: Absolutely. There are really endless sort of medical conditions that affect people’s balance and affect the way people act during stress. A lot of people who are not born in the United States speak with an accent and the police oftentimes will misconstrue that as slurred speech, even though it’s just an accent. There are...
Posted in: DWI
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