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TV Star Fails DUI Field Sobriety Test…Blames Christian Louboutin

TV Star Fails DUI Field Sobriety Test…Blames Christian Louboutin

Ahhhhhhh, Christian Louboutin, the esteemed high-priced red bottom high heels.  A great heel to make a fashion statement and to wear during an evening out.  However, not a good shoe to wear while taking the DUI field sobriety tests.  No one knows this better than Sunny Cross who failed her DUI field sobriety tests while wearing her Louboutins, telling officers while being arrested that her beautiful heels were the reason she failed the DUI tests.

Sunny Cross, known by MTV viewers for appearing on the first episode of hit reality show “Catfish,” was arrested for DUI (driving under the influence) in Arkansas in January of 2013.  Before her arrest, Sunny was asked to take the DUI field sobriety tests while wearing her Louboutins.  Apparently, the officers were unfamiliar with the difficulty and pain associated with walking in 4-5 inch stiletto high heels.  Needless to say, Sunny failed the tests.

Even when completely sober, the savviest of high heel wearers would have major difficulty trying to perform the clown tricks required by the DUI field tests.  Nearly impossible!

Sunny’s claim has validity to it.  She would have performed the DUI field tests better if she had been wearing a shoe that provided balance and stability such as a sneaker or flat.  Her glammy high heels were at fault!

In addition to failing the DUI field sobriety tests, Sonny blew a .08 into the breathalyzer, and was considered to be an impaired driver.  She was arrested and charged with DUI.   Sunny recently pled guilty to the DUI and was sentenced to complete a 90 day substance abuse program.

Three commonly used DUI field sobriety tests are called The Standardized Field Sobriety Tests (developed by the National Highway Traffic Safety Administration):

1.  One Leg Stand – In the OLS test, the suspect is instructed to stand with one foot approximately six inches off the ground and count aloud by thousands (One thousand-one, one thousand-two, etc.) until told to put the foot down. The officer times the subject for 30 seconds. The officer looks for four indicators of impairment, including swaying while balancing, using arms to balance, hopping to maintain balance, and putting the foot down.

2. Walk and Turn – In the WAT test, the subject is directed to take nine steps, heel-to-toe, along a straight line. After taking the steps, the suspect must turn on one foot and return in the same manner in the opposite direction. The examiner looks for eight indicators of impairment: if the suspect cannot keep balance while listening to the instructions, begins before the instructions are finished, stops while walking to regain balance, does not touch heel-to-toe, steps off the line, uses arms to balance, makes an improper turn, or takes an incorrect number of steps.

3.  Horizontal Gaze Nystagmus – In the HGN test, the officer observes the eyes of a suspect as the suspect follows a slowly moving object such as a pen or small flashlight, horizontally with his or her eyes. The examiner looks for three indicators of impairment in each eye: if the eye cannot follow a moving object smoothly, if jerking is distinct when the eye is at maximum deviation, and if the angle of onset of jerking is within 45 degrees of center. If, between the two eyes, four or more clues appear, the suspect likely had consumed alcohol.

 

Witten by S.O

 

 

Tito Ortiz Arrested For DUI

Tito Ortiz Arrested For DUI

Ultimate Fighter Champion mega star Tito Ortiz was busted for a DUI (driving under the influence) yesterday morning.  To make matters worse,  he crashed his 2012 Porsche Panamera into a cement highway median….Ouch poor Tito, injured neck and expensive car repairs!

According to LA law enforcement, Jacob Christopher,  aka Tito Ortiz, was heading home around 4am after celebrating all night at the BCS Football party at the Playboy Mansion.  LA County Sheriffs located Tito and his two passengers on the shoulder of freeway 405 in his wrecked vehicle.  Tito was suspected of drunk driving and was subjected to the DUI field sobriety tests.  The 38-year-old also blew into the portable breathalyzer test which revealed a BAC level of .12.  California State’s legal drinking limit is .08, the same as Washington State’s.

Tito was arrested for DUI and hauled into a local police station.  Tito’s bail was set at $15,000.00 which he posted later that morning.

It doesn’t appear that anyone was seriously hurt during the accident, lucky for Tito.  Unlucky for Tito, ex-wife Jenna Jameson, has recently voiced she is going to use Tito’s recent DUI arrest as leverage to regain custody of their two boys, fearing for the boy’s safety.  Today she said, “A lot of people think he’s this fantastic guy … it’s just not true.”  Jameson is not the most reliable source, she has an extensive history of crazy-erratic behavior.

It is definitely in Tito’s best interest to hire a well qualified DUI defense attorney.  Not only will the DUI lawyer handle his DUI case but the lawyer will also be able to provide sound legal advice for dealing with his ex-wife if issues should arise.

 

Written by S.O
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DUI – We Deserve Better Than an Estimate

DUI – We Deserve Better Than an Estimate

Driving Under the Influence is considered a crime yet we allow our individual rights, liberty, reputation, and driving privileges to be adversely affected from a mere estimate of our blood alcohol concentration.  A breath test is simply an estimate of our blood alcohol concentration.  And at times, a breath test can create a false positive.  Meaning a breath test device can have a positive test for alcohol consumption even when an individual had not consumed any alcohol.

Blood tests are the most accurate measurement of blood alcohol concentration.  Officers throughout Washington state have been trained in obtaining blood samples on individuals investigated for Driving Under the Influence (DUI).  In fact, the Implied Consent Warning Statute, RCW 46.20.308 (1) states:

Any person who operates a motor vehicle within this state is deemed to have given consent, subject to the provisions of RCW 46.61.506, to a test or tests of his or her breath or blood for the purpose of determining the alcohol concentration or presence of any drug in his or her breath or blood if arrested for any offense where, at the time of the arrest, the arresting officer has reasonable grounds to believe the person had been driving or was in actual physical control of a motor vehicle while under the influence of intoxicating liquor or any drug or was in violation of RCW 46.61.503. Neither consent nor this section precludes a police officer from obtaining a search warrant for a person’s breath or blood. 

This statute gives authority to any officer to obtain a blood sample whether an individual submits to a breath test or not.

DUI fatalities and accidents are horrible.  I do not wish for any person to be harmed by a drunken driver.  However, with that said, I’m not willing to accept people getting wrongfully convicted for driving under the influence based on an estimate.

There is an easy solution.  Don’t allow breath tests to be used and require blood samples in every DUI investigation.  The state has the means to obtain blood samples, therefore, this is not some outrageous notion with no realistic practical means.

We deserve better than an estimate of our blood alcohol concentration.  Especially when this estimate can create false positive readings from a laundry list of factors.  We deserve better and should demand for only accurate evidence to be used against us when being accused of DUI.

If you have been charged with driving under the influence (DUI) and would like us to evaluate your case don’t hesitate to contact us immediately for a free consultation.