My wife was pulled over

[tintguy]

My wife was pulled over for front window tint. She was pulled over on the freeway by CHP and given a ticket. After the ticket was issued she was ask to drive to the next exit because he had to talk to her. She did as she was told and then he proceeded to ask her did you have a drink. She replied "yes a few hours ago". The alcohol smell was actually her cousin.

What I want to know is the LEO's field sobriety test proper procedure. He had her sit in the driver seat with her right hand on the door panel near the mirror, left hand on the door panel near the seatbelt. He then ask for her to stick her head out the window and follow his finger. After doing this several time he let her go. No breathalyzer or getting out of the car.

This thread is not about window tint. I'm fully aware of the laws reguarding it. If you guys must know my wife ask for the dark tint because guys on the street were bothering her. Is this a normal test? I believe that this officier took advantage of his position to see my wife's cleavage. What do you guys think?

Ps sorry for the spelling I'm using my iphone.

[fourXfour]

He was checking nystagmus in her eyes. It is one of the easiest ways to see if someone is intoxicated.

As far as the window tint, it's a violation of the vehicle code. You may wish to go to the CHP referee to see exactly what is the darkest tint you can have. Each trip to the referee is like $50 or $100.

[oddjob]

nystagmus test. Its normal. Its a fast way to estimate a potential blood alcohol level. Google it and you can see several explanations/definitions.

[Intimid8tor]

All I say is that your wife had a drink and drove, was asked if she had a drink and said yes and the cop performed a test in a safe location instead of the side of the freeway where someone could get hurt.



Everyone knows that having you follow their finger is one of the tests to determine intoxication and he most likely had her put her hands there so he knew where they were and also so she was facing him with her body instead of with her head. If her head is turned to start the test it could perhaps impact the test.

I don't get why you would think he was doing something nefarious. It seems you are really jumping to conclusions.

[Ron-Solo]

Nystagmus test. I did it with every DUI suspect. Sometimes it is the only test necessary.

[IrishJoe3]

OP, when I encounter a driver I think may be impaired, I ask them "lean out the window, follow the tip of my finger" ALL the time! If I don't see any nystagmus, (google it), then that is as far as the DUI tests go.

The reason I do that is that it is safer for the driver, (not needlessly exposing them to traffic), saves them the embarrasement of a police contact, and for their comfort as often people are not dressed to stand outside of the car.

Sounds like the CHP did everything right;
Instructed your wife to exit the freeway for her safety
Smelled alcohol and investigated, and was satisfied your wife was not DUI, without a prolonged DUI FST contact.

Regarding the tint....I recall a thread not that long ago (http://www.calguns.net/calgunforum/s...d.php?t=539663) where we discussed the legality of tint, and we made it pretty clear that if you have tint you may get cited. Well....

[Bobby Ricigliano]

HGN= Horizontal Gaze Nystagmus

An involuntary reaction to being under the influence of alcohol. The odor of an alcoholic beverage is enough to warrant a further detention for possible DUI.

Why does everyone think there is some conspiracy or ulterior motive for legal detentions?

[mixicus]

He was checking for HGN as described above. It is one of the approved NHTSA SFST tests.

The hand positions as you describe it, would put hands into the officer's field of view during the test. This is for officer safety.

[nine mil thrill]

if the op is so worried about guys bothering her in her car, what precautions is he taking where she consumes alcohol ?

[jeep7081]

if the op is so worried about guys bothering her in her car, what precautions is he taking where she consumes alcohol ?

You can almost end the thread on that note. I think the OP got his answer(s).

[Notorious]

IBTL!

[tintguy]

Thanks for the responses. My wife only had one drink at the begining of lunch because she knew she was going to drive. It was her cousin that kept drinking. I just thought that the test was not normal. I had talk to a friend that just finish the academy and he said it didn't look right that's why I asked.

[Notorious]

Thanks for the responses. My wife only had one drink at the begining of lunch because she knew she was going to drive. It was her cousin that kept drinking. I just thought that the test was not normal. I had talk to a friend that just finish the academy and he said it didn't look right that's why I asked.

They don't learn FST's in the academy... or at least not anything more than the very basic ones to show you in scenarios. After the academy, you know just enough to be dangerous to everyone around you, including your training officer and other officers who are on the same call.

[IrishJoe3]

Well, you asked a friend who just finished the academy, there is your problem.

[Notorious]

Well, you asked a friend who just finished the academy, there is your problem.

Ask him again in a few years, if he is still on the job, and see what he thinks.