Comments on: The DUI Officer and “Selective Memory”

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By: notguilty73

notguilty73 — Tue, 25 Sep 2007 12:34:46 +0000

My case occurred in Aug. 2006 with the NJ State Police. My BAC was a .10 and this was my first ever traffic offense! I’m over 30 and had one speeding ticket when I was 18. Two officers stopped me at 1:15 AM on Rte. 80 in Wayne, NJ. One of the officers had been on the job for less than 1 month (by the way, he was the one who wrote the DUI arrest report with more errors than my lawyer of more than 30 years had ever seen). There are two major issues with my case: 1) the judge on my case was a part time judge in Wayne who gave the State police more than their fair share of chances to produce the post-certifications on the Breathalyzer 900A model. The case occurred in Aug. 06, In April 07, was the first time a post – cert. dated Dec. 06 was entered in as evidence. Then right before the verdict by the judge, my lawyer noticed that the sequence of numbers on the certification was out of order. The judge allowed the state prosecutor to contact the State police officer AT HOME almost 1 year to the date of stop, and find out where the possibly missing certification could be. After a half hour pause, the State police barracks faxed the documentation showing the machine was certified a month or so after my stop and the judge allowed it in as evidence! What about the laws of discovery? I lost on appeal and the judge gave me the standard 7 month suspension, of course I am appealing. I cannot even begin to go in to the numerouse contradictions the State Police had in their testimony but there is absolute bias in the Wayne county court system.

By: jim

jim — Mon, 24 Sep 2007 15:28:56 +0000

I think the memory angle is extrmely fascinating. My case will be 789 days old when I go to court in November of 2007 for my 11th appearance. Nothing is on record as of yet.

I have set up a meeting with my attorney next week and the memory angle is going to be a main topic for discussion as I want this to be part of the “scope” of my representation.

In lieu of having a phd psycologist examine the officer in a clinical setting, I am going to try to see if we can get the officers last 300 DUI arrest reports and questuion him on the content on cross.

I have just started to research this and it is really fascinating.
The way that memory works within a brain, and how long term memory can be interfered with by short term memory.
Each individual is different and police officers are no better at long term memory then anyone else at random.

The arresting DUI officer in my case made no essay typr eport. He only did an observation checklist., but based the actual DUI charge only on the BAC, and not the observations. The observations , as I see it, are only for probable cause of arrest and not the actual charge in my particular case.

The officer did not “check” off the obervation box on the report, on the BAC box was checked off.

By the way, I live in New Jersey.

Although Mr Levow is not my attorney, I wish I knew about him befire I hired the attorney I have.

I wil look for a relevant blog articla to continue the discussion of my case.

I just wanted to say that “memory” is a really fascinating subject.

Jim