Gross Vehicular Manslaughter While Intoxicated is a serious crime that affects not only your life, but everyone related to anyone involved in this case. In order to be charged with Gross Vehicular Manslaughter While Intoxicated the prosecutor has to prove 4 things. 1. That you drove under the influence of drugs and/or alcohol while having a blood alcohol level of 0.08 or higher (or if you are under 21 0.05). 2. While driving under the influence you committed a misdemeanor or infraction that could caused death. 3. You committed the act with gross negligence. and 4. Your gross negligence caused someone else’s death. The legal definition of gross negligence is 1.you acted in a reckless way that creates a high risk of death or bodily injury. AND 2. a reasonable person would have known that acting in that way would create said risk. In other words gross negligence is acting without regard for human life. Its important to know that although you are under the influence of drugs and alcohol and even violate a traffic law does not amount to gross negligence. Its up to a case by case basis since the people will consider every possibility such as your conduct, the way you drove, level of intoxication etc. However if such an example such as an unexpected emergency came up not caused by your negligence. You are responsible to use the same amount of care and judgement an ordinary person would use in the same situation. This means that if you have to get to a hospital quickly, and need to speed up. You would probably only go at the max speed limit or a little above. However you probably would not speed up to 20 miles over.
Gross Vehicular Manslaughter While Intoxicated is a serious crime and affects everyone around you. If you or someone you know was charged with this, have an attorney read over your case. It’s important that you have proper representation and consult with an attorney who is familiar with Orange County DUIs because having alcohol or drugs in your system will increase penalties.
Finger to Nose Test. The finger to nose test is a common “test” when you get pulled over for a DUI. The finger to nose test makes you tilt your head back and with the tip of your index finger, touch the tip with your nose with your eyes closed. You have to repeat this 3 times with each hand, and the officer will say which hand to use for each try. This test doesn’t really do anything to show that you’re impaired. What this test does is show the officer that you can follow instructions. If you sway or have body tremors. Your depth perception or any strange sounds during the test. And if you can touch your face with your index finger. The reason why it doesn’t show that you’re impaired is because although you may show signs of impairment, its not definitely because of drinking. Because of this, the National Highway Transportation Safety Administration does not officially approve of the test. But because this is not an approved test, officers go with their judgement since there’s no specific clues to look for.
1. If you can follow instructions. A person may not be able to follow each instruction and failing to correctly do the test.
2. If you sway and how much. If you have trouble maintaining balance, the officer may take it as a sign of impairment.
3. if your body tremors. Shaking while doing the test may make the officer question if you are sober.
4. Muscle Tone. If you seem too stiff, or too loose during the test, the officer may mark it down.
5. Unusual sounds. If you make remarks such as “i need to piss” or burp the officer will see it as impairment.
6. Depth perception. When touching you nose, the officer will look at how well you can perceive depth. If you are too slow, or too fast then thats a sign.
7. Correct sequence. The officer will direct you to touch your nose with what hand. If you failed to go in order, the officer will mark it against you.
If you felt cheated with the finger to nose test, meet with an attorney.
DUI Finger Count Test. The Finger Count Test is a field sobriety test (FST) that is commonly used by law enforcement. However the test itself is not a legal procedure to test for a DUI. However it does not mean its illegal for the cop to do it. The test has you put one hand in-front of yourself with the palm facing up. With your thumb you then touch the tip of your index, middle, ring, then little finger. While you do this you say one for the first finger-thumb contact, two for the middle-thumb and so on. The Finger Count Test is mainly used to see if you are able to do certain things. Follow instructions. If you can Count. You are able to touch each finger in a correct order. However this test does not have a direct relation with being impaired. That’s why the National Highway Transportation Safety Administration does not approve this test. Officers are not allowed to rely solely on any tests outside the 3 standardized FST. The three approved NHTSA tests include. The Horizontal gaze nystagmus test, the walk and turn test, and the one-leg stand test. Some other non-standardized tests include the hand pat. The Rhomberg balance test. And the finger to nose test.
Firstly this is not an approved test. This tests proves nothing more than just give an impression of the subject. The other problem is since its not a standardized test, procedures can change from officer to officer. Other problem is that being impaired does not mean just being drunk. Not sleeping, being sick, or injuries may interfere with the tests. Other problem is that officers could make you do the test where there’s a large amount of distractions. Lights, sounds, and other forms of distractions could make the test invalid. Also if the instructions aren’t clear, then the test itself is a failure.
If you were pulled over and charged with DUI, have a consultation with an attorney.
The Hand Pat in DUI is an unofficial field sobriety test (FST). However this does not stop law enforcement from using it. In the Hand Pat test, the officer wants you to place your hands so they’re on top of each other. You would then lift your top hand, and turn it 180 degrees while you pat the back of the hand and your palm while it remains stationary.During all of this you are supposed to count one two for each pat. As said before, unlike the horizontal gaze nystagmus test, walk and run test, and one leg stand test. The Hand pat is not an official field sobriety test, meaning its not approved by the National Highway Transportation Safety Administration. The reason why the test isn’t official is because there are statistical evidence between the official tests and being impaired. This means that the hand pat test is not a reliable way to test for impairment.
Idea behind Hand Pat Test
The main reasons why officers do unofficial tests such as the hand pat test is to test whether the subject can follow instructions. Examples would be starting to soon, or just not following instructions.
Flaws of the Hand Pat Test
The problems with the hand pet test is that it cannot reliably say that you are impaired. There are so many flaws since the procedure can differ from each law enforcer. The main ones are just flaws that can happen between people. Example is a language barrier. If you cannot understand each other there is no way to do a test correctly. The person being tested may have some physical injury that prevents them from using proper movement. Lack of a professional also puts the subject in a disadvantage. Distractions are also everywhere so doing the test on the road can easily distract a person. Those are just some of the problems with the test.
If you feel that an officer used a hand pat test against you and put you at a disadvantage, consult with an attorney.