Search found 1 match

by zero4o3
Mon Feb 07, 2011 4:20 pm
Forum: General Texas CHL Discussion
Topic: case law for "intoxcated" limit while CC
Replies: 62
Views: 10287

Re: case law for "intoxcated" limit while CC

Kythas wrote:
gigag04 wrote:Regarding the guy with Polio - during pre-screening you obtain info about the suspect's medical history. If you don't get the info, how would you know about the issue. The test also aren't validate for elderly or people 50lbs overweight.

Re: sjfcontrol

You can't walk a line and turn? Can you walk normally when not performing a test? Can you stand on a leg?

Are you elderly or overweight? Do you have any long term injuries? What do you mean when you say you "couldn't" do the tests...

The only reason I've seen that people can't even attempt it is they are extremely intoxicated. Most can do the test, even if exhibiting clues...
giga, how about this scenario?

My left knee is busted up from a motorcycle accident about 2 years ago. I have also had a total hip replacement of my right hip. In addition, I have Meniere's Disease (which I believe is a result of the Gulf War but the VA disagrees...but I digress). Meniere's Disease is a disease of the inner ear which can cause vertigo and equilibrium problems.

So, it's very difficult for me to normally stand on one leg - either one. If I walk in a line and turn fast, I might lose my balance. I can't for the life of me close my eyes and walk in a straight line (I always drift right). I even find myself brushing against the wall in my house while walking down the hallway and don't even realize I'm drifting - I think I'm walking straight until my right shoulder hits the wall.

This is part of the reason I don't drink at all anymore. I stopped drinking even before I got my CHL because I'm deathly afraid of getting pulled over after even one beer and, due to my medical issues, failing the tests. After all, how many cops are aware of Meniere's Disease? If someone you were testing told you they're off balance and can't perform the tests due to a disease of their inner ear, would you believe them?

To be honest, I'm afraid of getting pulled over and failing the tests even after drinking nothing but water.
from what I can tell, I think Giga's point is that if your upfront with medical conditions before you get to the point of the FST a reasonable person ( officers are people to) will acknowledge those concerns and use an alternative meathod to determine wether a person is "intoxicated" or not.

that being said not all people are reasonable is the point some of the other forum members seem to be trying to make.

Return to “case law for "intoxcated" limit while CC”