Interesting story about the inability to multi-task. We can do 2 things at once but not 3. And imagine all the things being done while driving.

Maybe San Diego DUI criminal defense attorneys can use this to debunk arguments of the DUI prosecutor that a San Diego DUI officer can drive a vehicle, talk on the radio, listen to the radio, converse with a partner, speak to a passenger, listen to another person in the car, talk on a cellphone, check a computer screen, watch traffic from both the left and right side, etc. and still try to continuously observe someone seated in the police care while doing all these things.

For a long time, prominent San Diego DUI criminal defense lawyers have reasonably been raising issues related to police claims of really being able to continuously observe a San Diego DUI arrestee for 15 minutes before the breath test.

In order for the San Diego DUI officer to maintain he observed the drunk driving subject for 15 continuous minutes just prior to testing, the two-prong requirement must be met: (1) The officer must remain present with the subject at all times and 2) The San Diego DUID officer must be able by the use of all his or her senses to make the determination of whether or not the subject (even slightly) regurgitated gas, burped, belched, vomited, drank, chewed gum, reingested alcohol, etc. or did any of the activities prohibited by Title 17, Section 1219.3.

Often times, the San Diego county DUI officer will attempt to maintain he continuously observed the subject for 15 minutes prior to testing. But when a San Diego DUI criminal defense attorney suggests to really look at the times of the breath tests, the time of arrest, and the time of transportation, it may be impossible unless transportation time is somehow attempted to be included.

This happens when the officer suggests he or she somehow “observed” the San Diego DUID subject while driving to the San Diego county breath test place.

Leave a Reply

You have to agree to the comment policy.