Courant article: After Second Mistake, Tyler Olander Needs To Smarten Up

[CL82]

Obviously the most interesting fact here is that he allegedly passed the breathalyzer test.

Yes it is, isn't it? That was the first thing I wanted know when I heard about the arrest.

 

[Uconn93]

He would have no case whatsoever if he were driving an unregistered car without a driver's license. You need to consider those charges in addition to the DUI. On top of that, failing a field sobriety test, is reason enough to arrest/detain him.

No doubt at it, they had probable cause to pull the car over and issue tickets for the unregistered vehicle and lack of a driver's license. But I'd love the chance to cross-examine that cop about those field sobriety tests, and I would imagine there might be a few other lawyers out there who would welcome that opportunity.

 

[UconnDon]

Boy, I didn't know any of this. I just saw the headline and assumed he was guilty (like most everyone else). I can't believe they even arrested him. Speaking as an attorney who used to do a lot of DUI in Connecticut (all PI now), I am going on record with my not so bold prediction that this is going to be nolled. Dropped. #1, the cops can pull over anyone they want any time, especially at night, for "weaving." Everyone is always "weaving." It's a cop judgment call, and they can invoke this pretext for pulling you over at any time. If they are not otherwise occupied after 11 p.m., and you drive by, you are the next candidate to be "weaving." Second, the horizontal gage nystagmus test (following the pen back and forth with your eyes) is just as subjective as weaving. Your eyes are supposed to be observed "quivering" a little at the endpoints. Really? He passes all the handstands and the one foot hopping and then flunks the HGN? I don't think so. Look, if this kid did not blow over .08, this is a nolle, no questions asked. Team rules prohibit drinking. He was drinking. This is a violation of team rules, but it is not criminal one bit to drive below .08. You are perfectly within your rights to drive at .0799999. In fact, I've seen cases where they don't even prosecute at .081 because there is an error factor in the test, and it affects the burden of proof "beyond a reasonable doubt." And when they finally drop this so-called case, people will say it's because he's a Uconn basketball player. That won't be the reason.

Boy, I didn't know any of this. I just saw the headline and assumed he was guilty (like most everyone else). I can't believe they even arrested him. Speaking as an attorney who used to do a lot of DUI in Connecticut (all PI now), I am going on record with my not so bold prediction that this is going to be nolled. Dropped. #1, the cops can pull over anyone they want any time, especially at night, for "weaving." Everyone is always "weaving." It's a cop judgment call, and they can invoke this pretext for pulling you over at any time. If they are not otherwise occupied after 11 p.m., and you drive by, you are the next candidate to be "weaving." Second, the horizontal gage nystagmus test (following the pen back and forth with your eyes) is just as subjective as weaving. Your eyes are supposed to be observed "quivering" a little at the endpoints. Really? He passes all the handstands and the one foot hopping and then flunks the HGN? I don't think so. Look, if this kid did not blow over .08, this is a nolle, no questions asked. Team rules prohibit drinking. He was drinking. This is a violation of team rules, but it is not criminal one bit to drive below .08. You are perfectly within your rights to drive at .0799999. In fact, I've seen cases where they don't even prosecute at .081 because there is an error factor in the test, and it affects the burden of proof "beyond a reasonable doubt." And when they finally drop this so-called case, people will say it's because he's a Uconn basketball player. That won't be the reason.

Add to these tricky little procedures learned quickly by police the world over the physical observations recorded by the arresting officer -" glassy eyes, reddened face with the odor of alcohol ... " which simply seal the verdict before the presiding judge. I'm absolutely convinced these words are taught in police academies in the 50 states as they are used constantly in DUI arrest reports.