Harrisonburg Reckless Driving Lawyer: David Vasquez is the Cheerleading Coach at the University of Texas at El Paso. Cheerleading has become a very demanding sport in its own right. Coaches have a great deal of responsibility for the success and safety of the cheerleaders. UTEP has a very accomplished team.
Harrisonburg Reckless Driving Lawyer: On December 19, 2014, Coach Vasquez was stopped in Albuquerque, New Mexico. He and his team were in Albuquerque to cheer in the Gildan New Mexico Bowl which pitted the UTEP Miners against Utah State University. Law Enforcement noticed the Vasquez vehicle because it contained too many passengers. The purpose of that rule is so that every passenger has a seatbelt available. The police felt that Vasquez attempted to avoid them when a stop was first initiated.
Harrisonburg Reckless Driving Lawyer: The police report noted that Vasquez had red, bloodshot, watery eyes. The report failed to note that the clue of red and bloodshot eyes had been removed from the list of cues showing impairment by alcohol:
“Finally, some cues were eliminated because they might be indicators more of social class than of alcohol impairment. For example, officers informed us that a flushed or red face might be an indication of a high BAC in some people. However, the cue also is characteristic of agricultural, oil field, and other outside work. Similarly, bloodshot eyes, while associated with alcohol consumption, also is a trait of many shift workers and people who must work more than one job, as well as those afflicted by allergies. A disheveled appearance similarly is open to subjective interpretation. We attempted to limit the recommendation to clear and objective post-stop behaviors.” Jack Stuster, U.S. Department of Transportation, NHTSA Final Report, The Detection of DWI at BACs Below 0.10, DOT HS-808-654 (Sept. 1997), p. E-10.
Harrisonburg Reckless Driving Lawyer: The report also failed to note that watery eyes had never been an official cue of impairment by alcohol. Vasquez made the mistake of talking to the arresting officer and admitting to the consumption of two drinks. He also attempted a sobriety test and like almost everyone who takes such tests was declared to have “performed poorly on the test.” Of course these tests are not impairment tests. Instead, if instructed, administered and graded properly, the SFSTs may show a probability of a blood alcohol content in excess of the legal limit. Vasquez was arrested for DUI. Vasquez refused the evidential breath test which in New Mexico netted him an enhanced charge.
Harrisonburg Reckless Driving Lawyer: If you have been charged with Harrisonburg Reckless Driving or another traffic offense, contact Bob Keefer today for a FREE CASE EVALUATION. There is no cost or obligation and your conversation will remain private and confidential. You can schedule your case evaluation at 540.433.6906, Info@BobKeefer.com or at CONTACT FORM.