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Health & Lifestyle
Submitted by Brad (not verified) on Sat, 03/08/2008 - 4:35pm.
she ( knowing of my conviction 12 yrs. prior) Asked me on the stand if I had experience with the finger to nose test. when i camly said i had seen it on reality tv shows, she continued with it by asking if i had any personal experiece with performing the test. i didn't want to purjer myself by sayng no - but i also thought she wasn't allowed to allude her questioning torwards eliciting my disclosure of a prior dwi charge. My slackass lawyer didn't object. i had to answer yes. the district court judge had to weigh this in his judgement of this case. Because the officer's account of the nose to finger test wasn't remembered, and i did remember it in detail; the state asked me about any other past experiences - from which to get this "memory". knowing i had a past experience.- and compromising the judge's impartiallity on th ruling. This disclosure implying my prior - hung me my attorney also failed to capitalize on errors and inconsistencies in the officers reports. Worst of all, my slack (11th hour) attorney didn't enter into evidence(my audio recordings of) the questioning portion of my arrest - during which the officer testified my being beligerrant and combative. My recording (i just happened to have a dvr when arrested) directly contradicts his claim. The D.A. also embellished the trooper's testimonty, saying he'd said his alcosensor was part of his determining my being drunk 3-4 times. He only said it once, and testified to only submitting it once, as well. The D.A also stated in her final statements to the judge that i'd agreed in my testimony to the officer's claim of hopping on the one leg stand. i never had agreed, and actually testified to having performed it perfectly. what to do??
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