Florida "Trooper Scott Kunstmann’s dash camera was rolling when he pulled over 71-year-old Robert Culbertson on I-75 back in 2011.
Culbertson was allegedly weaving, so Kunstmann asked a series of questions to determine if a field sobriety test was warranted, and asked another trooper for assistance.
Culbertson admitted to having one beer three hours prior. In the
police report, Kunstmann indicated he smelled alcohol on Culbertson’s
breath, but in the dash cam video, the two officers are heard on tape
agreeing that they couldn’t smell alcohol.
One of the reocurring themes on my blog related to bad police officers is that we need videos in the police cars to catch when an officer lies, or misremembers things. This is even more important in cases where someone refuses a breath or blood test. If those people did not give a blood test that came back 0, there would be a good chance they would have been found guilty of DWI based solely on the testimony of the officer, if there was not videos.
Kunstmann arrested Culbertson anyway, but didn’t realize at the time he was a former criminology professor, who would later contact an attorney."
I have never been lucky enough to get an officer to be so dumb as to say he made things up because he didn't think the person would get a lawyer. In dealing with field sobriety tests, a trained DWI lawyer is your best best to determine if the officer did things correctly.