Yeah me too. She seemed really cool the whole time, but when it comes time for her to take the reins and even gets a motion for a directed verdict, she overruled it and let's it go to the jury. A jury can do anything. They're unpredictable.
Unfortunately a lot of smaller departments that can’t get people to work for them love to hire off of the Brady list because those guys have no options
I, too, suffer from autoimmune disease. (Lupus/SLE & Lupus-related RA) THANK YOU, so much, for standing up for this man. Most humans, especially cops, wouldn’t last a day with the pain he feels on his best days. God bless you!
Most autoimmune diseases are of the most painful conditions known to man, especially RA. Many forms of this disease also cause dementia-like symptoms, during flares.
County money thru fines and bad faith plea deals. Many people have zero contact or understanding how our justice system works. I just bailed my stepson out for an FTA. The lack of information on procedure was overwhelming and confusing. That was my first contact with courts & jail system... outside my divorce. Google provided very little information for my state. SMDH
I think most people don't bother going this far with their cases. They just take a plea deal because they don't have the time or money. This trial has been years in the making. The Prosecution and Police generally won't back down, because then it would amount to them admitting they did a bad job overall.
It's Kentucky..... it's just degrees of awful depending on the county. I will say the State Police in Western Kentucky have always been reasonable and professional in Western Kentucky but the further east you go the worse it gets.
@jameskirk3 It's all about making money for the county via the courts... IMO They make a plea deal sound tempting and sane people know juries can be unpredictable. Innocent can be scared and intimidated thus making bad plea deals every single day.
I was born with nystagmus. Plus my eyes go in different directions. It's not only disconcerting for others... it's disorienting and freaks *me* out when I look in the mirror.
This case is a clear reminder of why you should NEVER TALK TO THE POLICE. If he'd said nothing to the officer, there wouldn't have been the admission in the officer's mind to the 6 drinks. Similar thing with telling the officer he couldn't do the sobriety test. Speaking to the officer gained him nothing. The officer arrived in a bad mood, with a mindset of treating the defendant as guilty and looking for everything that supported that, whilst ignoring or suppressing everything that may have demonstrated innocence. And then the breath test woman was like something from a Kafka novel.
Exactly she stated she smelt a strong odour of alcohol so where did the alcohol come from could not have been the defendant as his hands were cuffed, was the nurse drunk on duty or was it miss Payne or was it the arresting officer?
I was already in favor of the the defendant. The officer that responded didn't do a very good job of doing his job. He didn't even listen to the defendant at the scene The chick for the machine at the department multiple times denied him blood test when that's what he wanted I find it interesting that she automatically smells alcohol but the officer who was at the scene did not.
Agreed his mind was set on DUI due to a called stating he looks drunk, despite the officer not smell any odour of alcohol he did not investigate, then suddenly at the jail ms Payne smelt the STRONG ODOUR of alcohol, did the deputy give him alcohol on the ride to the jail?
He is still a cop because the cops like you didn't arrest him for his actions. It's easy for you to say it's inexcusable while you do nothing real about it.
He's gotta have a much different job, like special operations for drugs maybe. I hate to think he's an SRO with that attitude, but I suppose that's possible. He seems like he didn't care at all if he collected any evidence or if he got a conviction. He didn't even give the standard "smell of alcohol/marijuana, flushed red face, slurred speech." That every single DUI charge in history comes with, sober or not. One thing he should've done and didn't, was get the defendent medical attention. The guy got knocked out and broke his teeth FFS. He obviously had a head injury.
@jameskirk3 I agree but had a hard time understanding why he hasn't had a recertification in DUI since 2011. Is he just riding by for retirement? At the very least, seeing a bloody face, he should have given medical consideration and not just jump to impairment. A concussion would cause the balance and slurred speech. We are all humans, but it's my hope this officer will be mandated to recert.
I’ve got neuropathy in my feet really bad. I’m sure he experiences similar to what I do in that my feet are numb and aching 24/7 and when you cant feel your feet it’s difficult to balance. If I close my eyes, I lose my balance because my feet cant feel the pressure changes that you naturally account for with your feet…if you lean forward slightly, you press down with your toes without thinking about it. But when you cant feel your feet, your body doesn’t sense that you’re leaning so you don’t subconsciously press down with the opposite side to correct your balance so you go until you consciously realize it and have to correct then but by then you look like you’re stumbling drunk. I probably look like I’m drunk all the time. I rarely drink anymore but I met some friends for some drinks a while back and I could barely walk after a couple drinks. Wasn’t anywhere near drunk yet but I guarantee that Officer would have arrested me at first glance. Haaa!
A very valid and important point is brought up in this trial. If they are bleeding into their mouth, how will it affect a breathalyzer having a concentration of blood in their mouth?
I'm old now, but in high school I remember the principal approached me once and asked me why my breath smelled like alcohol, I told him the truth it was from the night before, so yes you can still smell like alcohol being cold sober, even after brushing your teeth, though tooth paste makes it smell worse in my opinion, he said I should stay away from the teathers until it was gone...
Many cops associate the smell of tobacco with marijuana or alcohol because they go together like milk and cookies. Anyone drinking or using is likely to be smoking or dipping too, so they may make that connection and it may even be subconscious.
I have an arthritic hip, a titanium rod in my spine, and a fused lumbar and SI joints. Sometimes I walk with a cane. I could never pass these tests ever.
So, in Kentucky, is refusal to perform a field sobriety test admissible as evidence of driving under the influence? Or is it only admissible as violation of implied consent? In North Carolina there is no rule of implied consent and refusal of FST is a defendants right although it does incur an automatic o e year suspension of license (revocable by the judge or jury on acquittal directed verdict, diversion, or prayer for judgement continued)
That prosecutor got owned badly. Would you say your foot is worse than 2 years ago. No, ive had this for 25 years. Dont ask questions you dont know the answer to. Duh.
Larry , I know what it is like not to have balance , I live with it 16/7, the other 8 hours I'm in bed asleep , only then does it not affect me , my reason is my feet are numb , diabetic polyneuropathy , the sensory nerves in my feet and ankles are dead, the condition is incurable. I can drive an automatic but I wouldn't be able to do field sobriety tests because I appear drunk while standing still or walking ( I have to use a stick for support ) so I don't drink but to a police officer I would appear drunk and of course my breath wouldn't smell of drink either. I therefore empathize with Mr Edwards , his and my condition may have different names and causes but the visual result is of the same appearance to others I wonder why the police officer couldn't smell alcohol on Mr E at the scene of the accident but Tina could at the lab sometime later , odd that , unless she just writes it on every report whether it's true or not. Maybe Mr E was slurring his words because he had swelling to his lips , mouth and damaged teeth and a possible concussion
I had the exact same symptoms and was given the same diagnosis. Turns out I really had a benign tumor inside my spine compressing nervous until no signal could reach my legs. It was slow growing and took years to slowly cripple me. I'm no doctor, but I always recommend a second opinion. Just in case.
You do not have to blow that is optional because you could be diabetic hyperglycemic in which both you produce by LASIK acid which produces ethanol alcohol in the bloodstream which will show a positive in a breath test so it will show a false positive
I just had a funny thought about when he was showing his feet - One of the lawyers asks "Do we have any podiatrists or arthritis specialists here?" Then every jury member raises their hand.
I am a type 1 diabetic. If I eat a couple candy bars(without insulin) and get my sugars high, and took a breath test, it would tell you I was drinking!
in a country with a functioning justice system, no one should be able to be convicted with such bad evidence. there is a limit to how much alcohol you can have in your body and there is no evidence that that limit was exceeded in this case. someone within the legal limit may smell of alcohol. that they didn't take a blood test was pure stupidity and not the man's fault.
FST are up to cops whether pass or fail. Cases are now coming out of Tennessee where cops have said they do not trust breathalyzers. Going off the FST. Taking months to get results back because if pass for Alcohol they then have to test for other substances. Slme people have had to wait up to 8 months. One woman had felony added to her charges. 4 months later she gets cleared
It’s still astounding to try to understand how no blood test was performed while under the care control and custody only offering deciding a Breathalyzer test and no blood work . Which seems like negligence .
The cops said they found an empty can of beer in the mans car.. Could it be possible the beer was just sitting somewhere and spilled all over him during the accident causing him to smell of alcohol??
When I asked him the question about why he smelled of alcohol that day, I would’ve love to hear you object and say calls for speculation your honor. Everybody else said they didn’t smell alcohol. She suddenly she says she does smell alcohol how is he supposed to know why she smells alcohol? Maybe there was still alcohol in the room for the last person she saw the last time she was there or maybe it’s biased ascertainment she’s just gonna believe that there’s a smell alcohol and anybody that walks in the room. But my client cannot testify to why another person smells a thing.
You're not making any decisions without me.There, buddy, first of all second of all, you can just skip me on that and you'll never be my pay because I've never received any payments.This is all about me
Basic burden is you take all evidence as presented, assuming everything in question (credibility witness, conflicting testimony, etc.) is taken in the light most favorable to the prosecution. If, given the prosecution's version is the true version, no reasonable jury looking at what was said and done could possibly convict the defendant, then you direct the verdict of not guilty. If it's possible that a reasonable jury could possibly convict, then the directed verdict is not allowed. Many judges don't want to make a directed verdict because they believe the jury will acquit, and publicly that looks more like justice than a judge telling the jury to acquit.
Why can’t they just join the civilised world and have roadside breath test machines and a calibrated machine at the police station to take the evidential breath test. We even have roadside drug tamest which can be given to drivers. All this standing on one leg etc is rubbish in this day and age.
In the prosecutors closing statement in the next video, he calls the defendent a liar about when he had those handful of drinks the night before. The guy had just had his teeth knocked in and he was knocked completely unconscious. He probably didnt know which way was up. I mnow when people have seizures and fall unconscious, they can't answer questions sensibly. I imagine its the same for a concussion. Regardless, that was sworn testimony and sworn testimony must be taken at face value unless its perjury.
Am I the only person that thinks that officer Payne perjured herself? Why is she the only person out of several who claimed that they didn't smell any alcohol on Mr Edwards? Does she have a super sensitive nose or something? I wish that had been brought up. And also, please don't let any officers get by with saying "I'm not a doctor" when on the stand, and then let them answer no to the prosecutors question of did he look injured. If he's not able to answer if he's injured, then he's not able to answer if he's not. He can't be medically ignorant one minute, and then be knowledgeable the next.
The first video in this was titled "The best judge in the universe," but I think it's patently clear she's not. The "best judge in the universe" would have given the directed judgement and ended it already.
The 5th amendment protects you from incriminating yourself. You are not required to help them investigate you. Stop talking too. Generally, drunks can't manage it.
You can refuse a field sobriety test. But, you can't refuse a chemical test of some kind without consequences. Most, if not all, states have a notice on the license itself saying if you refuse a chemical alcohol test you'll lose your license for a period of time. You've got to be prepared for that. Then, you hire Larry 😏
In Michigan, where I live, you can decline the field sobriety test without repercussions, but NOT the preliminary breath test. Refusing that gets you suspended for a year. The PBT cannot be used to convict you, but does give you probable cause for an arrest, as does refusing the FST.
His arthritis would not have bothered that test but if he had a head injury it most definitely would. And by the description of the officer and what was stated and what occurred and he hit his head on that steering wheel yes it most definitely would have affected that test and it would have made him think possibly that he was under the influence when he was not. Is a person who has nursing experience and medical college education.
Unfortunately, the HGN test is unreliable at best because there are other reasons that could cause the same eye-jerking results including: Inner ear fluid movement, Antidepressants, Seizure medication, Head injury, Contact lenses, Caffeine Drowsiness, Dry or irritated eyes, Smoking, Stress, and Pressure on the optic nerve. In addition to these conditions, the officer performing the test may make mistakes. The test must be performed at a 45-degree angle from 12-15 inches away. His eyes need to be parallel to the subject's eyes. If any of these factors are not met, the test results are invalid. The NHTSA warns nearly 95% of the HGN tests given have inaccurate results. This is why these tests are often inadmissible in court.
@@adk2277 exactly. But the biggest point where they sank themselves was the fact that when she read that paperwork it said he could do one of the three but it did not have to be the one that they were requesting as the first one. If I was him I would definitely go back and sue their asses.
Maybe I'm too much of a Nube, but I thought I heard you say in a previous video that you include the whole trial. Maybe it is just each testimony. Really enjoy the content and can't wait, obviously, for the next!
The officer should of stayed and learn something about humanity. The way he treated him was totally uncalled for. He needs more training. 🤔 I SAY "NOT GUILTY" 🤷♀️ 😄😆🤣 Just guessing...😊
I have RA and I have feet that are not so great either. I wear a huge black leather boot that was made to support and fit to my foot. $3,000 boot. I fall every so often because I trip over my own feet. I could never do field sobriety tests. Even the eye test is effectively because of my medications. I would ask for blood also. I have watched enough videos that I know not to help them incriminate myself. I drive the speed limit and drive safely, because I know that cops always look for drunk drivers and know I would be taken in.
The evidence presented by the prosecution doesn’t prove that beyond a reasonable doubt. Was he drinking ? Yes. Was he impaired ? We’ll never know if they didn’t draw blood
And you’ll end up with a permanent dui conviction on your sheet. In case you’re new here, he has a very successful not guilty record with his cases. So go ahead and defend yourself. You can be the fool as a client.
@@garywacaser6230 he's a troller. Probably wore his mask in the car with recirculate off 🙄 Look at his page. Just another hater helping with the algorithm.
I do think the judge was totally wrong in not dismissing this mans charge of impaired. You would have to be a complete idiot not to know that there is nothing in this case proving him guilty . This judge should know that , im really disappointed in this judge
Field sobriety tests should be outlawed there set up for failer because you still have a cop making the final decision and thats wrong. It should road side breathalyzer and thats it. We in canada have never had field sobriety test. Also there many times it dangerous where there at to do these stupid tests. Plus i know who would fail sober. So there is just to many bad factors that can happen to not give a true out come.
I am shocked the judge didn't throw it out!
Then they wouldn't make as much money. We wonder why our court system is so backed up.
The judge is sleeping with one of the DA's.
She’s part of the gang. Never trust any govt employee.
She should have.
Yeah me too. She seemed really cool the whole time, but when it comes time for her to take the reins and even gets a motion for a directed verdict, she overruled it and let's it go to the jury.
A jury can do anything. They're unpredictable.
I really hope you made sure that officer made it to the Brady list
Unfortunately a lot of smaller departments that can’t get people to work for them love to hire off of the Brady list because those guys have no options
They make the city more money than they cost them. It's all about money.
That persecutor was so desperate to find an excuse for the idjit cop
You go DUI Guy+. You are so professional at spitting the facts at them. You have one sharp mind.🌷
I, too, suffer from autoimmune disease. (Lupus/SLE & Lupus-related RA) THANK YOU, so much, for standing up for this man. Most humans, especially cops, wouldn’t last a day with the pain he feels on his best days. God bless you!
Most autoimmune diseases are of the most painful conditions known to man, especially RA. Many forms of this disease also cause dementia-like symptoms, during flares.
You cant lose when you have a "Peaky Fooking Blinder!" on your legal team.
So the police denied him the most accurate test for a DUI? Lol how did this get to a courtroom.
County money thru fines and bad faith plea deals.
Many people have zero contact or understanding how our justice system works.
I just bailed my stepson out for an FTA. The lack of information on procedure was overwhelming and confusing. That was my first contact with courts & jail system... outside my divorce.
Google provided very little information for my state.
SMDH
I think most people don't bother going this far with their cases. They just take a plea deal because they don't have the time or money. This trial has been years in the making.
The Prosecution and Police generally won't back down, because then it would amount to them admitting they did a bad job overall.
It's Kentucky..... it's just degrees of awful depending on the county. I will say the State Police in Western Kentucky have always been reasonable and professional in Western Kentucky but the further east you go the worse it gets.
This is gold Larry,gold!!!!
The not guilty verdict was gold as well.
It’s pathetic that the prosecution would go forward …. This guy is no where near beyond a reasonable doubt being proven guilty
I don't understand why they did.
It sucks to take a loss when all you had to do was decline to prosecute.
@jameskirk3 It's all about making money for the county via the courts... IMO
They make a plea deal sound tempting and sane people know juries can be unpredictable.
Innocent can be scared and intimidated thus making bad plea deals every single day.
The eye test would be inadmissible due to head trauma, he should have had EMT's called due to facial injuries.
I was born with nystagmus. Plus my eyes go in different directions.
It's not only disconcerting for others... it's disorienting and freaks *me* out when I look in the mirror.
This case is a clear reminder of why you should NEVER TALK TO THE POLICE.
If he'd said nothing to the officer, there wouldn't have been the admission in the officer's mind to the 6 drinks.
Similar thing with telling the officer he couldn't do the sobriety test.
Speaking to the officer gained him nothing.
The officer arrived in a bad mood, with a mindset of treating the defendant as guilty and looking for everything that supported that, whilst ignoring or suppressing everything that may have demonstrated innocence.
And then the breath test woman was like something from a Kafka novel.
Exactly she stated she smelt a strong odour of alcohol so where did the alcohol come from could not have been the defendant as his hands were cuffed, was the nurse drunk on duty or was it miss Payne or was it the arresting officer?
Prosecution has to be so embarrassed. The new guy wasn't confident at all! They know the verdict already.
The prosecution had a new guy? Or Larry's protege?
@@Mitch93 the young guy at the Prosecutor's table is brand new, meaning baby lawyer. I think anyway 🤔
@@16MedicRN Ah ok, just that Larry's partner is also new.
Narcissists rarely get embarrassed, they get angry and become vengeful.
Larry's new attorney was very confident during closing.
If I'm ever in your town and new a lawyer I want you
I was already in favor of the the defendant.
The officer that responded didn't do a very good job of doing his job. He didn't even listen to the defendant at the scene
The chick for the machine at the department multiple times denied him blood test when that's what he wanted
I find it interesting that she automatically smells alcohol but the officer who was at the scene did not.
Agreed his mind was set on DUI due to a called stating he looks drunk, despite the officer not smell any odour of alcohol he did not investigate, then suddenly at the jail ms Payne smelt the STRONG ODOUR of alcohol, did the deputy give him alcohol on the ride to the jail?
Great defendant. He handed right back to the prosecutor.
HOW does this cop still have a shield? As a member of the blue family, his behavior is inexcusable!!!
He is still a cop because the cops like you didn't arrest him for his actions. It's easy for you to say it's inexcusable while you do nothing real about it.
@werefrogofassyria6609 I'm not a cop, lol but more importantly, I'm not in that state. JUDGE MUCH?
Govt protects govt. The govt is the legalized mob, and cops are its soldiers.
He's gotta have a much different job, like special operations for drugs maybe. I hate to think he's an SRO with that attitude, but I suppose that's possible. He seems like he didn't care at all if he collected any evidence or if he got a conviction. He didn't even give the standard "smell of alcohol/marijuana, flushed red face, slurred speech." That every single DUI charge in history comes with, sober or not.
One thing he should've done and didn't, was get the defendent medical attention. The guy got knocked out and broke his teeth FFS. He obviously had a head injury.
@jameskirk3 I agree but had a hard time understanding why he hasn't had a recertification in DUI since 2011. Is he just riding by for retirement? At the very least, seeing a bloody face, he should have given medical consideration and not just jump to impairment. A concussion would cause the balance and slurred speech.
We are all humans, but it's my hope this officer will be mandated to recert.
PLEASE tell me the defendant got his dog back.
Any evidence that they didn’t?!
@@champy1210 what's in evidence is that the dog was taken away. There's been no evidence that the dog was returned. Hence my question, idiot.
@@champy1210 well the cops took the dog, and they love to kill dogs.
They just shot a blind shitzu cause they were afraid
"Let's begin at the beginning"
Your rhetorical talents are second to none, Sir.
Nicely done. I learned. I continue to learn from you, sir. Thank you.
You literally called the defendant to the stand and the prosecution still had literally nothing
Why do Government officials go out of their 2ay to act stupid.
No matter how bad of a job they do, they still will not go bankrupt. And this they have figured out long time ago.
Hey look, it's George McFly on the Defense!😂😂😂😂😂
No objection for his question about alcohol smell why ?
I’ve got neuropathy in my feet really bad. I’m sure he experiences similar to what I do in that my feet are numb and aching 24/7 and when you cant feel your feet it’s difficult to balance. If I close my eyes, I lose my balance because my feet cant feel the pressure changes that you naturally account for with your feet…if you lean forward slightly, you press down with your toes without thinking about it. But when you cant feel your feet, your body doesn’t sense that you’re leaning so you don’t subconsciously press down with the opposite side to correct your balance so you go until you consciously realize it and have to correct then but by then you look like you’re stumbling drunk. I probably look like I’m drunk all the time. I rarely drink anymore but I met some friends for some drinks a while back and I could barely walk after a couple drinks. Wasn’t anywhere near drunk yet but I guarantee that Officer would have arrested me at first glance. Haaa!
A very valid and important point is brought up in this trial. If they are bleeding into their mouth, how will it affect a breathalyzer having a concentration of blood in their mouth?
I'm old now, but in high school I remember the principal approached me once and asked me why my breath smelled like alcohol, I told him the truth it was from the night before, so yes you can still smell like alcohol being cold sober, even after brushing your teeth, though tooth paste makes it smell worse in my opinion, he said I should stay away from the teathers until it was gone...
Copenhagen dippers will give off the smell of alcohol.
Wait, what?! (Hesitating my pinching of some Copenhagen snuff)
It does contain ethyl alcohol…. but, you’re correct. There are several substances that can emit an alcohol-like scent.
Doesn't matter. Everything smells like weed or booze to cops.
Copenhagen black smells like alcohol
Many cops associate the smell of tobacco with marijuana or alcohol because they go together like milk and cookies. Anyone drinking or using is likely to be smoking or dipping too, so they may make that connection and it may even be subconscious.
From this video i have doubt and would find him not guilty
Uh-oh somebody from the stateside didn't follow through
I have an arthritic hip, a titanium rod in my spine, and a fused lumbar and SI joints. Sometimes I walk with a cane. I could never pass these tests ever.
I have lupus and Ankylosing spondylitis. I can't stand in one spot without shifting my weight etc. I could never do the 'dancing bear'.
So, in Kentucky, is refusal to perform a field sobriety test admissible as evidence of driving under the influence? Or is it only admissible as violation of implied consent? In North Carolina there is no rule of implied consent and refusal of FST is a defendants right although it does incur an automatic o e year suspension of license (revocable by the judge or jury on acquittal directed verdict, diversion, or prayer for judgement continued)
My niece has rheumatoid arthritis. She has had all of her toes broken by doctors as a type of treatment.
Oh how awful🙏
That prosecutor got owned badly. Would you say your foot is worse than 2 years ago. No, ive had this for 25 years. Dont ask questions you dont know the answer to. Duh.
Larry , I know what it is like not to have balance , I live with it 16/7, the other 8 hours I'm in bed asleep , only then does it not affect me , my reason is my feet are numb , diabetic polyneuropathy , the sensory nerves in my feet and ankles are dead, the condition is incurable.
I can drive an automatic but I wouldn't be able to do field sobriety tests because I appear drunk while standing still or walking ( I have to use a stick for support ) so I don't drink but to a police officer I would appear drunk and of course my breath wouldn't smell of drink either.
I therefore empathize with Mr Edwards , his and my condition may have different names and causes but the visual result is of the same appearance to others
I wonder why the police officer couldn't smell alcohol on Mr E at the scene of the accident but Tina could at the lab sometime later , odd that , unless she just writes it on every report whether it's true or not.
Maybe Mr E was slurring his words because he had swelling to his lips , mouth and damaged teeth and a possible concussion
I had the exact same symptoms and was given the same diagnosis. Turns out I really had a benign tumor inside my spine compressing nervous until no signal could reach my legs. It was slow growing and took years to slowly cripple me.
I'm no doctor, but I always recommend a second opinion. Just in case.
yes, it's hard to talk when you've had your teeth knocked out and have a swollen lip
You do not have to blow that is optional because you could be diabetic hyperglycemic in which both you produce by LASIK acid which produces ethanol alcohol in the bloodstream which will show a positive in a breath test so it will show a false positive
I just had a funny thought about when he was showing his feet - One of the lawyers asks "Do we have any podiatrists or arthritis specialists here?" Then every jury member raises their hand.
that would have been epic
I am a type 1 diabetic. If I eat a couple candy bars(without insulin) and get my sugars high, and took a breath test, it would tell you I was drinking!
I've told my wife for decades now, wow. Anyway, I've told her if a person takes the stand in their own defense, 99% they are not guilty
in a country with a functioning justice system, no one should be able to be convicted with such bad evidence. there is a limit to how much alcohol you can have in your body and there is no evidence that that limit was exceeded in this case. someone within the legal limit may smell of alcohol. that they didn't take a blood test was pure stupidity and not the man's fault.
ENOUGH ALREADY.....what was the verdict
Probably Tuesday. Likely closing arguments tomorrow.
It's not that he wouldn't do the test. He actually couldn't do most of the field sobriety test.
Wasn't his mouth busted open as well though. It's ignorant for these morons to think this man should have gave a breathalyzer with a busted mouth.
He has the right to refuse it anyway.
FST are up to cops whether pass or fail. Cases are now coming out of Tennessee where cops have said they do not trust breathalyzers. Going off the FST. Taking months to get results back because if pass for Alcohol they then have to test for other substances. Slme people have had to wait up to 8 months. One woman had felony added to her charges. 4 months later she gets cleared
It’s still astounding to try to understand how no blood test was performed while under the care control and custody only offering deciding a Breathalyzer test and no blood work .
Which seems like negligence .
His that the judge who does everything in the court room
Larry is there and end video where we get to hear the verdict from the jury?
Have you seen the verdict on this case? I can't seem to find that verdict. Thanks for asking the question.
The cops said they found an empty can of beer in the mans car.. Could it be possible the beer was just sitting somewhere and spilled all over him during the accident causing him to smell of alcohol??
Is it possible the defendant was above the maximum age for a field sobriety test to be administered? I thought it was 65 or so.
Most unique case? Can one thing be more unique (ONE OF A KIND) than another?
Yes, with all the different aspects being unique.
Larry, do you have any associates in Florida? For criminal case?
Larry is.........._____________!
(Feel free to add in your own add lib! 😉)
I say Larry is THE MAN!
What doxu folks say???
When I asked him the question about why he smelled of alcohol that day, I would’ve love to hear you object and say calls for speculation your honor. Everybody else said they didn’t smell alcohol. She suddenly she says she does smell alcohol how is he supposed to know why she smells alcohol? Maybe there was still alcohol in the room for the last person she saw the last time she was there or maybe it’s biased ascertainment she’s just gonna believe that there’s a smell alcohol and anybody that walks in the room. But my client cannot testify to why another person smells a thing.
Would like to see all of her reports and see if she always writes down the same info. Smells like alcohol, face is fluffed etc.
Just wondering do they ever test the clowns noses to see how accurate they are for the smell of alcohol
You're not making any decisions without me.There, buddy, first of all second of all, you can just skip me on that and you'll never be my pay because I've never received any payments.This is all about me
What’s the burden needed for judge to grant u the directed verdict?
Basic burden is you take all evidence as presented, assuming everything in question (credibility witness, conflicting testimony, etc.) is taken in the light most favorable to the prosecution. If, given the prosecution's version is the true version, no reasonable jury looking at what was said and done could possibly convict the defendant, then you direct the verdict of not guilty. If it's possible that a reasonable jury could possibly convict, then the directed verdict is not allowed.
Many judges don't want to make a directed verdict because they believe the jury will acquit, and publicly that looks more like justice than a judge telling the jury to acquit.
Larry, did your co-counsel cut his own hair in the mirror.! lol
If Larry doesn't care, then...
Indeed, a bizarre hairstyle for a professional 😂 Then again, it is 2024.
@@thedaily30 Exactly, next thing cops will have neck and face tattoo,s .
You know it's 2024, right?
@@paul-u2y9y it's ok of they're covered from chest to toe 😂 with tattoos, just not the neck or face. Makes total sense.
How do they expect him to blow with his busted lip?
I dont know if i can wait till Tuesday😅
Why can’t they just join the civilised world and have roadside breath test machines and a calibrated machine at the police station to take the evidential breath test. We even have roadside drug tamest which can be given to drivers. All this standing on one leg etc is rubbish in this day and age.
In the prosecutors closing statement in the next video, he calls the defendent a liar about when he had those handful of drinks the night before.
The guy had just had his teeth knocked in and he was knocked completely unconscious. He probably didnt know which way was up. I mnow when people have seizures and fall unconscious, they can't answer questions sensibly. I imagine its the same for a concussion.
Regardless, that was sworn testimony and sworn testimony must be taken at face value unless its perjury.
Am I the only person that thinks that officer Payne perjured herself? Why is she the only person out of several who claimed that they didn't smell any alcohol on Mr Edwards? Does she have a super sensitive nose or something? I wish that had been brought up.
And also, please don't let any officers get by with saying "I'm not a doctor" when on the stand, and then let them answer no to the prosecutors question of did he look injured. If he's not able to answer if he's injured, then he's not able to answer if he's not. He can't be medically ignorant one minute, and then be knowledgeable the next.
I couldn’t hear what the judge said at the end. Was it yes no sustained overruled what
Larry why you did not object for his question about alcohol smell I was waiting for you to object
Bit he's with badges
The first video in this was titled "The best judge in the universe," but I think it's patently clear she's not. The "best judge in the universe" would have given the directed judgement and ended it already.
I thought you could legally refuse A field sobriety test with no repercussion.?
In some states if you do refuse, it's an automatic 1 year suspension.
The 5th amendment protects you from incriminating yourself. You are not required to help them investigate you. Stop talking too. Generally, drunks can't manage it.
The repercussions is that you can loose your license
You can refuse a field sobriety test. But, you can't refuse a chemical test of some kind without consequences. Most, if not all, states have a notice on the license itself saying if you refuse a chemical alcohol test you'll lose your license for a period of time. You've got to be prepared for that. Then, you hire Larry 😏
In Michigan, where I live, you can decline the field sobriety test without repercussions, but NOT the preliminary breath test. Refusing that gets you suspended for a year. The PBT cannot be used to convict you, but does give you probable cause for an arrest, as does refusing the FST.
Wtf? are you not going to show the verdict?
What was the verdict?
Stay tuned …
Still waiting.
His arthritis would not have bothered that test but if he had a head injury it most definitely would. And by the description of the officer and what was stated and what occurred and he hit his head on that steering wheel yes it most definitely would have affected that test and it would have made him think possibly that he was under the influence when he was not. Is a person who has nursing experience and medical college education.
The RA would most definitely affected the test. It significantly impacts his overall balance.
Did you watch the video ?
@@toolegittoquit_001 I was talking about the eye test portion of it.
Unfortunately, the HGN test is unreliable at best because there are other reasons that could cause the same eye-jerking results including:
Inner ear fluid movement, Antidepressants, Seizure medication, Head injury, Contact lenses, Caffeine
Drowsiness, Dry or irritated eyes, Smoking, Stress, and Pressure on the optic nerve.
In addition to these conditions, the officer performing the test may make mistakes. The test must be performed at a 45-degree angle from 12-15 inches away. His eyes need to be parallel to the subject's eyes. If any of these factors are not met, the test results are invalid. The NHTSA warns nearly 95% of the HGN tests given have inaccurate results. This is why these tests are often inadmissible in court.
@@adk2277 exactly. But the biggest point where they sank themselves was the fact that when she read that paperwork it said he could do one of the three but it did not have to be the one that they were requesting as the first one. If I was him I would definitely go back and sue their asses.
Maybe I'm too much of a Nube, but I thought I heard you say in a previous video that you include the whole trial. Maybe it is just each testimony. Really enjoy the content and can't wait, obviously, for the next!
He posts them in sections and he posts every night at 6:00pm 😊
@@16MedicRN thanks!
The officer should of stayed and learn something about humanity. The way he treated him was totally uncalled for. He needs more training. 🤔 I SAY "NOT GUILTY" 🤷♀️ 😄😆🤣 Just guessing...😊
LOL Another Cut before the Verdict!!! You Rarely show the verdicts (mainly guilty). Why Larry? Why? Guilty Guilty Guilty!!!
You don't watch 😏 He posts in segments. It will come and it's gonna be awesome ❤What's the evidence for guilty?
I have RA and I have feet that are not so great either. I wear a huge black leather boot that was made to support and fit to my foot. $3,000 boot. I fall every so often because I trip over my own feet. I could never do field sobriety tests. Even the eye test is effectively because of my medications. I would ask for blood also. I have watched enough videos that I know not to help them incriminate myself. I drive the speed limit and drive safely, because I know that cops always look for drunk drivers and know I would be taken in.
Are we going to get the DUI Guy's coverage of the Rekieta case in the future?
He was definitely drinking and driving
You are definitely lying out your ass...
What's the evidence unless you're just trolling 😂
The evidence presented by the prosecution doesn’t prove that beyond a reasonable doubt. Was he drinking ? Yes. Was he impaired ? We’ll never know if they didn’t draw blood
I'd have to defend myself before I let dummy dui guy be my lawyer
And you’ll end up with a permanent dui conviction on your sheet. In case you’re new here, he has a very successful not guilty record with his cases. So go ahead and defend yourself. You can be the fool as a client.
@@garywacaser6230 he's a troller. Probably wore his mask in the car with recirculate off 🙄 Look at his page. Just another hater helping with the algorithm.
@@16MedicRN😂😅
Why are you here then ?
If your associate can have a haircut like that in court!, I can surely ware a hat !! If I want to!!!
I do think the judge was totally wrong in not dismissing this mans charge of impaired. You would have to be a complete idiot not to know that there is nothing in this case proving him guilty . This judge should know that , im really disappointed in this judge
Field sobriety tests should be outlawed there set up for failer because you still have a cop making the final decision and thats wrong. It should road side breathalyzer and thats it. We in canada have never had field sobriety test. Also there many times it dangerous where there at to do these stupid tests. Plus i know who would fail sober. So there is just to many bad factors that can happen to not give a true out come.