Michigan Criminal Lawyers Blog
Late last month, Robert Joseph Albertini was stopped by a Cobb County officer who spotted the Atlanta Police supervisor weaving back and forth over a double yellow line. The supervisor, Robert Joseph Albertini, refused to submit to a field sobriety test and was arrested on suspicion of drunk driving. He was taken to the Cobb County Jail.
According to a Fox Atlanta news article, the incident took place on a road in Kennesaw. Chief George Turner placed Albertini on suspension and said that before making a decision on the offer’s future, an administrative hearing will be conducted.
In the state of Michigan, field sobriety tests are voluntary, which means that the individual who is suspected of driving while under the influence has the option of taking the test, or refusing it. Most Michigan DUI lawyers would recommend that motorists refuse this test, which is highly subjective. The tests administered in a field sobriety test in Michigan include the one-leg stand, the walk and turn, and the penlight (horizontal nystagmus) test. Unfortunately, how well you perform on these tests is left up to the police officer, who may decide that you did not meet up to his or her expectations. This could result in a drunk driving charge.
It is difficult for many sober people to stand on one leg, let alone someone who may be on prescription medication or suffer from a medical condition that affects their stability. Ultimately, field sobriety tests rely not on scientific evidence, but the subjective opinion of the officer administering the test.
This story proves that anyone can be arrested for DUI, even police officers. The Atlanta police officer was weaving back and forth across double yellow lines, but does that mean he was intoxicated? While he may have been, it could also be a case of fatigue, or distraction if he was perhaps texting, talking on a cell phone, or doing one of the dozens of things people do while they are driving that they should not be doing.
Regardless, anyone who is arrested or charged with operating a vehicle while under the influence of alcohol or drugs should make contacting an aggressive Michigan DUI attorney their first priority. A conviction will result in fines, driver’s license suspension, possible jail time, and a permanent criminal record. Why put your freedom and future at risk?