Lake City Drunk Driving Lawyer

Salt Lake man sues trooper who used Taser in DUI stop

SALT LAKE CITY — A Salt Lake man has filed a lawsuit in federal court against a Utah Highway Patrol trooper he feels violated his constitutional rights after twice deploying a Taser when he refused to take a breathalyzer test.

Ryan Wesley Jones, 26, is suing UHP Cpl. Lisa Steed in both her professional and individual capacity for the March 28, 2009, incident.

According to the lawsuit filed Friday in U.S. District Court, Jones and a passenger were pulled over by Steed. She asked Jones for his driver's license, vehicle registration and proof of insurance coverage and verified that all were valid, the lawsuit states.

"(Steed) told (Jones) that she smelled alcohol in the vehicle, 'wanted to make sure it wasn't coming from (plaintiff)' and asked plaintiff to blow into the machine," the lawsuit states. "In response, (Jones), still seated in the vehicle with the door closed, said 'I would like to speak to my lawyer before I take any tests.'"

The lawsuit claims Steed pulled out her Taser and threatened to shock Jones if he didn't exit the vehicle.

"In response to … (Steed's) threat, (Jones) reiterated his request to speak to his lawyer and said, 'Ma'am, please don't shoot me with your Taser,' according to the lawsuit. "Nevertheless, … Steed leaned into (Jones') vehicle and deployed her Taser against Plaintiff's left upper arm."

Steed again deployed the Taser and told Jones that she would next use Taser darts if he did not exit the vehicle and would not respond to his question as to why he couldn't call his attorney, the lawsuit states.

Ultimately, Jones exited the vehicle, but refused to take field sobriety tests, prompting Steed to arrest him.

Jones is now seeking monetary and punitive damages, as well as attorney fees, on the argument that Steed "acting under color of state law" personally violated his Fourth Amendment rights to not be subject to unreasonable search or seizure.

A dashcam video recording of the incident can be seen on youtube.com

Email: emorgan@desnews.

8 Frequently Asked DUI Questions & Answers | DUI Lawyers

Answer: A police officer has to prove that you, as the defendant, was in actual physical control of the vehicle while under the influence of alcohol, a controlled substance, or any other chemical substance that impairs the functioning of your normal faculties, which include seeing, hearing, talking, walking, and any other task we perform in everyday life. Furthermore, a lawful blood-alcohol-content test must be administered and must show that you had a BAC level of 0.08 grams per one hundred milliliters of blood or 210 liters of breath.

Question: Should I perform field sobriety tests?

Answer: Remember that your performance in a field sobriety test can’t serve as concrete evidence of intoxication. You have the right to graciously decline a police officer if he asks you to perform this test because the results can be used to work against you come trial time. A field sobriety test is, if anything, unreliable because even sober persons who have physical disabilities can fail this test. Then again, a police officer is allowed to make use of his own subjective judgment to determine the results, and you’ll never know if the arresting officer is set to have you convicted. You’re not forced to perform a field sobriety test. If an officer compels you to do so and makes you perform tests without your consent, then it could be a big plus to your case.

Question: Will submitting to a breathalyzer test harm me?

Answer: The breathalyzer test only shows a number that’s used to indicate the level of alcohol content in your blood. It, however, doesn’t signify anything when it comes to the impairment of your normal faculties. For instance, a person who doesn’t drink often may have a BAC level less than 0.08 but is obviously impaired. Nonetheless, a more avid drinker can have a BAC level above 0.08 and not show any signs of impairment at all. Having said that, consider the time when the breath test is administered. If you’re requested to perform the test hours after the arrest, there is a huge possibility that the results of the test won’t be an accurate picture of the situation. It’s, thus, up to you whether to take the test or not. Furthermore, state attorneys can also argue that you’re guilty of DUI merely for refusing to breathe into the machine, bringing in unpleasant consequences that can affect the rest of your everyday life.

Question: Is having my blood sample taken any better than submitting to field sobriety or breathalyzer tests?

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