3 Real Lawyer News                                                                                                                         February 23, 1999    
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He testified he was at a business in the same parking lot as the North Shore Bar with his wife when they ran into his sister.  They stopped to talk.  They did not enter the bar, and he had no alcoholioc beverage to drink.

Sneed testified he passed Kanavel's parked patrol car by a mere 50 to 100 yards when Kanavel pulled out to follow him.

Sneed testified Kanavel stopped him and walked up to his door.  Sneed rolled down his window ready to hand Kanavel his auto registration and insurance.  Kanavel asked him to get out and walk to the rear of his vehicle, according to Sneed.  Sneed did, and then he asked Kanavel why he was pulled over.  Kanavel replied that Sneed was swerving, which Sneed denied.

Next Kanavel asked how much Sneed had to drink.  Sneed said, "nothing."   Kanavel then requested that Sneed do some field sobriety tests (FSTs), which Sneed declined to do, he said.

Sneed again asked why he was pulled over.  Kanavel said he did not want to argue, but instead wanted Sneed to perform the FSTs.  Sneed replied he had nothing to drink and did not feel like taking the FSTs, according to a transcript of the motion hearing.

According to Sneed, Kanavel then told him, "You know you're going to lose your license for a year if you don't take these tests."  Again, Sneed refused the FSTs, but he

said he would be "more than happy to take your Breathalyzer, or urine or blood sample at the appropriate time, but I'm not going to take any field sobriety tests," Sneed said.

Kanavel then told Sneed he was under arrest for DUI and placed him in the back of his patrol car, said Sneed.

Kanavel, according to Sneed, then approached Sneed's wife, who was still in Sneed's truck.  "The next thing I know, she's getting out and handing him the keys to the vehicle, and she's walking through the parking lot with no shoes and boxer shorts and a t-shirt at 1:00 in the morning," Sneed said.

Kanavel told Sneed his truck was being confiscated, and that his wife was going to have to find other transportation home.

Almost two hours later, when Sneed blew a .000 BAC, Kanavel was very upset, threw his pen, and said, "you know, we could have eliminated this from the beginning if you would have just admitted or done my field sobriety tests.  We could have done this in ten seconds," said Sneed.

Sneed testified he and Norton returned to the North SHore Bar a week or two later because he was still upset that Kanavel stopped him and left his wife on the street ini her underwear at 1:00 in the morning.

Sneed bet Norton that if Norton drove his truck to the North Shore Bar that Norton, too, would get pulled over, Sneed said. 

Sneed testified he and Norton sat across the street and watched Kanavel pull cars over as they left the North Shore Bar.

Later, as a joke, Norton drove his Blazer through the North Shore Bar parking lot very slow, taking his time, and then pulled out on to the street, said Sneed.   Kanavel then pulled Norton over, Sneed said.

Sneed said he saw Kanavel pull over eight cars that night that exited the North Shore Bar.

Sneed testified, " . . . as soon as they pulled out [Kanavel] pulled out and followed them."  Sneed said Kanavel would return five minutes later and park in the same spot.  As soon as the next car pulled out of the bar, Kanavel pulled out and followed them.

Sneed did not see any traffic laws violated by any car leaving the bar, he said.

Sneed testified he stayed across the street to watch what Kanavel did when Norton drove his Blazer through the parking lot and past Kanavel's position.

Sneed said as soon as the Blazer "got even with Officer Kanavel, he pulled out right after him.  Bruce put on his signal.  I could stand right there on the edge of the sidewalk.  I saw Bruce turn his signal on, and he got over in the lane.   And then he turned his signal on again and turned right into some trailer parks.   The officer kept going."

Continued on Page Four

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