I remain confused. I have never claimed to be a certified "expert". I simply checked the box in Leadrs as a Certified SFST Practitioner. I do not care to be an expert. Mr Trichter attorney for the defendant in a joint meeting with the prosecutor, prior to the suppression hearing, stated that in my testimony at ALR, I stated that I was a certified practitioner. To my knowledge, at That time and presently, understood that according to NHTSA, TxDot, and TCLEOSE and my department, I am a certified SFST practitioner. Mr. Trichter, informed me in a "friendly way" that I "could" be charged criminally for claiming to be a Certified SFST Practitioner when in fact I could not have such a certificate until I reach my two year mark and submit the required documentation. Mr. Kim Vickers sent me a document, which I forwarded to to Mr. Trichter that states;


The National Highway Transportation Safety Administration’s (NHTSA) Standardized Field Sobriety (SFST) 24 Hour Practitioners course was included in the 618 hour Basic Peace Officer Curriculum (BPOC) effective January 1, 2005. NHTSA and the Texas Department of Transportation (TXDOT) Traffic Safety Division supported this move. All Texas police recruits attending the Basic Peace Officer Course since that date have and will receive basic SFST training as part of their basic curriculum. Once an officer has completed their basic curriculum training they are considered by case law to be an "expert" in the SFST field and are eligible to give the sobriety tests and testify in court. No further updates or additional training is required to satisfy being an SFST expert. Information on that case law can be found in EMERSON v STATE, 880S.W.2d 759.


Additionally, there is an SFST Practitioner Certificate that may be obtained by an officer. This is a voluntary certificate and has no bearing on an officer's "expert" status in SFST. The Texas Administrative Code supports that position


§221.1. Proficiency Certificate Requirements.

(a) The commission shall issue proficiency certificates in accordance with the Texas Occupations Code §1701.402. Commission certificates issued pursuant to §1701.402 are neither required nor a prerequisite for establishing proficiency or training.


Please forgive me for my ignorance, but what is my protection under the law. I have about 20 DWI cases pending and I certainly do not wish to misrepresent myself or be prosecuted on semantics.

Since you are a certified peace officer in the State of Texas and have taken the neccesary course work on the field sobriety tests as part of that certification, I would tender you as an "expert" in a trial. Really it comes down to whether the judge qualifies you as such. You are correct that caselaw is very clear about the Admin. Code having NOTHING to do with your "expert" status. Don't let Gary Trichter scare you. If you are a certified peace officer, you are "certified" to administer the SFSTs and testify accordingly.

That's a good question, officer, and I'm glad you asked it so thoroughly. Your analysis of your certification is spot-on. There are doubtless other officers out there who have likewise been vaguely threatened by equally duplicitous defense attorneys. Please keep up the good work.

Thank you for your response. Mr. Trichter is a very good Attorney and represents his clients well. I learn something every time he trashes me in ALR...he is a very good teacher...He just got me on this one...and my County Attorney....This case was pled to lesser included offense...On a DWI 2nd...Thanks Again