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David Cassidy DUI Tape -- Wandering Eye Defense

11/29/2010 7:45 PM PST BY TMZ STAFF

David Cassidy's DUI arrest in Florida was all caught on tape -- and during the incident, the former teen star can be heard telling officers that his "wandering eye" could be a factor during the field sobriety test.

David Cassidy DUI Arrest Video

Moments after the Florida Highway Patrol pulled over the "Partridge Family" star on suspicion of driving drunk on Nov. 3 ... a trooper asked Cassidy if he had any problems with his eyes.

Cassidy responded, "I do ... I had a wandering eye as a child ... my right eye still wanders when I get tired."

Cassidy then performed and failed several field sobriety tests -- and was subsequently cuffed. In the report, the arresting trooper claims Cassidy blew a 0.139 and 0.141 -- way over the .08 legal limit.

Cassidy can be heard griping, "As a guy who's supported you guys over the years ..."

The trooper interrupts ... saying, "It doesn't make a difference who you support." Cassidy responds, "I know ... it doesn't."

Cassidy was eventually charged with driving under the influence, failure to maintain a single lane and driving with an open container in the car.

He's due back in court in January.


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What part of the test did he fail? Sure, he failed to follow the instructions a few times, but that is to be expected when it's loud outside, the cop is rapidly giving instructions, and the driver is fatigued. There was no instance where he lost his balance or lost his concentration.

He blew a .14, but I didn't see the probable cause for administering the test. Some recommend using the blood test because it takes longer for them to begin the test (has to be done at the police station not on the roadside), which helps give your adrenalized body time to burn off excess alcohol and may permit you to come in below the limit, or at least lower than at the time you were stopped.

Odd that the cop mis-spoke and disclaimed being "an obstetrician." If the suspect had made such an error would it have been used as evidence of intoxication?

1370 days ago


I watched the video and truthfully, I didn't see that he had a problem...
and I don't even have a wandering eye!

1370 days ago


ha-ha on stephi... i got yer goat

1370 days ago


he doesn't looks drunk to me.

1370 days ago


I don't know about other states, but where I am, you do not have to submit to any tests, field, breath or urine. IF you are pulled over, the best thing to do is just crack your window and hand them your license, etc. and if they ask you to get out, ask if you are under arrest, if they say no, then tell them you do not submit to anything and ask if you are free to go. NEVER consent to a search. I am opposed to drunk driving, just making that clear, but my father is an attorney and he has taught us how to deal with cops. Some cops can be jerks. David cassidy was lucky, these guys seemed decent, at least. I just wonder about the cologne question! lol He probably smelled like Bacardi 151 :~)

1370 days ago


He didn't seem tipsy to me. If it was not for the open container in the car they might not have took him in in my opinion.

1370 days ago


This is definitely not a case of a celebrity given preferential treatment.... I thought Mr. Cassidy was fine, the cop... not so much.... he is not smart enough to know a pediatrician from an opthamologist nor (even more pathetic) his own police car from a state patrol vehicle. His personality (the police officer) matched his IQ, both non existent!!!

1370 days ago

Sasha Jo    

I KNOW that when his blood alcohol level was tested he was over the limit, however, my beef is with the roadside "test." I have a balance problem due to health issues and couldn't perform those "tests" WITHOUT alcohol! Hope I never get stopped! How humiliating.

1370 days ago


It doesn't matter, he was still drunk. Even drunks can get away not acting like a drunk.

1370 days ago


Usually, it's the fatigue and lack of food that causes DUIs. The drunks know how to get the vehicle home... they do it all the time. They can't however do it when they've had no sleep for 20 hours and no solid food for 10 hours. Never underestimate the value of being a wide-awake drunk if you have a distance to drive home.

There are people who are such serious alcoholics that their bodies can function well with very high levels of alcohol. Those individuals will not act seriously intoxicated even with high amounts of booze in them. But they cannot function without a drink in them either.

Mostly, drunk drivers are just killing other drunk drivers. If you want to avoid getting killed by a drunk, stay off the road between 1 a.m. and 5 a.m. Now there are exceptions. Occasionally, a drunk will cap off a Thursday evening happy hour by slamming head-on into a church school bus on Sunday morning, and that of course is tragic.

Cops are interested in catching drunks and speeders, but the real risk is the person not wearing a seat belt. If you drive drunk and speed and crash while wearing a seatbelt, then you will survive better than if you crashed while sober and doing the speed limit without a seatbelt.

Always wear a seat belt.

1370 days ago


He didn't look drunk to me. But he blew a .14? Maybe the cop wasn't as stupid as he seemed in the video.

1370 days ago


Shame on you TMZ. There was no "wandering eye" defense offered. David Cassidy complied with the officers' orders, answered their questions, and submitted to their authority. He cooperated fully, and does not deserve your ridicule. By the way, the finger to nose test was not instructed according to the correct NHTSA standard. The cop improperly required Mr. Cassidy to point to him (the cop) before touching his nose. the cop was being narcissistic, I think.

1370 days ago



Why don't more people stand up for their rights and decline the field sobriety test HARVEY ??????

Posted at 4:10 PM on Nov 29, 2010 by Jim K
Not Harvey but,
In the state i live in you can refuse to take
any test breathalyser,blood, ect.
but you will automatically loose you drivers license
and you can still be convicted on the cops testimony

1370 days ago


now he can get on job on the smoking gun most dumbest staring danny bonaduce

1370 days ago


I felt bad for David Cassidy. I thought the cops were being azzes. David seemed fine to me, not drunk. He was respectful. Even if he was over the limit, that cop , like most cops, have that power hungry thing and love to humiliate people I think.

1370 days ago
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