Tainted Field Sobriety Test

By Raul Fernandez

(GERING, Neb.) — On June 9, 2025 at approximately 10 p.m., Officer Brandon Wallace of the Nebraska Game and Parks observed a vehicle driving east bound on Point Rd at Lake Minatare without it’s headlight. The driver was using a headlamp to illuminate the road ahead, causing concern. The officer attempted to stop the vehicle using only his emergency light to no success, so the siren was used and thus the vehicle stopped on the road leading to the main office.

Upon approaching the vehicle, the officer noted a grape vape smell and slurred speech. He then instructed the vehicle to park in a camp spot. The officer walked alongside the vehicle, then once parked asked the driver to stand near the bed of the truck while he brought his patrol vehicle closer to continue his investigation.

While the officer was driving to the parked truck he observed the suspect taking two drinks from a bottle of vodka. When asked about his bottle, he told the officer he had actually taken 5 drinks while waiting for the officer to pull behind him, then quickly seized the bottle from him.

The officer then began a field sobriety test. First test was the horizontal gaze and stainless test, then the nine steps then turn test. He continued with the 1 leg stand test and finally an ABP. After finishing the test, the officer went to his patrol vehicle to call a supervisor, meanwhile the suspect reached into his driver side and began to drink a can of Bud Light. Observing this, the officer then placed the suspect under arrest and in his patrol vehicle before requesting assistance from the NSP.

At approximately 11:40 p.m., Trooper Kleich arrived to transport the suspect to the hospital for a blood draw to determine his BAC (Blood Alcohol Content). Bakkehaug repeatedly told the trooper he would be refusing the blood draw on the way.

Ultimately, the suspect was charged with DWI, refusing to submit to testing and obstruction of government operations.

On October 27, 2025, Timothy Bakkehaug appeared before Judge Worden for a bench trial.

The states first witness was Trooper Kleich who, using BWC as exhibit #1, testified to the slurred speech during transportation to RWMC and stumbling while walking from his patrol vehicle to the blood draw station. The defense during cross examination made it clear that the trooper did not smell alcohol until at the blood drawn station and not before. Also asked the trooper to point out the stumbling in the footage but it was unclear or very minimal.

Officer Wallace was the next witness who explained his observations and the process of the DWI investigation he conducted. He started by stating the vehicle itself was missing the actual headlights and bumper. He testified that the only smell he originally observed was a grape vape before asking the driver to move his vehicle to an actual camp spot. He testified that out of all the field sobriety tests conducted, only during the nine steps and turn did he observe clues 3/12 possible.

During cross examination, the officer was asked if he suspected anyone of driving while intoxicated, would he allow them to drive to which he answered no. He was then asked how large of drinks from the bottle he observed the suspect drink, he said not chugs but bigger than shot amounts. He was also asked if he knew how much of the Bud Light the suspect actually drank after the sobriety test. He could not answer, even though he took the can from him and placed it in the bed of the truck.

During final comments the state agreed that the DWI conducted was less than perfect, but giving the decision to drive without headlight and the slurred speech he asked the judge to find him guilty of DWI.

The defense stated that Officer Wallace admitted that he would never allow anyone to drive drunk, yet he allowed the suspect to drive his vehicle to a camp spot after the initial stop. Also that the field sobriety test was void because he obviously drank before and after, and asked the judge to find him not guilty on DWI, but that the defendant would plead guilty to refusal of blood testing.

Ultimately the judge agreed that the field sobriety test was tainted and so he found the defendant not guilty of DWI. Stating that although driving without headlight was not smart it was not enough to convict him even when combined with the slurred speech and that Officer Wallace failed to tell the court whether 3/12 during the nine steps and turn test was a fail or pass.

Bakkehaug will reappear court on December 11, 2025 for sentencing on refusal to submit to the testing charge. The defense will be seeking probation.