I find that almost all of my potential DUI clients fall into one of two categories when it comes to the field sobriety tests. Half of my prospective clients believe they aced the tests, and some did actually do well. The other half believes they completely failed – and some really did. However, as a DUI defense attorney, and former prosecutor, I am not immediately concerned with how my client performed on the test but on how the police officer performed on the test. That’s right, the officer!
As former prosecutors we know how to exclude the government’s evidence against you. A police officer is only allowed to testify that you were intoxicated if he, or she, performs the field sobriety tests in substantial compliance with the National Highway Saftey Transportation Administration’s (NHTSA) guidelines. This might sound like a fairly simple thing to do, but you would be surprised how many police officers fail to properly administer the field tests.
An example of a common mistake that police officers make is on the horizontal nystagmus test, or eye test. All officers conducting the test are required to hold the pen approximately 12-15 inches from your face, but often the police officers will hold it far too close. Another example is on the walk and turn test, the one where you have to take 9 steps in each direction, the police officer will forget to ask you if you understand the instructions. These simple errors by the police might not seem important but when you consider that the field tests are supposed to be scientific tests these errors add up quickly.
If you take the test, and you really should not, you are providing the police officers with evidence regarding your intoxication. If you fail the test the police now have probable cause to arrest you, and if the test was administered properly they probably have enough evidence to convict you as well. That’s why it is so important to hire a Cleveland DUI Lawyer to protect you from these charges.
Call me, Joe Patituce, at (440) 471-7811 now to discuss the facts of your case. The call is pressure free, and without any obligation, and if I decide to take your case we will begin working for you right away.
