Domestic violence was a part of my family's life for years. When I made the decision to leave with my children, I had to rely on the law to provide the protection we needed. Sometimes, the system does not work as fast as we want. I soon learned that going at it alone without any guidance caused significant delays. I created this blog to help others who are seeking legal means to deal with an abusive ex. By making the right moves, it is possible to get the necessary protections in place so that you can also live a happier and healthier life.
Were you given a ticket for a DUI that you felt was not fair, which was all due to a field sobriety test? If so, know that it is possible to have that test thrown out in court for a few different reasons.
The Police Officer Didn't Administer The Test Properly
There is a right and a wrong way to administer a field sobriety test, and it's possible that the police officer did it the wrong way. That can happen if the police officer did not give you proper instructions.
For example, you may have been given a horizontal gaze test, but the officer did not tell you that they were doing it. The horizontal gaze test involves measuring how much someone's eyes move, but it is easy to move your eyes erratically if you are not aware of how you are supposed to keep them still on an object.
The Police Officer Did Not Demonstrate The Test Properly
It is also up to the police officer to demonstrate how to administer a field sobriety test properly. If they were to administer a one-leg stand test, the officer would need to show how high you are expected to hold your leg up. If you do not have that demonstration, then you may end up lifting your leg unnecessarily high and throw off your balance.
The Police Officer Didn't Account For Your Physical Limitations
A lot of the field sobriety tests that are administered are physical tests. While there are some tests that do not involve movement, like the horizontal gaze test, others involve a lot of movement. If you have some sort of handicap that would prevent you from performing well on the test, it is up to the police officer to administer a different type of test. If not, you'll end up failing the test when you are sober.
The Police Officer Scores The Test Incorrectly
There is an actual scoring method that is used by police officers to determine if you pass or fail a field sobriety test. That is why it is worth challenging your score in court to see how you actually did. This may be possible by using body cam or dash cam footage of you performing the test to prove that the scoring was inaccurate.
Feel like you were not fairly given a field sobriety test? Contact a DUI lawyer in your area to learn more.Share