DUI Defenses: Why Field Sobriety Tests are Not Really Tests
People are often confused, upset, and nervous when the arresting DUI Officer informs them that they have “failed” there DUI “Field Sobriety Tests”. The first thing usually heard in a Tampa DUI Attorney’s Office during an initial consultation is, “I know I didn’t fail that test. I walked the line just fine. I hopped on one foot just fine”.
While it is understandable that to think the Officer is wrong in his conclusion of whether you failed or not, the Tampa DUI Lawyer who focuses on the results of the “test” is missing the forest for the trees. That’s because in Florida, the Florida Supreme Court decided in Meador v. State that the Field Sobriety Tests were not really tests at all; just exercises. In other words, the evidence of the field sobriety exercises is not scientific testimony, and the cop is not an expert on the walk and turn and the stand on one two.
A competent Tampa or Florida DUI Attorney can use the Meador v. State ruling to limit the way the State and the arresting officer present their case. Through careful pretrial motions, the effectiveness of the Officer’s testimony can be seriously diminished.
When the Jury does not hear the pseudo science that the Officer and the State try to feed them regarding the field sobriety exercises, it becomes easier for the criminal defense attorney to help them see the exercises for what they really are: silly, abnormal exercises that are of little to know value whatsoever.
Therefore, whether you “passed ” or “failed” the officer’s silly exercises is not the issue. Preventing the officer from trying to make the exercises seem scientific is the first step. Then, helping the Jury see that the tests themselves are ridiculous is the preferred way to go.
And if you did a great job on the abnormal ridiculous exercises, that is considered icing on the cake when your Tampa DUI Attorney presents your case.
Contact a DUI Criminal Attorney at Denmon & Denmon Today
If you have been arrested or charged with a crime, contact Denmon & Denmon Trial Lawyers at 813-554-3232 (Hillsborough) or 727 -753-0049 (Pasco or Pinellas) to discuss your case. Ask to speak directly to an attorney.
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