The majority of DUI cases include the arresting officer administering a field sobriety test to the defendant. In order to prepare a solid defense, your Brockton DUI lawyer will need to review the details of the specific test that was administered in your DUI case.
There are three standard field sobriety tests administered in DUI cases: the One-Leg Stand, Walk and Turn, and Horizontal Gaze Nystagmus (also known as the Eye Test). These particular tests have gained prominence as seemingly effective, objective, and easy-to-administer methods of determining impairments in driving as a result of alcohol consumption.
Regardless, for each one of these tests, a good Brockton DUI lawyer should address point by point the inadequacies of the officer’s instructions, demonstration, administration, and scoring.
The One-Leg Stand and Walk and Turn field sobriety tests are generally referred to as coordination tests. If you were administered either one of these tests in your DUI arrest, your Brockton DUI lawyer will need to examine the circumstances under which the arresting officer administered the test.
Your lawyer should also evaluate your own physical coordination under sober circumstances. In other words, your Brockton DUI lawyer will need to demonstrate that it is difficult even for a sober person to perform these coordination-based field tests properly. Furthermore, if your lawyer can show that you are not physically capable performing these tests when sober, it will be much easier to successfully reduce your DUI charge or have it dismissed altogether.
Horizontal Gaze Nystagmus Test
If the arresting officer administered the horizontal gaze nystagmus test, your Brockton DUI lawyer will evaluate you for naturally occurring nystagmus. Your lawyer will also determine whether the officer properly administered the test. The majority of these tests are not properly administered, thus making it possible to be excluded by motion prior to trial.
For more information about the validity of the specific field sobriety test that was administered in your DUI case, Call the Law Offices of Edward Sharkansky at 877-2WINDUI to schedule a complimentary consultation with Brockton DUI lawyer Ed Sharkansky.Find me on Google + !