I have never been one of those people who runs with the wrong crowd, but about six months ago, I knew that I was in trouble. I was with someone when she did something against the law, and it made me a suspected accomplice. I knew that I needed help to prove my innocence regarding the involvement, so I started going through and talking with different criminal attorneys. I was able to find a great lawyer that really understood my position, and he did everything possible to prove my innocence. This blog is all about proving your innocence in court, so that you can move on with your life.
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Just because you were arrested for driving under the influence is no reason to expect to be convicted. Your criminal law attorney has multiple avenues for challenging the state's case against you and you have a chance to be exonerated or to have your charges reduced. One of the main forms of evidence the state will present against you is the results of the testing performed at the roadside. Any such testing can be invalidated if an impropriety can be found, so read on to find out how some of these tests are performed and why the results can be so questionable.
Three Sobriety Tests to Consider
Developed by the National Highway Traffic Safety Administration, these three field sobriety tests are meant to give law enforcement a quick and easy way to determine a driver's sobriety during a roadside stop. Unfortunately, these tests can be very subjective and the results are challenged in court time and time again. While some may consider the performance of these tests funny, if you fail to challenge them you might end up in far from hilarious circumstances.
Walking, Counting, and Turning
The walk-and-turn test is often the first test law enforcement springs on stopped drivers if they suspect they have been drinking. The instructions are to place one foot in front of the other while walking in a straight line and counting to 10. The subject is then told to turn around and come back to the starting point. This exercise, like almost all field sobriety tests, judges not just the performance of the test but the ability of the subject to follow directions. The test requires steadiness and balance with each wobble being a mark against the subject. Concentration and short-term memory are also needed to properly perform this test.
The Tree Pose
It's not exactly yoga but the one-legged stand comes pretty close. The instructions are to stand perfectly still with one leg raised several inches off the ground and perform a complex verbal counting routine while doing so. This test judges balance and concentration.
Gazing at the Officer
This test is performed with either a finger or a penlight held by the officer. The horizontal gaze nystagmus is named for a vision condition where the victim is unable to focus without their eyes jerking around. This test sounds simple but can be challenging since the officer uses random movements to track eye movements.
These tests are always recorded and your criminal defense lawyer will be very interested in obtaining a copy of your own tests. Speak to a criminal law attorney to find out more.
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