Taimoor Rana is seasoned criminal defense attorney specializing in DUI related cases. He shares his expert legal opinion here The Fact: Field Sobriety Tests are Designed for Failure »
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- The police officers commonly use roadside field sobriety tests ("FSTs") in DUI investigations in order to determine whether a driver is under the influence of alcohol. Typically, these tests consist of a battery of 3-5 excercises, such as walk-and turn, one-leg stand, "nystagmus" ("follow the pencil with your eyes"), finger-to-nose, alphabet recitation, "Rohmberg" (eyes-closed-position-of-attention), etc. It may be subjectively decided by the officer that whether the individual "failed", or the officer may decide it after applying recent federal "standardized" scoring.
These DUI tests possess an aura of scientific credibility. Unluckily, despite of all the facts, these tests have no real basis in science and they are almost useless in a drunk driving case.
First, as it is known by any traffic officer or DUI attorney that the decision to arrest is made at the driver’s window; the FSTs that are given are supposedly to determine probable cause to arrest. These tests are actually taken for the purpose of gathering evidence.
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California DUI Court Appeals »
In this article we will explain you about the DUI court appeals and writs that are processes in California.
San Diego Appellate DUI Cases
If you have to appeal a conviction for DUI in California, then for that your attorney must request an authoritative court to have a review of the decision or verdict reached by a lower court in a finished hearing. If you get success in it then an appeal of a lower court’s decision could possibly become the cause of dismissal of the case, reduced charges, or for a retrial to be granted. If in case your San Diego DUI hearing resulted in a jail sentence, then in most of cases you would be considered as eligible for release on bail while your appellate case is pending.
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Most Common DUI Case Mistakes »
In this article we have described few mistakes that is commonly made by DWI Lawyers and defendants.
Errors Usually Made by DWI Lawyers And Defendants
1. Failure in addressing the situation & possible results accordingly
If anybody is convicted in San Diego, his DUI conviction remains on his California criminal record evermore. Moreover, it could also be subjected to reinvestigation by any present or future officers, insurance firms, loaners, and other authorities. If guilty, the person can possibly face increased insurance rates, or cause to drop his policy altogether.
2. Not taking an attorney dedicated and expert in defending dui case
Or employing an ordinary criminal attorney who has broadened his or her services over many other areas of crimes. Laws relating DUI are complicated; the equipments and evidences relating to drunk driving cases are highly technical and scientific.
Therefore, you should engage a qualified DUI lawyer who deals only the DUI defense cases, with a proven track record of winning results. Your attorney should be good in defending drunk driving crimes, and experienced enough to know when and what to contend on your behalf. WHO you prefer as your lawyer can be a critical decision affecting the result of your case.
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Investigation of DUI Cases: What are the SFST’s? »
In this article we have described about the tests which the cops ask a person to perform during a DUI or drunk driving offense stop. The information that is provided in this article is pertinent to DUI offenses across the nation as SFST stands for Standard Field Sobriety Tests which means they are considered to be standard across the United States.
Investigation of DUI Cases:
What are the SFST’s? How do CA courts deal with FST’s that are not performed in accordance with NHTSA? These are the frequently asked questions about SFST’S. I have tried to give the answer to these questions.
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Basic Information about DUI Evidence. »
Evidence in a drunk driving case generally falls into several categories.
Driving.
This is usually what the police see first. It may involve weaving, lane straddling or erratic driving. Where you aware that there are 20 different driving patterns recognized by the National Highway Traffic Safety Administration which could be possible indicators of intoxication? Speeding is not one of these.
Appearance / Behavior.
These may include an odor of alcohol on the breath, bloodshot eyes, thick and/or slurred speech, flushed face, fumbling with a wallet to get the driver’s license, unsteady gait, leaning on the car for support, difficulty following directions, etc. Some of these are odor of alcohol, bloodshot eyes and slurred speech which are encountered so often that some officers, trained to expect them, will include them in their arrest reports even if they are not actually present.
Field Sobriety Tests.
These may include walk-and-turn, one-leg-stand, modified position of attention (Rhomberg), alphabet, horizontal gaze nystagmus (HGN) (following the pen), fingers-to-thumb, hand pat, roadside breath test.
Statements You Make.
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