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Richard A. DeMichele, Jr. is a seasoned litigator, devoting a substantial part of his practice to family law and personal injury matters.
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Defending Against Standardized Field Sobriety Testing
Field sobriety tests are common place whenever someone is suspected of DWI. In fact, except where the suspect is injured in an automobile accident and needs medical attention, field sobriety tests are normally administered shortly after the police arrive on the scene. The Standardized Field Sobriety Test (SFST) is the form of test administered by law enforcement when a person is under suspicion of DWI or DUI. The performance of the tests are evaluated in a standardized manner n order to obtain validated indicators of impairment and ultimately establish probable cause (“PC”) for a DWI arrest. There are plenty of urban legends out there concerning what constitutes a proper field sobriety test. Significantly, in New Jersey, only field sobriety tests developed by the National Highway Traffic Safety Administration (NHTSA) can be used by the municipal prosecutor to obtain a DUI Conviction. The officer conducting the field sobriety test must successfully complete formal training. The NHTSA provides formal training to law enforcement to ensure that the arresting officer is skilled at detecting DWI suspects, describing the behavior of suspects, and presenting effective testimony in court. The three recognized Standardized Field Sobriety Tests are:- Horizontal Gaze Nystagmus (HGN),
- Walk-and-Turn (WAT),
- One-Leg Stand (OLS).
- The eye cannot follow a moving object smoothly,
- Jerking is distinct when the eye is at maximum deviation,
- The angle of onset of jerking is within 45 degrees of center.
- Cannot keep balance while listening to the instructions,
- Begins before the instructions are finished,
- Stops while walking to regain balance,
- Does not touch heel-to-toe,
- Steps off the line,
- Uses arms to balance,
- Makes an improper turn,
- Takes an incorrect number of steps.
- Swaying while balancing,
- Using arms to balance,
- Hopping to maintain balance,
- Putting the foot down.
The following two tabs change content below.
Richard A. DeMichele, Jr. is a seasoned litigator, devoting a substantial part of his practice to family law and personal injury matters.