Almost every client comes in thinking they did pretty well on their sobriety tests. In my experience, however, the test is rarely administered with the proper instructions, and the signs of intoxication the officer writes in the report are not the clues that are supposed to be standardized.
I have seen reports that looked bad, but the video evidence showed a completely different story. This can happen when someone performs well, but the report says otherwise, which is one of the reasons DUI defense attorneys need to investigate to see where the officer might be making mistakes or even fabricating evidence.
I have handled cases where the video showed the officer doing completely different tests than those named in the report. People might do well, but no matter how well they’ve done, the DA will always look at the test results through his own filter, one that says the individual was under the influence.
Are There Any Medical Conditions That Could Help My Case With Standardized Field Sobriety Tests?
Some medical conditions can definitely affect how someone performs on the field sobriety tests: vertigo, anything that affects a person’s balance, memory loss, short term memory retention, injuries to joints, ankles, knees, legs, feet or any other condition that might affect a person’s motor or mental skills.
Could It Affect The Case If Someone Was Overweight?
Absolutely – a person’s weight can play a significant role, especially on balancing tests like the One Leg Stand, or the Walk and Turn because of the way an you are supposed to be positioned for those tests.
Do Weather Conditions Affect The Case?
Weather can also play a distinct role, yes. For example, if the person is a woman wearing high heels and a short skirt and it’s the middle of winter, she might be too cold to be able to focus on these tests. These are important details for the attorney to know. The officer will say he took all of those facts into consideration, but he may not be able to answer questions posed by the attorney about how he actually used those facts in making his determination.
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