Can I Challenge the Admissibility of FST's from a DUI Arrest? ~ Best Answer on AVVO ~ Call Michael A. Haber, Esq. @ 1-888-SHARK-8-1
Q: The use of standardized and non-standardized FST on a dui stop. A cop with no evidence other than his own testimony detailed a report of 5 failed FSTs during a dui stop. of which 3 were standard (Walk and turn, Horizontal Gaze Nystagmus, and Walk an turn) and the use of the extra 2 Romberg tilt test, and the finger to nose. The report states that all 5 of the tests were failed based on a number of varying queues. Does the use of the additional 2 tests aid in any kind of defense that could be attacked or challenged? Does each county have its own admissible acceptable uses for non-standard FSTs per NHTSA? There are no breath tests results or BAC done--They were refused,And i miswrote- Walk and Turn, HGN, One Leg Stand, as well as the Romberg tilt and finger to nose were used.
Answered . Yes and yes. Yes, each court has its own methods and rules on admissibility. What one court accepts another may reject. And, yes you can challenge the additional tests - in precisely the same manner as the "standards", that is to say exposing them for the "voodoo 'science'" that they are. These are "abnormal tests for normal faculties".
Find yourself an experienced Palm City area criminal defense lawyer who's practice revolves around DUI defense litigation. These are the toughest cases - the "he said / she said" variety - and they require a great deal of knowledge, skill, persuasiveness and jury appeal.
Although I practice primarily in Miami-Dade County you are welcome to contact my office for a referral or two, or you can search either Avvo or the Florida Association of Criminal Defense Lawyers website by locality (please seehttp://www.facdl.org/ - and click on the "Find A Lawyer" tab).
You can also take a look at the following #HaberPA VideoFAQ which may be helpful to you:
60) What are FST's / Roadside Sobriety Tests & do you have to take them? - https://youtu.be/3we2ogGlIUA
I hope that this has been helpful and wish you the best of luck!
First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq. on Avvo. Fourth: Anything that you post on Avvo (or on similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, so, as this is an open forum (with no privilege attached), please be extra careful when considering what to post online (forewarned is forearmed.)
At Michael A. Haber, P.A. the goals in representing folks are A) to be honest and realistic about litigation objectives; B) to be fair in regard to fees; C) to be consistently available and responsive to the client (in person, by phone call, text, email, Facebook. Twitter and otherwise); D) to keep the client informed; and E) to secure your positive feedback / client review at the conclusion of each case.
At Michael A. Haber, P.A. "Its all about reasonable doubt"!
Michael A. Haber, Esq. is prepared to speak with you about your case!
THIS BLOG POST (AS ARE ALL #HABERPA BLOG POSTS) IS A PUBLIC SERVICE ANNOUNCEMENT WHICH IS PRIMARILY DESIGNED, BY WAY OF REAL WORLD EXAMPLE, TO ASSIST THE GENERAL PUBLIC IN AVOIDING CONDUCT WHICH COULD FORESEEABLY RESULT IN ARREST AND PROSECUTION!
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