FST’s are “field or roadside sobriety tests”. They are a series of abnormal physical tasks which are allegedly designed to test your “normal faculties”.
FST’s are a standard part of any DUI investigation and always precede a request for a breath or urine sample. They get their moniker because they are done on or near the roadside.
The battery of tests usually includes the Horizontal Gaze Nystagmus (or HGN) test - this is the “follow my finger while I distract you with my flashlight exam”...
the One-Legged Stand...
the Finger-To-Nose Test...
and the Balance Test.
YOUR DO NOT HAVE TO TAKE THESE TESTS. Let me repeat that. You do not have to take these tests.
Unlike the breathalyzer (where the cops must inform you of your right to refuse to blow) the cops will never tell you that you do not have to take FST’s, but that you are free to refuse is a fact. Of course you can still be cuffed, taken to the station, arrested and transported to jail whether yo take them or not, but if you politely refuse then the cops will not be permitted to come into court and testify under oath, on a busload of Bishops and a Cardinal to boot, that you were unable to impersonate a Flamingo in a war zone and therefore, scientifically, you were obviously too impaired to operate a motor vehicle.
Remember, the cops won't tell you so but you can refuse to take FST's.
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Michael A. Haber, P.A. has provided personalized and boutique legal services to both individuals and entities, primarily in the South Florida area, since 1991. With no history of professional discipline whatsoever, Michael A. Haber, Esq. zealously advocates his client's interests and custom tailors his services to meet each client's particular situation, needs and desires.
Whether in State or Federal Courts, Michael A. Haber, P.A. strives to ensure that his client's rights are respected and that his clients receive top-tier legal representation and counsel.
Toward that end Michael A. Haber, Esq. makes himself directly available to his clients whether in person, over the phone (305-381-8686 - 305-798-2220), by e-mail (sharky910@aol.com) on Facebook ( http://www.facebook.com/haberpa ) or on AOL/IM (Sharky910).
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THIS BLOG POST (AS ARE ALL OF 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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