Fighting Massachusetts Field Sobriety Tests
You've failed a Massachusetts Police sobriety test, how strong is the case against you? Probably not as strong as you think it is.
Police in Boston and throughout Massachusetts administer field sobriety tests after they pull someone over for DUI/DWI to determine if the individual is intoxicated. But what police and prosecutors do not acknowledge is that the tests are littered with weaknesses. At the law office of James P. Geraghty, we know how to use these weaknesses to fight the opposition and pursue the positive results you need.
The Field Sobriety Tests
Three field sobriety tests are approved by the National Highway Traffic Safety Administration (NHTSA). These are:
Horizontal Gaze Nystagmus Test: This is the test that involves the officer asking the driver to follow a light with his or her eyes.
Walk and Turn Test: This is the test that involves the officer asking the driver to walk heel-to-toe along a line for nine steps.
One Leg Stand Test: This is the field sobriety test that involves the officer asking the driver to stand on one leg and count out loud.
The Weaknesses of Field Sobriety Tests
Field sobriety tests are naturally weak because they assume that everyone should be able to pass them at all times, which isn't true.
They don't take into account the fact that a woman wearing high heels may have trouble standing on one leg. They don't take into account the fact that a person with a vision impairment may react differently to the horizontal gaze nystagmus test. They don't take into account the fact that an elderly person may have a condition that makes walking from heel to toe a challenge. In fact, there are many factors the tests don't take into account.
Furthermore, if the tests are administered improperly, it can further distort the results. Standing on one leg is one thing, but standing on one leg on a patch of broken blacktop is something completely different.
Part of the reason that we are so successful in taking on OUI offense cases is that we know how to challenge the results of field sobriety tests.
Furthermore, we know how to take on related matters, such as Breathalyzer results and Breathalyzer refusals. You will have an attorney who knows how to challenge any piece of evidence. We will strive to win your drunk driving case.
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