Pennsylvania Field Sobriety Testing Attorney

Saturday, 6 July 2024
Serving all of Eastern PA including Allentown, Norristown, Philadelphia, Doylestown, Lancaster, Media, Upper Darby, York, Harrisburg & Chester. Getting pulled over for suspicion of driving under the influence can be a humiliating experience. This means refusing to take a field sobriety test can result in penalties such as license revocation. Contact us today to learn about how we can help you during a free initial consultation. Contact PA DUI Attorney Saadzoi. Because if you don't comply, they may assume you have something to hide and arrest you. Pennsylvania Field Sobriety Testing. They cannot help you, and they should be avoided. In some instances, the evidence gained during field sobriety tests can be suppressed and the DUI case dismissed.

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It is a method law enforcement officers use to determine whether they should charge you with DUI or let you go. Be sure to follow all instructions and DO NOT START UNTIL YOU HAVE BEEN INSTRUCTED TO START. There have been numerous studies that call into question the accuracy of field sobriety testing.

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Find out how we can help you. As such, they may request that the driver exits the vehicle to perform field sobriety tests. Our firm thoroughly understands the county-by-county differences in the enforcement of Pennsylvania's DUI laws, and we apply our extensive knowledge to building the strongest case possible. Understanding the Law: What Is Within Your Rights. Thus, many people who have been tested and did not stumble or raise their arms are failed on the test even though they honestly believe that they passed. The DUI suspect must be wearing comfortable footwear, not heels, loose boots or slippers. Also, if your DUI case goes to trial the FST results become even more important. You are perfectly within your rights to refuse testing, but the consequences will more than likely not be to your benefit. Call our firm at (215) 352-3432 to get started on fighting your charges! If we can prove that the tests were invalid, then the arrest and charges that resulted can be thrown out.

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In scoring the walk-and-turn test, the officer looks for the following eight clues: 1) Cannot balance during instructions; 2) Starts before instructed to start; 3) Stops while walking; 4) Misses heel to toe; 5) Steps off line; 6) Uses arms to balance; 7) Makes an improper turn; and 8) Takes more or less than nine steps. The three field sobriety tests approved by NHTSA are the Horizontal Gaze Nystagmus "HGN" test, the Walk-and-Turn test, and the One-Leg Stand test. Although we take great pride in our excellent case results, our greatest satisfaction comes from the kind words shared by our clients. Attorney Saadzoi has years of experience successfully helping clients fight for their DUI charges reduced, dismissed and resolved. After taking the steps, suspects will be required to turn on one foot and walk in a straight line back to where they started. The investigative reports from the Southern California Research Institute that the NHTSA used to standardize field sobriety tests contain some statistics concerning the accuracy of these tests. A field sobriety test can include different tests such as the "follow my finger" test, the one leg stand test, as well as the "walk and turn" test. I can see why you are so well respected in your field. However, if the stop is for an equipment or licensing violation, with no moving violation, that may lead to evidence against a finding of DUI. It has also been proven that certain medications can mimic the signs of intoxication that show during the HGN testing. Non-Standardized Field Sobriety Tests in PA. Other tests used in Pennsylvania that are not approved by the NHTSA are the finger-to-nose test, ABC test, counting backwards test and the Romberg balance tests.

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Although these testing measures are somewhat accurate, there are many variables that can contribute to an inaccurate reading, so it is important to have an experienced Wilkes-Barre DUI attorney to examine the testing method and the results to find any mistakes that might have been made. Do I have to blow into a preliminary breathalyzer if I am pulled over for DUI? He took the time to explain everything to my family and I. I am very pleased with my outcome. Is an incriminating move, or may result in an immediate penalty under. Please contact us today for a free consultation. Your Pennsylvania DUI attorney will attempt to prove that you "failed" your field sobriety test because of issues unrelated to alcohol use. The field sobriety test is an important mechanism for the police officer to establish probable cause for the DUI arrest. We want to learn more about your case and explain all the legal options available to you. Discuss Your Defense During an immediate Consultation. Secure Proper Legal Protection—Call 888-667-1273. You can click the links above to view them.

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10 percent, no toxicologist can determine that the person's actual blood alcohol concentration was above or below this level. The NHTSA instructions for the walk-and-turn test require the driver to take nine steps in a heel-to-toe fashion along a straight line. The results of field sobriety tests may be deemed inadmissible in court if a police officer in the state of Pennsylvania was not properly trained to perform such tests. There's a per se indication that the person is under the influence of drugs or alcohol at the time of driving, which is a very large hurdle to overcome at a trial. Penalties vary depending on several factors, including your BAC and if you have previous DUI convictions. A DUI Charge is Not a Convictio n. Just because you were charged with DUI does not mean you have been convicted. However, a swerving car or slurred speech isn't always enough to "reasonably" convince an officer that someone is most likely intoxicated. Unfortunately, these sobriety tests are set up for you to fail, having been proven to often be inaccurate. When a person is not impaired, nystagmus takes place when their eyes rotate at high angles. May suffer, if not to have their case dismissed entirely.

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Common mistakes include improper handling of evidence and operator error. Need an attorney for a DUI case in Pennsylvania? Some of these include: - Driving over the posted speed limit. Standardized Field Sobriety Tests were developed by the National Highway Traffic Safety Administration ("NHTSA") in the mid seventies to establish a reliable and consistent methodology for evaluating intoxication.

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Often, the officer will make field notes while tracking your performance on the field sobriety test with a scoring sheet. The police will introduce each test to you and explain in exacting detail how it is to be performed. Fill out the online form to schedule a free consultation about your Pennsylvania DUI case at one of our offices in Erie, Meadville, or North East, PA. ★★★★★. The Reasons Field Sobriety Tests Are Inaccurate. For example, an officer's opinion should be considered suspect if he uses improper scoring criteria, was improperly trained, incorrectly instructed the suspect on how to perform the test or did not use the standardized methodology in performing the tests. If the police officer. Most typically, however, the following three tests are employed. Commonly known as the SFST, the Standardized Field Sobriety Test actually consists of three tests that must be conducted in a standardized manner in order to reveal validated impairment indicators and establish the probable cause needed for an arrest. If you have been arrested for DUI in Pennsylvania and submitted to a chemical breath test, there are many factors you should be aware of that may affect your DUI charge, including breath test problems, permissible refusal of a breath test, and penalties for refusing a breath test. It is always best to fully cooperate with the officer and let them know you understand they are merely doing their job, even if at the time you feel it is unjust and an infringement of your freedom and rights. The HGN test has been found to be 77% accurate if performed by a qualified medical professional. The point of this test is to challenge your mental and physical abilities at the same time. Police frequently test blood-alcohol content by using a "breathalyzer" machine. Discuss your case with Kalinoski Law Offices during a free initial consultation by calling 570-207-4000 or use our contact form to schedule an appointment.

There are many reasons why a person cannot pass the field sobriety tests that have nothing to do with being intoxicated. Most judges accept blood tests as an accurate reading of someone's BAC reading. In Pennsylvania, there have been recent changes to the law, where a tiered approach to DUI enforcement now focuses on treatment for first-time offenders. One of a citizen's most important rights is the right to remain silent, as explained by the American Civil Liberties Union (ACLU). What happens if you fail them? His blog on field sobriety tests highlights some of the cons associated with these tests, including: - Statistically, these tests are not reliable. While not being approved by the NHTSA, these tests can still play a role in the evidence against a driver in a DUI case.

Standardized Field Sobriety Tests. Schedule a Case Evaluation Today. You have the legal right to refuse to blow into a preliminary breathalyzer BEFORE your arrest, during a field sobriety check. "Great company"- Antonio M. Commonwealth v. A. Will I be able to afford auto insurance?

Commonwealth v. R. Not Guilty. Just because you "failed" a drunk driving test does not mean that you are guilty. When law enforcement concludes you performed poorly and have failed any of these tests, and exhibit signs of intoxication, they can then ask you to submit to a portable breath test (PBT). If there is, politely ask the officer to activate it and ensure that you are performing the tests on camera so that an accurate record of your performance will exist. While administering the test, an officer tries to identify if a subject is displaying any of the four following indications of impairment: - Using arms to balance. Combination of Components. First-time DUI in PA. - The ARD Program.

As a result, the only purpose it serves is to give police a reason to arrest you. We have helped clients beat DUI charges in Erie County and Crawford County, Pennsylvania. A law enforcement officer will ask the suspect to count to 30, and will also monitor the time. At the end of the 9th step you are required to turn on one foot and return by taking 9 more heel to toe steps. However, not everyone who is charged with DUI is convicted and oftentimes charges can be dismissed or reduced. Considering the consequences of a failed result, this level of inaccuracy is unacceptable.