Marlborough DUI & Sobriety Tests Defense
A lot can be happening during the time a field sobriety test is being administered — rain, uneven surfaces, flashing police lights and cars driving by. It is hardly an environment for passing any kind of test.
The National Highway Traffic Safety Administration (NHTSA) has set forth standards that police officers use, as well as designating the tools to be utilized including breathalyzers and field sobriety tests. Tests such as walk and turns or lifting one leg off the ground sound innocuous. But they must be administered on a clean, flat, dry surface. Otherwise, it is hard to determine whether or not these tests mean anything about operating a vehicle safely.
Was the Test Administered Properly?
In his 25 years as a district attorney and criminal defense lawyer, Francis M Doran, Jr. has found that these tests are almost never given in a way that is consistent with design of the test. He has also found that in many cases, the police officers were not trained properly about how to administer the tests.
Furthermore, a person over the age of 65 is oftentimes an inappropriate candidate for this kind of testing. Can a police officer really determine if blood alcohol levels have anything to do with being able to hold your foot off ground?
Medical evidence has to be secured using proper evidentiary procedures. Building a strong DUI defense starts with determining whether or not you really were under the influence.
Contact Doran & Doran, P.C. Today
In Framingham, Boston and throughout the West Metro in Massachusetts, call criminal defense lawyer Frank Doran at 508-653-1761 or contact Doran & Doran, P.C. online. There is no charge for the first meeting.
