Fort Lauderdale Client Not a Good Candidate for FSEs – No Screening Questions Attorneys
A police officer may ask drivers suspected of DUIs to perform certain field sobriety exercises (FSEs). However, there is more to these tests than simply giving the driver instructions and then observing them as they perform the exercises. There is a procedure police officers must follow and if they do not, the results of the exercises, and perhaps even the arrest, can be considered inadmissible in court. If you were pulled over and submitted to field sobriety tests without answering questions first, our Fort Lauderdale client not a good candidate for FSEs – no screening questions attorney can help with your case.
What Makes a Client Not a Good Candidate for FSEs – No Screening Questions?
It is extremely important for police officers to ask certain screening questions before administering FSEs. These tests are not always accurate, particularly when a specific driver is not a suitable candidate for them.
For example, if a person suffers from diabetes or wears eyeglasses or contacts, they may not be able to properly perform the horizontal nystagmus gaze, which looks for jerky movements in the eye. Also, if someone is injured or of a certain age, they may not be able to properly perform the walk and turn exercise, which tests balance and coordination, even though they are not under the influence.
Police officers must ask questions regarding a driver’s overall health to determine if they are a good candidate for field sobriety tests. When they fail to ask these questions and ensure a driver should be able to perform the tests, the field sobriety tests are compromised and therefore, should not be admissible in court.
Inadmissible Evidence when Client Not a Good Candidate for FSEs – No Screening Questions
Police officers often administer field sobriety exercises in order to obtain probable cause to make an arrest. Law enforcement officers must have this probable cause before arresting someone and if they do not, the case will likely be thrown out of court. However, when the FSEs become compromised, the results are not accurate and so, they can be thrown out of court.
When the results of the FSEs are thrown out of court, it can greatly hurt the prosecution’s case. Without these, the officer may not have had probable cause to arrest the driver, or even to continue detaining them at the side of the road. That can greatly help a case because any evidence obtained as a result of the FSE, or afterwards, is likely considered inadmissible and therefore, cannot be used against the driver.
Call Our Fort Lauderdale Client Not a Good Candidate for FSEs – No Screening Questions Attorney
If you have been arrested for a DUI after performing roadside tests, but you were not properly screened for them, our Fort Lauderdale client not a good candidate for FSEs – no screening questions attorney at Meldon Law will help restore your rights. Call us today at 800-373-8000 or contact us online to schedule a free consultation.
