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Home > Fort Lauderdale Refusal to Perform FSEs Is Inadmissible As “Safe Harbor”

Fort Lauderdale Refusal to Perform FSEs Is Inadmissible As “Safe Harbor” Attorney

Field sobriety exercises (FSEs) are administered frequently during traffic stops involving suspected drunk drivers. These exercises include the horizontal gaze nystagmus (HGN), the one-leg stand test, and the walk-and-turn test. Unlike chemical tests, drivers are not legally required to perform these tests, and you will not face automatic consequences, such as having your driver’s license revoked. However, there are times when refusal to submit to these tests can be used against you in court. A Fort Lauderdale refusal to perform FSEs is inadmissible as “safe harbor” attorney can help prevent this from happening.

Refusal to Perform FSEs Is Inadmissible As “Safe Harbor,” but You Can Still Be Arrested

Even though under certain circumstances, you can refuse to submit to field sobriety exercises, you may still face consequences for the refusal. The officer may use it to provide them with probable cause to arrest you. Police must have probable cause a person has committed a crime before they can make an arrest. They may assume that you do not want to perform the exercise because you will show signs of impairment. As a result, they can point to this as probable cause they had to make the arrest.

It is also important to note that your refusal can also be used against you in court. The arresting police officer is often present at the trial and they will likely testify about what they observed when they pulled you over, and what gave them probable cause to arrest you. The officer can bring up the fact that you refused to perform the field sobriety exercises and use it against you, claiming that refusal gave them probable cause.

When Refusal to Perform FSEs Is Inadmissible As “Safe Harbor”

While police officers can testify about many things when they appear at your trial, there are times when they cannot mention your refusal to perform a field sobriety exercise. Many civilians in Florida understand that they are not required to submit to field sobriety exercises and so, they simply refuse.

In these cases, police officers must inform suspected drunk drivers that their refusal can be used against them in court. If the officer does not tell the driver this, the refusal may be considered inadmissible in court. This is because drivers in this situation may believe refusing these tests is a “safe harbor” unless an officer tells them otherwise.

Our Refusal to Perform FSEs Is Inadmissible As “Safe Harbor” Attorney in Fort Lauderdale Can Provide Your Defense

You are not legally required to submit to field sobriety exercises, but police officers are also required to notify you of the consequences a refusal holds. If you have been arrested after refusing to submit to these tests, our Fort Lauderdale refusal to perform FSEs is inadmissible as “safe harbor” attorney at Meldon Law can provide the defense you need and get your refusal thrown out of court. Call us today at 800-373-8000 or contact us online to schedule a free consultation.

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