Most New Jersey drunk driving arrests are made based on how the suspected motorist performed on a particular field sobriety test administered by the law enforcement officer who pulled them over. The majority of field sobriety tests are inaccurate in their analysis of whether a driver is in fact intoxicated with a controlled substance. As such, there are many methods an experienced DUI attorney can utilize in undermining the results of a field sobriety test and thus dismissing or at least reducing a drunk driving charge.
However, just because your defense attorney may have a strong attack on the validity of your field sobriety test, it does not mean that the prosecutor will not have a response attack. In fact, there are two methods that prosecutors often employ in responding to a New Jersey drunk driving attorney’s attack on the validity of a field sobriety test. They are discussed below.
Promoting the Law Enforcement Officer’s Training & Experience
One way the prosecutor may respond to your DUI attorney’s attack on the validity of the result of the field sobriety test that you were requested to perform when you were pulled over on the suspicion of drunk driving is to focus on the arresting officer’s special training in administering such tests.
The more the prosecution can convince the judge that the officer has the necessary training, knowledge and experience in giving directions and conducting the particular field sobriety test, the more credible the officer’s testimony will be. Additionally, it will make the results of the test more valid and make your New Jersey drunk driving attorney’s case only that much harder to prove.
Promoting the National Highway Traffic Safety Administration Guidelines
Another way prosecutors respond to the defense attorney’s attacks on the validity of field the sobriety test result is to highlight the extensive research backing the creation and design of the test. The prosecutor will emphasize that these tests, particularly the one in question, was administered strictly pursuant to the instructions and protocols established by the National Highway Traffic Safety Administration (NHTSA). As such, the results are valid and indicative of the reported level of intoxication.
Unreliable Results
Regardless of what method the prosecutor utilizes to respond to your New Jersey drunk driving lawyer’s attack on the validity of the field sobriety test administered during your DUI stop, one fact remains clear – these tests are generally an unreliable indicator of the level of intoxication.
In other words, it is nearly impossible for an officer to properly determine whether a driver is intoxicated solely based on how he or she performs on the particular test administered by the officer. Therefore, it is imperative that you hire an experienced lawyer to help you fight the DUI charges against you by undermining the validity of the results of the field sobriety test administered during your DUI stop.
Contact an Experienced New Jersey Drunk Driving Lawyer
If you or a loved one was arrested for a DUI, you need to immediately call New Jersey DWI Lawyer Dan Matrafajlo at 908-248-4404 for a free consultation. We have offices in Elizabeth, North Brunswick and Newark, New Jersey to serve you. Mr. Matrafajlo has the experience in New Jersey municipal courts that you need. He has been recognized locally for his legal ability and named a Super Lawyers Rising Star by his peers. Dan has the knowledge and skill to prepare the best strategy and present the best evidence at your DUI bench trial to increase the likelihood of dismissing the DUI charges against you.
