One of the main factors that affect your performance on the majority of the field sobriety tests is the shoes that you wearing. Your NJ DUI attorney will look at the facts surrounding your case to determine whether your shoes negatively affected how you performed on the test administered by the police officer.
New Jersey police officers are trained to ask individuals wearing shoes with heels two inches or greater whether they want to remove their shoes prior to undergoing a balance field sobriety test. If the officer in your case failed to ask you this important question, then according to the National Highway Traffic Safety Administration (NHTSA) and the Standardized Field Sobriety Testing (SFST) protocol, the results of your balance test may be comprised and may not be useful in determining whether you were intoxicated.
However, as your NJ DUI attorney will note, even if you removed your shoes, it may still be difficult to “properly” perform these types of field sobriety tests late at night, on a cold or gravel pavement with cars passing by. The uneven and harsh ground can cause even the most sober individual to lose their balance or be unable to walk without stumbling.
Contact Us If You Are Facing DUI Charges
If you or a loved one was arrested for a DUI, you need to immediately call NJ DUI attorney 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 extensive knowledge with Standardized Field Sobriety Testing protocols in New Jersey. He has the necessary experience to determine whether any factors affected the reliability of these tests.
Mr. Matrafajlo has been recognized locally for his legal ability and named a SuperLawyers Rising Star by his peers. Dan has the expertise 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.
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