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DWI/DUI |
| The officer said I
failed the field sobriety tests. Do I have a chance? |
| Yes! Remember, it is the government’s
burden to prove you guilty, not your burden to prove your
innocence. The officer will have to prove to the judge
or jury that he or she performed the field sobriety tests
in accordance with the accepted methodology for administering
the test. One of the tests is the Horizontal Gaze Nystagmus
Test (HGN) commonly known as the “pen test”.
It is required that the officer be certified in administering
this test. If he or she is not, then the test result may
not be admissible. There will be other factors to consider
regarding the tests, such as: (1) were they given on a
flat, level surface; (2) were you wearing shoes with heels;
(3) do you have a medical condition that may affect the
outcome of the test; (4) what was the lighting; and (5)
were they administered on the side of a busy roadway.
These are just a few of the possible factors that may
create reasonable doubt. |
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