Law Office of Shepherd and Osborne - 0 views
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Mark Osborne on 21 Feb 12Should I Take a New Hampshire Field Sobriety Test? New Hampshire Field Sobriety Tests (FST's) Everyone has an opinion about Field Sobriety Tests ("FST's"). Police, prosecutors, and other members of the law enforcement community will likely tell you that FST's are the best way to determine if someone is impaired by drugs or alcohol, short of a breath test. You may be arrested for DUI if the police believe that you did not perform well on the field sobriety tests where you walk the line and touch your nose, then we look to see why. We inspect the surface area where you were told to do the tests. We inquire as to whether the officer properly instructed you on how to take these "tests". We inquire as to whether you have any medical conditions that would have hindered your ability to perform these roadside contortions. Most defense attorneys will tell you FST's are the biggest joke going and that their results are unscientific, unreliable, and mislead judges and juries all over the country. Where do Justin and Mark stand on this issue? Well, their answer is simple - it doesn't really matter what police and lawyers thinks about FST's. What matters is this: Does your JUDGE buy into the FST propaganda. If you are in front of a judge who is skeptical about FST's, then it may not matter how "badly" you did on them. On the other hand, if you have a judge who thinks that FST's are as reliable and precise as the Hubbell telescope, then all the fuss about their unreliability isn't going to matter either. Should I Take The Field Sobriety Test? As a rule, Mark and Justin would recommend that you not take them - period. After all, if you don't take any FST's, then you won't have to worry about what your judge thinks about them. If he doesn't have any FST's to consider during your trial, then they can't be used against you. Exercise Your Rights, You Can Simply Say No! As a rule of thumb, if the police officer stopped you for s
