Category - Field Sobriety Tests

Are Field Sobriety Tests a Search?

Posted on February 24, 2019 in Field Sobriety Tests

I have an appeal pending that addresses, in part, the State's ability to comment upon the Defendant's right to refuse a warrantless search. Georgia has well-established case law that precludes the State from commenting upon a Defendant's refusal to submit to a warrantless in "traditional" criminal cases, and I thought, perhaps naively that this rule should be extended to DUI suspects who are asked to submit to field sobriety tests. I was rather taken aback that it was suggested that field sobriety tests may not be a search. (The Justices of the Georgia Supreme Court did not appear to be so sure that field sobriety tests are a search.) If you are confronted with this issue, some case law that...

The Aging Process and Field Sobriety Tests

Posted on February 24, 2018 in Field Sobriety Tests Aging Process and Field Sobriety TestsBy: Mimi CoffeyIt is not surprising that every year 1.4 million Americans are diagnosed with cancer1, the second leading cause of death next to heart disease. It should be surprising that there are also approximately 1.4 million DWI/DUI arrests (1 of every 139 license drivers) in the country a year with 16,685 alcohol related fatalities in 2005.2 "Alcohol related" fatalities defined as at least one driver or nonoccupant involved in the crash having a blood alcohol concentration of .01 grams per deciliter or higher. These figures include fatalities that were NOT caused by the presence of alcohol.3 Boiled down, NHTSA has led a colossal campaign against DWI/DUI, arresting a disproportionate amount of people compared...

The Science of Fear and Field Sobriety Testing

Posted on February 16, 2018 in Field Sobriety Tests the Article here!The Science of Fear & field sobriety tests:Fear is not just mental. It is physical. It is involuntary. It causes one to lose normal mental and physical faculties. The field sobriety tests were developed in a vacuum. The greatest travesty NHTSA perpetuates on our citizenry is the application of these nonscientific tests without any proper scientific consideration to fear. Here is the article I wrote, very relevant for anyone arrested for DWI/DUI. (link above, on tcdla's archived website of Voice articles )The definition of intoxication for DWI purposes in most states centers around a theme of "loss of normal use of mental and or physical faculties" due to alcohol and or a drug(s). It is common sense...


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