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After a DUI arrest, turn to Bentley, Kopecki, Smith, P. C., for experienced legal representation. DUI Drugs / Controlled Substance. In Philadelphia, also known as the city of brotherly love, a person can certainly refuse to perform field sobriety tests.

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Contact us today to learn about how we can help you during a free initial consultation. The NHTSA recognizes the three above field sobriety tests for their ability to accurately discern the suspected driver's current intoxication levels. If you have been arrested in Scranton, Wilkes-Barre, or the surrounding region, don't wait for a court date. What were the conditions under which you were tested? Pennsylvania field sobriety testing attorney certification. If you or someone you know was arrested, contact an experienced Scranton criminal defense attorney who understands the laws concerning drunk driving tests in Pennsylvania. Your results can be used against you at trial, under certain circumstances.

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Speak With a Knowledgeable Wilkes-Barre DUI Defense Lawyer Today. There are only three field sobriety tests that are recognized by NHTSA as possibly showing that a motorist is impaired: - The One Leg Stand. Failed Field Sobriety Tests | Does Failing A FST Mean You're Guilty Of DUI. Since these tests are not mandatory—some being inadmissible in court—you may wonder why officers use them at DUI test points. If the jerking (Nystagmus) is irregular, it supposedly indicates intoxication but this is not highly reliable and generally not used as evidence for DUI in Pennsylvania. Drivers are instructed to hold one foot six inches off the ground for a minimum of 30 seconds. Have the right to refuse to submit to a field sobriety test if asked to.

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However, refusing to submit to a field sobriety test does not automatically incriminate you, nor does it violate the law of implied consent (Florida Statutes 316. While a person is within their rights to refuse these tests there are dire consequences for doing so. This is another famous test where a person is asked to stand on one leg and touch their nose with their finger. DUI while on Probation. I can see why you are so well respected in your field. Pennsylvania police officers must undergo specialized training in order to safely and accurately perform a variety of roadside sobriety tests established by the NHTSA. At Saadzoi Law, we can help you: - Understand your charges; - Become aware of your rights under the law; - Identify what legal strategies will best help in your case, and; - Determine which defenses apply to your case. Pennsylvania field sobriety testing attorney requirements. There are three field sobriety tests standardized by the National Highway Traffic Safety Administration (NHTSA). Regardless of what a police officer says, refusal is not in itself illegal. The Skinner Law Firm represents individuals charged with DUI and breath test refusals in West Chester, Phoenixville, Kennett Square, Oxford, Coatesville, or anywhere in Chester County.

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Unless the officer has a medical degree, the officer is not qualified to give the HGN test. When I tell you to, make nine heel-to-toe steps on the line in front of you, turn around and return in nine heel-to-toe steps. Philadelphia Field Sobriety Test Lawyer. The one leg stand test requires you to stand with one foot at least 6 inches off the ground and count by thousands i. e. one one thousand, two one thousand, etc. 50+ years of collective experience handling thousands of DUI cases.

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If the police officer did not have probable cause to arrest you on suspicion of DUI based on his or her observations and your performance on the PBT and FSTs, that alone can be the basis for dismissal of your case. Remember, there is no universal sign of intoxication, which is why officers will utilize the tests to determine probable cause. Again, all you are doing is giving the officer evidence that can be used against you. Watch your feet at all times, making sure that you walk in a straight line and that every step is heel-to-toe (officer should demonstrate). The Walk and Turn Test (WAT)- This test requires that the driver walk nine steps (heel-to-toe) on a straight line and then make a turn on one foot and take nine more steps back to the start. Some police officers in Pennsylvania ask drivers to perform a field sobriety test to determine if the driver is intoxicated. As such, they may request that the driver exits the vehicle to perform field sobriety tests. Field Sobriety Tests Are Not Mandatory in Pennsylvania. Horizontal Gaze Nystagmus Test (HGN).

We will be unyielding in our pursuit of the most favorable outcome to your case. As the vast majority of police are not qualified to give the test, they are unqualified to qualify the test subject. The police officer will approach the vehicle and ask the driver if he or she knows why they were pulled over, this allows the officer to check for speech patterns and cognitive ability. At Kalinoski Law Offices P. C., criminal defense attorney Craig P. Kalinoski represents people facing impaired driving charges. If you are charged with a DUI/DWI in Scranton or the surrounding areas of Northeast Pennsylvania, you need an experienced criminal defense lawyer who can provide solid field sobriety test defense by effectively challenging the examination results. Pennsylvania field sobriety testing attorney's office. Nystagmus is an involuntary "jerking" or darting of the eyes. We will focus our efforts on building a strong case strategy: reviewing the police report, video footage and other evidence with painstaking detail to look for possible mistakes or evidence of misconduct during the arrest and administration of field sobriety tests. They are attempting to gather evidence to show that they were not wrong in their initial suspicion of DUI. Many variables separate from intoxication may result in an inability to complete these tests without difficulty. The field sobriety test may play. The Horizontal gaze nystagmus is a test designed to measure whether the eyes follow a moving object in a smooth steady fashion (indicative of sobriety) or in a jerking, irregular fashion (indicating intoxication). Considering the consequences of a failed result, this level of inaccuracy is unacceptable. Standardized Field Sobriety Tests were developed by the National Highway Traffic Safety Administration ("NHTSA") in the mid seventies to establish a reliable and consistent methodology for evaluating intoxication. If you perform inadequately, this could serve as probable cause for an arrest.

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