Finally a Judge with guts. I had a refusal case where my client rear ended another car and air bags deployed. Cop responds to scene where he said he smelled a strong odor of an alcoholic beverage. Client acknowledges she had a couple of drinks an hour ago and was heading home.
Court found appropriate to request client to submit to FSTs.
The officer testified that the first performed the HGN which client failed. The second was the WAT. Client did not perform stating it was a waste of time. The final was OLS. Cop said client did not lift her right foot.
“The court finds that the field sobriety tests were not administered in accordance with the ‘Concepts and Principles of the Standardized Field Sobriety Tests’ promulgated by the [NHTSA} and could not form the basis of probable cause. The charges are dismissed.”
I love what I do!
Attorney At Law