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Woodstock Traffic Ticket Lawyer: Even people with no alcohol in their system fail the roadside gymnastics also called the Standardized Field Sobriety Tests (SFSTs). In November, 2014, Lambertville, New Jersey Mayor David DelVecchio was stopped and investigated for driving under the influence (DUI). The 58 Year Old Mayor allegedly demonstrated impaired driving and failed the SFSTs. He had to be drunk, right? Actually, no alcohol was found in his system. How could that happen? How could a man “failing” the SFSTs given by an experienced officer fail the SFSTs and be sober, cold sober?
Woodstock Traffic Ticket Lawyer: The answer is the SFSTs are not instructed properly, administered properly or graded properly. The whole focus of the SFSTs is to manufacture a justification for arresting a motorist for DUI. There is no effort put into be fair to the Accused or doing it right.
Woodstock Traffic Ticket Lawyer: Although the SFSTs are voluntary the Officer directs the Mayor to exit his vehicle and prove to the Officer that the Mayor is safe to drive. The Mayor mistakenly believing that the Officer will offer a fair test agrees. The Mayor explains to the Officer that he has a back problem, a cracked vertebra, but the Officer pushes the Mayor to agree that will not affect his balance or ability to walk. The Officer does not describe walking heel to toe or standing on one leg.
Woodstock Traffic Ticket Lawyer: The Officer fails to instruct, administer or grade the HGN test properly. The real HGN Instructions are: 1. Please remove your glasses (if worn); 2. Put your feet together, hands at your side. Keep your head still and look at and follow this stimulus with your eyes only; 3. Keep looking at the stimulus until told the test is over; 4. Do not move your head; 5. Do you understand the directions?
Woodstock Traffic Ticket Lawyer: The crux of the Officer’s instructions to the Mayor were “Track with your eyes only and keep your head straight.” This is a difficult test because people normally move their heads to watch objects. For that reason the standardized instructions tell you to keep your head still (not straight) and follow this stimulus with your eyes only (not Track with your eyes only). The actual instructions advise again “Do not move your head.” The Officer does not give this advisement and what do we see, the Mayor moves his head. The officer through incorrect instruction created HGN in a sober person. The Officer also fails to do the correct number of passes, stop for angle of onset, hold to establish distinct and sustained nystagmus at maximum deviation or do vertical gaze nystagmus.
Woodstock Traffic Ticket Lawyer: In the walk and turn the Mayor starts having back problems. The Officer runs him through the test anyway. The instructions are not as set out in the manual. “Still going to have to do the test as best you can.” despite the reported back dysfunction and pain.
Woodstock Traffic Ticket Lawyer: After the Mayor passes the alphabet test the Officer has him do it again. This video is such a good instruction that you should never talk to the Officer or do the SFSTs. You should download the Keefer App: Apple App & Android App