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Q:     The use of standardized and non-standardized FST on a dui stop.  A cop with no evidence other than his own testimony detailed a report of 5 failed FSTs during a dui stop. of which… Scroll down to read more!

Q:     The use of standardized and non-standardized FST on a dui stop.  A cop with no evidence other than his own testimony detailed a report of 5 failed FSTs during a dui stop. of which 3 were standard (Walk and turn, Horizontal Gaze Nystagmus, and Walk an turn) and the use of the extra 2 Romberg tilt test, and the finger to nose. The report states that all 5 of the tests were failed based on a number of varying queues. Does the use of the additional 2 tests aid in any kind of defense that could be attacked or challenged? Does each county have its own admissible acceptable uses for non-standard FSTs per NHTSA?  There are no breath tests results or BAC done–They were refused, And i miswrote- Walk and Turn, HGN, One Leg Stand, as well as the Romberg tilt and finger to nose were used.



A:  

Michael Adam Haber

Michael HaberLearn more. ” href=”http://www.avvo.com/legal-answers/the-use-of-standardized-and-nonstandardized-fst-on-1513892.html#!” rel=”nofollow” style=”-webkit-transition: all 0.3s ease; color: #006699; text-decoration: none; transition: all 0.3s ease;”>PRO

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10 lawyers agreed with this answer

Robert Jason De Groot
Robert Jason De Groot
Criminal Defense Attorney – Deltona, FL
Nick Jay Dorsten
Nick Jay Dorsten
DUI / DWI Attorney – Clearwater, FL
Alberto Marino Quirantes Jr.
Alberto Marino Quirantes Jr.
DUI / DWI Attorney – Miami, FL
Christopher Robert Dillingham II
Christopher Robert Dillingham II
Criminal Defense Attorney – Winter Park, FL
Amir A. Ladan
Amir A. Ladan
DUI / DWI Attorney – Orlando, FL
Gerald R Stahl
Gerald R Stahl
DUI / DWI Attorney – Grand Rapids, MI
Robert J Adams Jr.
Robert J Adams Jr.
Chapter 7 Bankruptcy Attorney – Chicago, IL
Ethan Patrick Meaney
Ethan Patrick Meaney
DUI / DWI Attorney – Minneapolis, MN
Lucas Style Lanasa
Lucas Style Lanasa
DUI / DWI Attorney – Tallahassee, FL
Shon Joseph Douctre
Shon Joseph Douctre
DUI / DWI Attorney – Orlando, FL

” href=”http://www.avvo.com/legal-answers/the-use-of-standardized-and-nonstandardized-fst-on-1513892.html#!” rel=”nofollow” style=”-webkit-transition: all 0.3s ease; color: #006699; text-decoration: none; transition: all 0.3s ease;”>10

Lawyers agree
Answered Yes and yes. Yes, each court has its own methods and rules on admissibility. What one court accepts another may reject. And, yes you can challenge the additional tests – in precisely the same manner as the “standards”, that is to say exposing them for the “voodoo ‘science'” that they are.  These are “abnormal tests for normal faculties”.

Find yourself an experienced Palm City area criminal defense lawyer who’s practice revolves around DUI defense litigation. These are the toughest cases – the “he said / she said” variety – and they require a great deal of knowledge, skill, persuasiveness and jury appeal.

Although I practice primarily in Miami-Dade County you are welcome to contact my office for a referral or two, or you can search either Avvo or the Florida Association of Criminal Defense Lawyers website by locality (please seehttp://www.facdl.org/ – and click on the “Find A Lawyer” tab).

I hope that this has been helpful and wish you the best of luck!

First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq. on Avvo. Fourth: Anything that you post on Avvo (or on similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, so, as this is an open forum (with no privilege attached), please be extra careful when considering what to post online (forewarned is forearmed.)

When it comes to the subject of drinking and driving, the best advice that you are ever going to hear is:  “Don’t do it!  Get a DD (Designated Driver), not a DUI”.

Be smart: Don’t drink and drive, but, if you do, just say “NO{thing}”, don’t blow (in FL your 2nd subsequent refusal is a crime) and call me stat at 305-381-8686, 305-798-2220, **ARRESTED, **305DUI, **MIAMIDUI, **MIAMILAW or **HABERLAW.

Michael A. Haber, P.A.: Providing creative, effective and zealous criminal defense litigation services primarily in SoFlo since 1991.

At Michael A. Haber, P.A. “Its all about reasonable doubt”! 

Michael A. Haber, Esq. is prepared to speak with you about your case!

1-888-SHARK-8-1, 305-381-8686, 305-798-2220, **ARRESTED, **305DUI, **MIAMIDUI, **MIAMILAW or **HABERLAW.

“Like” Michael A. Haber, Esq. @ www.facebook.com/haberpa / follow Michael A. Haber, Esq. @ http://habercriminallaw.blogspot.com


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Michael A. Haber

At Michael A. Haber, P.A. "it's all about reasonable doubt"! Whether in State or Federal Courts, Michael A. Haber, P.A. strives to ensure that his client's rights are respected and that his clients receive top-tier legal representation and counsel. For more than a quarter of a century I have striven to make Michael A. Haber, P.A. a business that custom tailors its services to meet the needs of the client. This incorporates such things as (but is not limited to) doing my best to meet clients at their convenience (as opposed to mine), in locations and at times which are mutually convenient (sometimes at their homes, places of business, independent ground - having free wifi and excellent coffee any Dunkin Donuts always works for me - and occasionally even at odd hours), structuring fees to reasonably accommodate the parties, making myself personally available to the client as close to 24/7 as is possible and, perhaps most importantly, giving careful and comprehensive consideration to both micro and macro issues in a given case so as to be able to agree upon and effort toward a viable litigation objective. This is why I refer to Michael A. Haber, P.A. proudly providing "boutique criminal defense litigation" (being "a small company that offers highly specialized services"), and this is a large part of Michael A. Haber, P.A.'s mission statement Accordingly, Michael A. Haber, P.A. has provided personalized and boutique legal services to both individuals and entities, primarily in the South Florida area, since 1991. With no history of professional discipline whatsoever, Michael A. Haber, Esq. zealously advocates his client's interests and custom tailors his services to meet each client's particular situation, needs and desires. Toward that end Michael A. Haber, Esq. makes himself directly available to his clients whether in person, over the phone (305-381-8686 or Toll Free 1-888-SHARK-8-1), by cell, verbally or text (305-798-2220), by e-mail ([email protected]) on Facebook ( http://www.facebook.com/haberpa ), on Twittter, (@Sharkjy910) on AOL/IM (Sharky910), and also why I consistently add information to the public on both the Michael A. Haber, P.A. Criminal Michael A Haber PA Criminal DUI Defense Litigation Miami Blog (http://www.habercriminallaw.blogspot.com/) and with my "Webisode" series on YouTube (http://www.youtube.com/c/MichaelHaberLaw), whcih currently features 222 briegf VideoFAQ's on a variety of Criminal Defense, DUI and BUI related topics. When you hire Michael A. Haber, P.A. you get Michael A. Haber, Esq.! And remember, at HaberPA, it's all about reasonable doubt!

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  • positive review  Top notch, very skilled, and highly attentive. Mr. Haber is a fantastic criminal defense attorney.

    DrNetta Shaked Avatar DrNetta Shaked
    July 26, 2017
  • positive review  Thanks again. You are second to none when it comes to defending your clients. For that, I thank you

    Leo Gonzalez Avatar Leo Gonzalez
    April 10, 2017
  • Excellence in criminal defense. Very informative And upfront of wiyh your crimanal defense

    Chiko Sarri Avatar Chiko Sarri
    April 11, 2016

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