FST’s are “field or roadside sobriety tests”.
They are a series of abnormal physical tasks which are allegedly designed to test your “normal faculties”.
FST’s are a standard part of any DUI investigation and always precede a request for a breath or urine sample. They get their moniker because they are done on or near the roadside.
The battery of tests usually includes the Horizontal Gaze Nystagmus (or HGN) test – this is the “follow my finger while I distract you with my flashlight exam”, the One-Legged Stand, the Finger-To-Nose Test and the Balance Test.
YOUR DO NOT HAVE TO TAKE THESE TESTS. Let me repeat that. You do not have to take these tests.
Unlike the breathalyzer (where the cops must inform you of your right to refuse to blow) the cops will never tell you that you do not have to take FST’s, but that you are free to refuse is a fact. Of course you can still be cuffed, taken to the station, arrested and transported to jail whether yo take them or not, but if you politely refuse then the cops will not be permitted to come into court and testify under oath, on a busload of Bishops and a Cardinal to boot, that you were unable to impersonate a Flamingo in a war zone and therefore, scientifically, you were obviously too impaired to operate a motor vehicle.
Thank you for your question. Please keep them coming and remember: At Michael A. Haber, PA, it’s all about reasonable doubt!
At Michael A. Haber, PA “it’s all about reasonable doubt”!
Please note that no attorney-client relationship with either Michael A. Haber, PA or Michael A. Haber, Esq. exists as a result of your watching this Webisode series. Further any and all information which is both contained in and may be construed from this Webisode series is generic in nature and should only be considered as informational and not as actual legal advise in any specific case. Should you wish to seek actual legal advise then please feel free to contact Michael A. Haber, Esq. as follows:
Office Phone: 305-381-8686
Toll Free Phone: 1-888-SHARK-8-1
Cellular Phone / Text: 305-798-2220
E-Mail: [email protected] / [email protected]
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