99) How does Law Enforcement give FST’s on a Boat? ~ Michael A Haber Criminal Defense DUI BUI Lawyer

September 6, 2016 / Michael A. Haber /

How does Law Enforcement give FST’s on a Boat?

FST’s, or “field sobriety tests”, are a series of abnormal exercises, the results of which are allegedly able to accurately gauge both your sobriety and the state of your “normal faculties”. But, in reality, FSTs are a voodoo science that was manufactured and manipulated to fit law enforcement’s purposes and which the Courts have rubber stamped.
On land you are supposed to be given FST’s on a flat, smooth, dry and well lit surface, and, by definition, this is all but impossible on a boat. So when you are accused of BUI, if you are given formal FST’s, then it will be after you have been taken ashore. And while many a cop will administer them on shore there is rarely a need for FST’s on the water as the absolute best boating FST is always going to be the officer’s observations during the imminent “boating safety inspection”.
Why? Simple. Because by choosing the order in which equipment is requested the officer can order the vessel’s operator to move all around the boat. An officer can ask for items in the front of the boat and then order the operator to the back of the boat, and the cop can order the operator to secure certain items and even to read expiration dates. In so doing a cop can and will – easily – both observe and note what he considers to be signs of impairment.
Still, if a marine officer gets you ashore and wishes to administer FSTs then, just as is the case on land, and although the cops will never tell you so, you enjoy an absolute right to refuse to take the “tests”.

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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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