Criminal Defense in Orange County

How Prosecutors Respond to Attacks on Field Sobriety Testing

If a law enforcement officer alleges that you have failed one or more of the field sobriety tests to which you were subjected during your stop, then your Orange County DUI defense lawyer may try to raise a reasonable doubt with respect to the value of the test or the conclusions of the officer. There are several ways in which your attorney can do this, through the use of basic strategies or other various methods of attack.

However, once the prosecutor becomes wise to your attacks, he or she is then likely to react to these attacks in a myriad of ways. For example, he or she could proceed to promote the National Highway Traffic Safety Administration (NHTSA). Additionally, the prosecutor may decide to promote the extensiveness and validity of the law enforcement officer's training and any instructions that the officer gave at the time of the stop. Further, the prosecutor might attempt to correlate the results of the field sobriety tests with the relevant alcohol levels.

Moreover, the prosecutor will undoubtedly attempt to discredit any of the defense's lay witnesses who may testify at trial. Assuming that the field sobriety tests that were given at the time of the stop were given pursuant to the protocols as established by NHTSA, the prosecutor is highly likely to put emphasis on the research that went into the general development of the field sobriety tests. In his or her attempt to do this, the prosecutor will make the tests appear as scientific as possible in an effort to enhance their perceived accuracy.

The prosecutor will also put great emphasis on whatever special training that the law enforcement officer received with regard to field sobriety testing, and he or she will ensure that the jury is aware of the fact that the officer did not merely receive training at the police academy, but also that the officer was trained in the field. The prosecutor may also call attention to the officer's own personal experience throughout the years.

Please feel free to call The Law Office of Barney B. Gibbs for a free consultation.

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