How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Loren Your Own Question
Loren
Loren, Lawyer
Category: Criminal Law
Satisfied Customers: 30934
Experience:  Former administrative hearing officer
17897874
Type Your Criminal Law Question Here...
Loren is online now
A new question is answered every 9 seconds

Could unwarranted intimidation at a DUI checkpoint that creates

This answer was rated:

Could unwarranted intimidation at a DUI checkpoint that creates a heightened sense of nervousness when performing Field Sobriety Tests be used as a defense
Thank you for using JustAnswer. I am Loren, a former asst state attorney. and I will do whatever I can to answer your question and provide you excellent service.

I am sorry to hear of your dilemma. I realize how frustrating this is for you, but I believe I have information which you will find helpful.

I am sorry to hear of your dilemma. I realize how frustrating this is for you, but I believe I have information which you will find helpful.

The demeanor and conduct of the officer administering the tests is not really a defense to the charge of DUI. The field sobriety test is merely one element of the evaluation process.

The way to use it is a pretrial motion to quash the arrest based upon improper administration of the field sobriety test, thereby calling into question the probable cause for arrest.

It is my privilege to assist you.  Let me know if you need further information.  I hope I have helped you feel informed and empowered in the service I have provided to you.  I am here for you.

Since this forum is no substitute for your own legal counsel, you may want to verify the information I have provided with a local attorney who is familiar with your local laws and procedures.

I am happy to answer your follow-up questions and assist you until I am able to explain the answer to your satisfaction. 

Thank you.

Loren 
Loren and 6 other Criminal Law Specialists are ready to help you