Attorney John Musca
Attorney Musca’s client had entered a DUI sobriety checkpoint at a Fort Myers location. It had been noted that law enforcement did not notice any traffic infractions nor did law enforcement have reasonable suspicion of any criminal activity by the defendant. However, once in the checkpoint area, the interviewing officer requested that Sobriety Field Tests be conducted to include a breathalyzer in which the client registered at blowing .118 and .117, failing the field sobriety exercises.
Field sobriety testing is a compelling element in the DUI prosecution and defense process. At the outset field sobriety tests are the methods used where an investigating officer establishes whether or not probable cause exists. Furthering that after an alleged establishment of probable cause an arrest is made.
Although important, it is remarkable what little knowledge many police officers have when it comes to accurate field sobriety testing procedures. Officers that conduct sobriety field testing would have those taking the tests believe that SFST’s are accurate when in fact they are not. In a recent study conducted by the National Highway Traffic and Safety Administration the conclusion had been that SFST’s are in fact not accurate. The study showed that three out of four people would fail a BAC at .08 and that approximately 63% of people would fail a BAC at .05 even when not inebriated.
The reality is that sobriety field tests are nothing more than a coordination test. There is not an exact score when it comes to the ability of an individual to walk a straight line, where does the exact measurement come in. Although it may be alcohol related, there could also be underlying medical conditions, from a hearing problem to heart medication. Scientifically speaking the average person is not coordinated in a perfect sense. Dejectedly courts are willing to accept field sobriety tests as reliable, resulting in false DUI convictions.
DUI Attorneys for John Musca fought hard and were victorious once again in defense of the client. Notwithstanding a second DUI charge and after working diligently the attorneys for John Musca filed a Motion to Suppress which resulted in the DUI charge being amended to Reckless Driving with minimal sanctions.
For further information about DUI Attorney John Musca visit www.muscalaw.com, where you can review the firm’s current case list serving clients and successes, and obtain legal information. Musca Law is a full service criminal defense firm serving clients throughout the state of Florida.
Photo:
http://www.prlog.org/
