Challenging Field Sobriety Test Evidence in New Jersey DWI Cases

Driving while intoxicated (DWI) cases in New Jersey often hinge on evidence obtained through field sobriety tests (FSTs). Law enforcement uses these tests to establish probable cause for a DWI arrest. However, the accuracy and fairness of FSTs can be questioned, and challenging this evidence is a critical aspect of the defense strategy.

At the Law Office of Bartholomew Baffuto, Esquire, practicing in Defense of New Jersey DWI and Criminal Cases, understanding the nuances of FSTs and how to contest them can often make a significant difference in the outcome of a case.

What Field Sobriety Tests Might New Jersey Police Use?

Field sobriety tests are purportedly designed to assess a driver’s physical and cognitive abilities, potentially impaired by alcohol or drugs. In New Jersey, the police may sometimes employ officially approved or non-standard tests.

Officially Approved Tests

The National Highway Traffic Safety Administration (NHTSA) has endorsed three so-called standardized field sobriety tests: 

• Horizontal Gaze Nystagmus (HGN) Test: This test checks for involuntary eye muscle jerking as theeyes follow a moving object.
• Walk-and-Turn Test: The suspect must walk heel-to-toe along a straight line, turn, and return similarly.
• One-Leg Stand Test: The individual is asked to stand on one leg and count aloud for a specific period.

Other Tests

In addition to the standardized tests, New Jersey police have been known to use other non-approved tests such as: 

• Finger-to-Nose Test: Touching the tip of the nose with one’s finger while eyes are closed.
• Counting Backwards Test: Reciting numbers in reverse order.
• Alphabet Test: Reciting the alphabet, either forwards or backwards.

These non-standard tests lack even the veneer of scientific validation and can be more easily challenged in court.

How Can Field Sobriety Test Evidence Be Challenged?

Challenging field sobriety test evidence requires a thorough understanding of the factors that can influence test performance. A skilled driving while intoxicated lawyer can examine various elements to build a robust defense.

Instructions from the Officer

The clarity and correctness of the instructions given by the officer can significantly affect the test results. Confusing or incomplete instructions may lead to poor performance, which does not necessarily indicate impairment.

Injuries

Pre-existing injuries or physical conditions can impede a person’s ability to perform the tests accurately. This includes conditions affecting balance, coordination, or movement.

Weather Conditions

Adverse weather conditions, such as rain, snow, or extreme temperatures, can influence test performance. Slippery or uneven surfaces can make walking in a straight line or standing on one leg difficult.

Ground Conditions

The surface on which the tests are conducted is crucial. Uneven, gravelly, or sloped surfaces can hinder an individual’s ability to perform the tests correctly, irrespective of sobriety.

Lighting

Poor lighting conditions can affect the suspect’s ability to follow visual cues during the HGN test or see the line clearly during the walk-and-turn test.

Clothing and Shoes

The type of clothing and shoes worn can also play a role. High heels, sandals, or tight clothing can restrict movement and balance, leading to poor test performance.

Age and Weight

Age and weight are important factors. Older individuals or those with a higher body weight may find it challenging to perform the physical tests, regardless of alcohol consumption.

Challenging field sobriety test evidence requires a keen eye for detail and a deep understanding of the law. At the Law Offices of Bartholomew Baffuto, our expertise in DWI defense ensures that every possible angle is examined to contest FST evidence. If you or someone you know is facing DWI charges, contact our office to retain an aggressive defense.

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