It happens a lot that, in cases of driving while intoxicated, lawyers recommend their clients to plead guilty. This suggestion is based on police report which clearly states that accused has been under the influence of alcohol, or drugs, while driving. But everything is not black and white; there are a lot of gray areas.
One should not agree with some thesis, at least not until it is confirmed. Despite the fact that some accusations might look irrefutable, one needs to scratch beyond the surface to find whether that is the case. A quest to find out the true is impossible without the help of a lawyer. Attention should be paid to not finding a good lawyer, but to finding a great lawyer, as he will be aware and well informed about the scientific methods and procedures behind standardized tests. Thanks to his expertise and knowledge, he will then know which approach is the best for planning a successful defense of his client. So, it is an imperative to hire a lawyer who has experience in DWI charges, knowledge of this field of law, and communication and other needed skills as well. Good presentation, with pieces of evidence to support it, is vital for securing a favorable outcome of the case.
So, how would police officer determine whether you have been driving while intoxicated or not? Well, there are standardized field sobriety tests, which were developed to help a police officer to figure out if the suspect had been driving under the influence or not. If it turns out that test results are positive, they are used as evidence against drinking and driving suspect. NJ standardized field sobriety test usually consists of three tests based on some physical tasks that should show a probability that the accused driver has high blood alcohol level. To be more precise, these tests are the walk and turn, one-leg stand, and horizontal gaze nystagmus test.
The walk-and-turn test should show whether there has been a loss of balance and inability to follow directions. The driver will be asked to stand with his right toes behind his left heel, take a few heel to toe steps, then turn and return in the same way.
In the one leg stand, a police officer will request that you stand with your feet on the ground next to each other, and your arms down by your side. Then you will be asked to lift one leg in front of you and hold it in that position while counting out loud. The police officer will then pay attention if you are swaying or putting the foot down to balance. This will show if you are in the appropriate condition to drive.
A horizontal gaze nystagmus test or HGN is about searching for signs of intoxication. A law-enforcement officer will take some object such as a coin, and request that you follow it with your eyes, but you shouldn’t move your head while doing it.
Also, machine tests such as breathalyzer are becoming preferable and widely used. But, despite that, it is very likely that you will be asked to do the standardized field sobriety test just to be sure.
If you are facing DWI charges, don’t wait too long as time is essential, call Stephen Lukach today, and rest assured that the best possible outcome will be provided.