The answers to this question depends on a lot of different circumstances. I look first for the weakness in the evidence and the weakness of the case against the client.
I will look at and consider where the client was stopped. Was it a single or double lane road or highway? Did their vehicle cross a solid line? Did they have to make an erratic movement to avoid a dangerous object or a collision?
If a client was given an unwarranted feel sobriety test, this may not hold up in court.
Did the arresting officer inform the client about their rights? You do have the right to remain silent and to have a attorney present when you are questioned. If an officer failed to inform you about this during questioning, then the answer to those questions may be inadmissible.
Did the arresting law-enforcement officer perform the sobriety test correctly?
Was the field test administered on a curved surface, or a wet surface, or in low light conditions?
The results of test administered in these conditions may be invalid.
For more information on these topics or any other DUI topic, contact the Alpharetta, Georgia DUI defense specialist, Attorney Scott Miller. 770-408-1001
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