Prominent Los Angeles DUI Attorney Lawrence Taylor recently discussed how it is possible for a field sobriety test may be entered into a courtroom even though some of the evidence could be "fraudulent."
In any drunk driving arrest, there is an observation period before a breath test can be initiated. This observation period usually consists of a field sobriety test where an officer observes the actions of a driver to determine if there is reasonable suspicion to request a breath or blood test.
The typical field test involves tests of balance, coordination and mental response to a situation. Impaired drivers are thought to have difficulty handling more than one task at a time. Many people, including Taylor, say these tests can be hard for even a sober driver to perform. In an effort to make arrests more procedural, many agencies are adopting a standard battery of tests, according to Taylor.
There are usually signs in the iris's and eye tracking that may lead to drunk driving suspicion as well. Once of the most recognized standard tests is the horizontal gaze nystagmus. Basically, when an officer requests a person to follow a pencil or finger as it tracks back and forth, the eyes of an impaired driver will supposedly shake slightly. Taylor believes this is favored because it appears scientific to jurors in a trial.
Taylor, however, cites a scientific study saying this test is not a valid. The study, published in Science and Justice, says the test is performed incorrectly 95% of the time it is used by an officer. The study points out legal bodies rarely disclose their own reasons for approving these measures with law enforcement agencies. Taylor alleges legal bodies likely know the test is not very accurate. The study agrees, calling the admission of this test as evidence, "deliberate fraud."
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