St. Louis DWI Lawyer – Injury Related Defenses to Field Sobriety Tests
There are many injuries that can affect the outcome of Field Sobriety Tests. An eye injury would affect the Horizontal Gaze Nystagmus test, but so do many head injuries as well. This is particularly important in a situation where there has been a car accident prior to the DWI investigation where the person may have stuck his head. The pretest for the Horizontal Gaze Nystagmus test should identify these issues if administered properly, but unfortunately there are many times when it is not administered properly and also there are times when the investigating police officer does not administer any pretest at all.
Both the Walk and Turn and One Leg Stand tests will be affected by many different balance related injuries. These injuries can even be as common as a sprained ankle, but also injuries to the legs or back and issues with the ears could also have a serious impact on balance. No two people are exactly alike, but many times a police officer conducting a DWI investigation speeds along like each and every person is cut from the same mold.
Many police officers will ask if there is any reason a person thinks they could not perform the tests, but most people do not tell the officer about any injuries at that point because they are trying to be cooperative with the officer. Those injured people should not be held to the same standard during the Field Sobriety Tests as a perfectly healthy person. It is important to have a lawyer qualified in DWI defense to inform the court about any injuries and to advocate how those injuries would have affected the results of the FieldSobriety Tests. This is the only way the court will have a full understanding and recognition of what was really happening with the Field Sobriety Tests
during the DWI investigation.
If you or a loved one has been charged with DWI please call The Law Office of Jason A. Korner at (314) 409-2659 today. It is important to have your case reviewed by a knowledgeable lawyer who focuses on aggressive DWI defense. Jason Korner has been certified in the Administration of Field Sobriety Tests which allows him effectively challenge a police officer’s knowledge and administration of these tests.