There are several weather factors that could seriously affect the results of Field Sobriety Tests. Think about attempting to perform balance related Field Sobriety Tests such as the Walk and Turn or One Leg Stand in the rain, or with strong gusts of wind.
Even worse, think about the potential of trying to perform these tests with snow or ice on the ground. Unfortunately, many people every year are requested by police officers to perform these tests under exactly these circumstances.
When these police officers receive their training in Field Sobriety Tests they are in a dry, climate-controlled classroom, but once they get out on the road they attempt to administer these tests under all kinds of detrimental conditions.
Weather factors on the roadway are often complicated even further by the investigation taking place on the side of a dark roadway late at night. All of these factors added together should cause concern for anyone that has had to perform Field Sobriety Tests under these conditions.
It certainly calls into question if the results of the Field Sobriety Tests are compromised or whether the tests should have been administered at all.
Many times weather related factors are never brought into question until a DWI defense lawyer thoroughly investigates the circumstances of the case. Any qualified DWI lawyer should start with a thorough interview with the client to determine what the weather and road conditions were like during Field Sobriety Tests.
Once any weather related issues are identified the DWI lawyer can then investigate them further, and finally bring these issues to the attention of the judge or jury during the case. It can be helpful when using a weather related defense for the lawyer to consult with an expert witness who may be able to testify in court and help enhance the client’s case.
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.