San Diego DUI Attorney Attacks on FST’srick
San Diego DUI Attorney FST points cross-contaminate the other San Diego DUI FST tests.
There are 5 cross-contamination dynamics for a San Diego DUI criminal defense lawyer to employ in challenging a San Diego DUI field sobriety test:
1. The San Diego Drunk Driving testing area is not level and perhaps sloped in two different directions.
2. The San Diego DUI officer does not know how the subject would have performed the FST without the consumption of alcohol, so he is precluded from validly claiming poor performance was because of alcohol impairment.
3. The San Diego DUI officer does not know why the (e.g. Romberg) test is administered in a certain manner, despite being touted by the San Diego DUI Prosecuting Attorney as a highly trained officer.
4. The San Diego DUI attorney’s client has innocent reasons for poor performance: fatigue, lack of coordination, stress, and e.g. other nystagmus sources.
5. The San Diego DUI lawyer has the officer admit that despite the complexity of many of the FST instructions, the tests are often explained and demonstrated only once, and in a short period of time – as little as 10 to 15 seconds!
San Diego DUI criminal defense attorneys remind the jury, in closing:
A. How well the San Diego DUI arrestee did on the acrobatics despite the brevity in which the complex San Diego DUI FST instructions were given.
B. If the Jurors themselves can recall the exact FST instructions of all these gymnastics.
C. Any difficulty in remembering the FST instructions is in spite of the fact that the Jurors have had the added advantage of being able to take notes.
D. The Jurors had the benefit of hours, not seconds, of time being spent in court by both the San Diego DUI Prosecuting Attorney and the San Diego Drunk Driving Defense Lawyer discussing the tests.