Not Following Instructions During DWI Stops
– BT, Texas
Most people don’t understand until too late that following instructions is a big part of field sobriety tests. You get told to stand a certain way before staring the walk and turn.
Instead of standing there one foot in front of the other, you move your feet apart because it’s uncomfortable. You think it’s no big deal because the test is to count and walk heal to toe. Wrong. You’ve already failed part of the test.
The cop will testify that you couldn’t stand there properly. So, what do you?
Well, if you get to trial, tell the jury that you didn’t understand the importance of standing there while waiting to start the test. Stick to your guns when cross examined. Unless you’re a professional like a cop or a lawyer, you probably haven’t seen many field sobriety tests. Not understanding the instructions is a legitimate defense.
This answer does not constitute legal advice, which can only be rendered after a full consideration of the facts of your case which is not possible in this format; nor establish an attorney-client relationship, which can only be done after you and an attorney meet and agree on the terms of that relationship. This answer is intended solely to provide general information about the justice system. Further, it does not provide the basis for making decisions about a course of action. Before making any decisions about a course of action readers are strongly encouraged to contact a lawyer and secure an attorney-client relationship. Readers must also understand that this format does not provide for confidential communication. Moreover, links to information on this site are for your convenience only and are not an endorsement or recommendation of those sites, and no responsibility is taken for any information at these linked sites, nor makes any representation or warranty with respect to these sites or the information contained therein.