GOING TO THE SCENE OF THE DWI ARREST
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| Ithaca College Circle Apartment Complex, Copyright Cyr 2015 |
Because any FIELD SOBRIETY TESTS ("FSTs") done at the scene can be seriously affected by the environment...
1. ITHACA IS CONSTANTLY CHANGING SEASONS. (except in Winter, lol)
What I mean is, you might get arrested in February for DWI, and you may not have a trial or suppression hearing until June or later.... so if you want to show the judge or jury the conditions of where you were arrested, it is important to take pictures very soon after the arrest.
2. THE CONDITION OF THE GROUND CAN SERIOUSLY AFFECT A FIELD SOBRIETY TEST.
Was the ground level? Was there an actual LINE for you to walk on? Was it concrete? Was it gravel? Are there cracks in the pavement? Was it on the side of a hill? Was the area well lit? Was it dark except for the lights of the police car?
All of those above issues can negatively affect the outcome of a FST. With respect to lighting, if there are flashing cruiser lights or it is very dark except for the light of the cruiser, it can skew the results of the Horizontal Gaze Nystagmus Test (the most reliable and "scientific" of the 3 standardized FSTs).
If the ground is uneven or gravel, it can make it much more difficult to complete the Walk and Turn or One-Legged Stand FSTs.
*Other than those 3 tests, no other "so-called FST" has been shown to prove any level of impairment or intoxication by the scientific community (the Romberg Test, the Alphabet Test, Counting test, etc ---are all unproven and not approved by the National Highway Traffic and Safety Administration [NHTSA]).
--SUMMARY THOUGHTS--
It is important for both you and your attorney to go to where you were arrested and check out the scene together. That will give your lawyer a better understanding of what happened and give possible new ammunition to fight the case against you.
BY: Attorney Mike Cyr
P: 607-229-5184
E: mike.ithacadwi@gmail.com
Twitter: @ithacadwi
