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Back Investigation of DUI Cases: Give Examples of Non-Standardized FST¡¦s by Darren Kavinoky Investigation of DUI Cases: Give Examples of Non-Standardized FST¡¦s: How to be given, what clues, what they mean. Law enforcement agencies employ a number of different field sobriety tests to determine enough probable cause to make an arrest for drunk driving. The National Highway Traffic and Safety Administration (NHTSA) has conducted studies which have determined that some tests are accurate indicators, to a degree, of a blood alcohol content (BAC) above .10%. However, law enforcement agencies often use non-scientific tests, or non-standardized field sobriety tests, to determine intoxication. These tests include: „X Alphabet „X Coin Test „X Hand Clap „X Finger to Nose „X Finger Count „X Rhomberg Balance Because these tests lack standardization, they are designed for failure, not fairness. It is the officer¡¦s own interpretation of the subject¡¦s performance which determines failure. When police officers are questioned during cross-examination, they cannot cite any studies or scientific research which validates these testing methods or their scoring systems. Some states do not allow non-NHTSA certified FST¡¦s to be used as evidence of intoxication. However, California does allow these tests into evidence. A trained, experienced criminal defense attorney may attack the weight given the evidence, in light of the lack of scientific backing and reliability. Author's Biography: If you stand accused of a crime in or around Los Angeles, Ventura, Orange, Riverside, San Bernardino, San Diego, or San Francisco Counties in California, you can entrust criminal defense attorney Darren Kavinoky to provide the expert legal advice needed to solve your problem.
The Kavinoky Law Firm is delighted to announce that criminal defense lawyer Darren T. Kavinoky has been named a Super Lawyer Rising Star in the September, 2005 issue of Los Angeles Magazine. Additionally, Darren was featured in NEWSWEEK.
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