Wednesday, January 19, 2011

What if the California driver exercise his right not to incriminate himself and refuses to engage in DUI/drunk driving acrobatics designed to not pass

Field Coordination Tests are routinely done by a California DUI cop when he or she suspects you've been drinking, lawyers know.

But what if the California driver exercise his right not to incriminate himself and refuses to engage in drunk driving acrobatics designed to flunk in a questionable if not subjective manner, attorneys are asked.

DUI FST gymnastics include walk-and-turn, one-leg-stand, and horizontal-gaze-nystagmus test (eye test).

Why would a California driver refuse to try something he's never done if he is innocent of DUI?

Don’t only guilty people refuse to do DUI field sobriety tests? Hardly.

Numerous justifiable explanations account for innocent people declining a California DUI officer’s insistence to try doing them under incredibly weird conditions: dark, cold, nervous, cars flying by, incline, uncoordinated, previously injured, sick, tired, right to not incriminate since cop is not scoring your good performance, or you name it!

Last year, the Supreme Court of Virginia added these justifications:

"There are numerous innocent reasons why a person may refuse to engage in tests that are not required by law, including that a person may be tired, may lack physical dexterity, may have a limited ability to speak the English language, or simply may be reluctant to submit to subjective assessments by a police officer."

Jones v. Commonwealth, 279 Va. 52, 58 (2010)