Grading Performance of the Field Sobriety Tests Is Subjective, Not Objective
The grading methods of the field sobriety tests are very subjective. One officer can grade them one way, another officer can grade them another way. They are not really scientific. They would like to think that they are, but they’re not. They are setup and designed for failure.
Refusing: Individuals on Probation Are Obligated to Perform the Field Sobriety Tests; Other Motorists May Refuse without Consequence
If you do enough field sobriety tests long enough, you’re going to develop clues that the officers are looking for. You’re going to step off a line or you’re not going to touch your nose with the right finger and it’s going to result in a failing grade on the field sobriety test. The best thing is to elect not to do the field sobriety test unless you’re on probation or parole and have to do them as a condition of one’s probation or parole (a chemical test may be necessary as well).
Admitting to the Police That You Ingested One Glass of an Alcoholic Beverage May Result in a DUI Arrest
I have another case where my client was stopped in an alley and the police officers came up from behind and turned on the lights to figure out why she was stopped in an alley with the car running. The police officers said that they noted that she had red watery eyes, slurred speech and the odor of an alcoholic beverage emanating from her breath.
They asked her if she had anything to drink and she had told them she had a large glass of beer. They detained her to do a DUI investigation based on that. They placed handcuffs on her and put her in the car and then went about searching the car she was driving.
Escalating Charges: Driving with a Suspended License Results in Additional Charges to the DUI
They then transported her to the police station to do the DUI investigation which put a significant amount of time between the alleged driving and the time of the test. The field sobriety test came back and the officers claimed that she did not do well on the field sobriety test. They claimed she exhibited a lot of the clues that someone would have if they were impaired.
They also ran her record and found out that she had a suspended license. They did end up charging her not only with the DUI but with a couple of other license charges such us driving on a suspended license. We were able to find out that the chemical test result or the breath test result in this case was actually a very low level: a .08 or a .09.
A Low Chemical Test Result and Issues with the Accuracy of the Breathalyzer Can Positively Impact a DUI Case
That was a very borderline result. We were able to use that in the range of accuracy on the machine as well as some other issues LAPD was having with this machine. We got the DUI charge dismissed. We were able to get the suspended license charged dismissed as well.
In Some DUI Cases, a Favorable Settlement Can Be Negotiated Where the Charge Can Be Reduced to a Non-Alcohol-Related Misdemeanor Charge
We worked out a settlement that was a non-alcohol or drug related plea bargain. Again this is a situation where settlement is in the client’s best interest. With her consent, we were able to have the DUI dismissed; the suspended license actions dismissed and reduce the charge to a non-prior-able offense misdemeanor charge. That charge only entailed paying some fines and staying out of trouble, which she did.
Interviewer: How old is she?
Mark Rosenfeld: She is about 25 years old.
Interviewer: Do you think that was a particularly challenging case?
Favorable Results Usually Take Time to Produce When Defending a DUI Case
Mark Rosenfeld: It’s not that it was challenging, it’s just it does take time to look into all the facts of the case. In order to get that result and in order to show that the breath test machine was not working properly, that the officers were not properly trained on that machine took quite a bit of work. It entailed quite a number of court appearances.
Again, this is another 6 to 8 months of working on a case to get to that result. You don’t just walk in and have the prosecutor say, “Oh, you know, we’re sorry we’re going to dismiss these charges.” We had to go through countless hearings, contested hearings, and subpoenaing witnesses. Once we were able to get the evidence into court or the lack of evidence into court that we needed, we were able to get the prosecutor to agree to dismiss certain changes and substitute in a much better charge for our client.
Over Time, Your Defense Attorney Will Attend Most of the Court Hearings on Your Behalf
Interviewer: How many of these hearings that she have to attend?
Mark Rosenfeld: Most of the hearings the attorney does for the client. I handled over 6 to 8 month period of time, probably 10 or 12 hearings and out of that I probably only had her at two or three hearings.
Interviewer: What was her state of mind at the time?
Mark Rosenfeld: It’s actually interesting she knew that she had something to drink and that she probably should not have been driving but she did not want to be convicted of a DUI. She knew that her license was suspended and we needed to work on getting that cleared up. We used this as an opportunity to clear up some other issues that she had that were holding up her license and to get the DUI charge dismissed and get everything back on the straight and narrow. Since that case since she has stayed out of trouble and has a valid license.
Personal Attention
