Field Sobriety Tests
Standardized Testing for DWI Evidence
New Hampshire police officers and state troopers have been trained to conduct
a series of standardized field sobriety tests or FSTs on the roadside.
In turn, our defense attorneys have also been trained on these tests and
rely on that training to highlight the imperfections in such testing and
create reasonable doubt in our cases. To attack many types of testing,
our attorneys from Shaheen & Gordon, P.A. thoroughly confront law
enforcement with the various clues that they are trained to observe, but
that might not be present in any given case.
Contact our firm to begin to defend your DWI case!
The state often seeks to admit evidence derived from a horizontal gaze
nystagmus test ("HGN"), which involves an officer conducting
sweeps with a pen, flashlight or finger back and forth in front of a suspect's
eyes. A series of New Hampshire Supreme Court cases impose specific foundational
requirements before the State may admit such evidence in court, requiring
that the officer establish his / her own training regarding the test and
that he / she conducted the test based on a specific standard in any given
test. Each sweep in this test should be timed and has a specific starting
and stopping point. Our
New Hampshire DWI attorneys understand the nuances of this test and rely on that understanding to
challenge this evidence.
Challenge the Evidence with a NH DWI Lawyer
Law enforcement also relies on a nine-step walk-and-turn test and one-leg
stand test to support DWI cases. Each of these tests identifies a series
of clues that are consistent with impairment. The nine step walk-and-turn
test, includes a flurry of clues. These clues include: starting the test
early, stepping out of the instructional position, stepping off the line,
stopping, counting incorrectly, failing to hit heal to toe, using arms
for balance, and conducting an improper turn. The One Leg Stand test includes
clues for impairment such as touching down before the expiration of 30
seconds, hopping, swaying and using arms for balance. By pointing out
the clues not present, we create questions regarding the strength of the
state's impairment case.