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dui attorney michigan arrest

Field Sobriety Tests in the 52-1 District Court: Understanding Your Case and Building a Defense

11/28/2024

 
Field Sobriety Tests in the 52-1 District Court: Understanding Your Case and Building a Defense

Facing a drunk driving charge in Michigan is a serious matter, and if your case is being handled in the 52-1 District Court, it’s important to understand how Field Sobriety Tests (FSTs) may play a role in your case. Located in Novi, Michigan, this court serves areas such as Commerce Township, Highland Township, Lyon Township, Milford Township, Novi, South Lyon, Walled Lake, Wixom, and Wolverine Lake. The court’s judges, Honorable Robert Bondy, Travis Reeds, and David Law, oversee DUI cases with a strong focus on public safety and the law.

Field sobriety tests, developed by the National Highway Traffic Safety Administration (NHTSA), are used by law enforcement to assess impairment and establish probable cause for an arrest. However, these tests are not foolproof, and their administration in your case could play a critical role in your defense.

What Are Field Sobriety Tests?  Field sobriety tests evaluate physical and cognitive abilities that can be impaired by alcohol or drugs. In Michigan, police officers must follow NHTSA guidelines when administering these tests. Any deviation from these protocols can cast doubt on the validity of the results, which may provide opportunities to challenge your case in court.

The Three Standardized Field Sobriety Tests1. Horizontal Gaze Nystagmus (HGN) Test

Purpose: The HGN test evaluates involuntary eye movement (nystagmus), which becomes more pronounced under the influence of alcohol.

How It’s Administered:
  • The officer holds a small object (such as a pen) approximately 12-15 inches from the driver’s face.
  • The driver is instructed to follow the object with their eyes without moving their head.
  • The officer observes for three key clues in each eye while moving the object side to side:
    1. Lack of smooth pursuit (the eye jerks instead of following smoothly).
    2. Distinct nystagmus at maximum deviation (the eye jerks when looking as far to the side as possible).
    3. Onset of nystagmus before a 45-degree angle.

Scoring: Each eye is evaluated separately, with a total of six clues possible. Four or more clues suggest impairment.

Issues in Administration:
  • The officer must conduct the test in a controlled environment with proper lighting.
  • The driver must be medically evaluated to rule out other causes of nystagmus, such as a neurological condition or medications.

Challenging the HGN Test in Court:
  • An experienced attorney can question whether medical conditions or environmental factors affected the results.
  • If the officer failed to follow NHTSA protocols, the test may be inadmissible.

2. Walk-and-Turn (WAT) Test

Purpose: This test measures balance, coordination, and the ability to follow complex instructions, all of which can be impaired by alcohol.

How It’s Administered:
  • The officer demonstrates the test and instructs the driver to:
    1. Take nine heel-to-toe steps along a straight line.
    2. Turn using a series of small steps as demonstrated.
    3. Return with nine heel-to-toe steps.
  • The driver is told to keep their arms at their sides, count each step out loud, and not stop until the test is complete.

Clues of Impairment:
  • Losing balance during instructions.
  • Beginning the test before instructed.
  • Failing to touch heel to toe.
  • Stepping off the line.
  • Using arms for balance.
  • Taking the wrong number of steps.
  • Turning improperly.

Scoring: Two or more clues indicate impairment.

Issues in Administration:
  • The test must be performed on a flat, well-lit surface.
  • Physical conditions like injuries, age, or obesity may affect performance.
  • Anxiety or nervousness during the test can also lead to errors unrelated to impairment.
Challenging the WAT Test in Court:
  • A defense attorney can question the surface conditions, whether the officer demonstrated the test correctly, or if external factors affected the results.

3. One-Leg Stand (OLS) Test

Purpose: This test evaluates balance and coordination by requiring the driver to stand on one leg while performing a task.

How It’s Administered:
  • The officer demonstrates the test and instructs the driver to:
    1. Stand on one leg, keeping the other approximately six inches off the ground.
    2. Keep arms at their sides and count aloud (e.g., “one thousand one, one thousand two”) until told to stop.
    3. Maintain the position for about 30 seconds.

Clues of Impairment:
  • Swaying while balancing.
  • Using arms for balance.
  • Hopping to maintain balance.
  • Putting the raised foot down.

Scoring: Two or more clues indicate impairment.

Issues in Administration:
  • The test must be performed on a flat, stable surface.
  • Physical limitations or medical conditions, such as back pain or leg injuries, can affect performance.
Challenging the OLS Test in Court:
  • A defense attorney can argue that environmental factors, medical conditions, or improper instructions influenced the results.

How These Tests Apply in the 52-1 District Court

In the 52-1 District Court, judges Robert Bondy, Travis Reeds, and David Law will evaluate the evidence presented, including field sobriety test results, to determine whether they support the charges. The following factors are critical in these cases:
  1. Proper Protocols:
    Law enforcement officers must follow strict NHTSA guidelines when administering FSTs. Any deviation can weaken the evidence.
  2. Documentation:
    Officers are required to meticulously document their observations and the driver’s performance. Missing or vague details can undermine the reliability of the tests.
  3. Environmental and Physical Factors:
    The court will consider whether external factors, such as weather or road conditions, or physical limitations of the driver, may have affected the test results.

How an Attorney Can Help in Your Case

An experienced DUI attorney familiar with the 52-1 District Court can:
  • Review the Test Administration: Examine whether the officer adhered to NHTSA protocols.
  • Challenge the Evidence: Highlight environmental or physical factors that may have influenced the results.
  • Present Expert Testimony: Work with medical or sobriety experts to refute the validity of the tests.
  • Negotiate on Your Behalf: Advocate for reduced charges, alternative sentencing, or dismissal if the evidence is flawed.

Moving Forward After a DUI Charge

If you’ve been charged with a DUI and your case is in the 52-1 District Court, it’s crucial to understand that field sobriety tests are not definitive evidence of impairment. With the right legal representation, you can challenge their validity and work toward a favorable outcome.
​
For more detailed guidance on handling a DUI case and field sobriety tests, visit www.michiganduiplaybook.com. Let’s ensure that this moment doesn’t define you—it propels you toward a stronger, better future.

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