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Can't Pass the Field Sobriety Test

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quincy

Senior Member
I have to say that it is a bit unusual for an officer to want to do a sobriety field test when a driver is only pulled over for a broken taillight. :unsure:
 


Zigner

Senior Member, Non-Attorney
I have to say that it is a bit unusual for an officer to want to do a sobriety field test when a driver is only pulled over for a broken taillight. :unsure:
Driver was pulled over for the light. Driver was asked to do a FST due to other indicators that the officer (correctly) perceived. The OP was just barely under the per se limit.
 

quincy

Senior Member
Driver was pulled over for the light. Driver was asked to do a FST due to other indicators that the officer (correctly) perceived. The OP was just barely under the per se limit.
I understand. I was just curious what the “other indicators” were that led to a request for the FST. :)
 

Zigner

Senior Member, Non-Attorney
I understand. I was just curious what the “other indicators” were that led to a request for the FST. :)
I'd guess that odor was a big indicator, coupled with the OP's admission that she had been drinking.
 

GuyInNC

Member
I am an ex-runner who stopped running due to persistent ankle sprains. One thing that I learned from my doctor is that all those ankle sprains over the years had severely degraded my neural based ability to sense when I am 'going over' on an ankle. So not only is the ankle weak it is inherently unstable. And my ability to stand on one leg (sober or not) is pitiful.

So I view my best defense in a field sobriety situation is a breathalyzer reading of 0.0 . Unfortunately it took a DUI in my case to make that stick in my mind, but I certainly have no further concerns with FST's.

BTW, it was those ankle sprains that turned me into a cyclist. Not even on my worst day can I sprain an ankle when I am literally physically attached to solid pedals with clips :)
 

quincy

Senior Member
A breathalyzer of 0.0 is always good.

I bet you are happy to be cycling past gas stations right now. :)
 

LdiJ

Senior Member
I have to say that it is a bit unusual for an officer to want to do a sobriety field test when a driver is only pulled over for a broken taillight. :unsure:
Could have been a slow shift. The officer could have been under quota. The officer could have been in a bad mood. Police officers are human beings too and sometimes do things for the wrong reasons.
 

stealth2

Under the Radar Member
Well done, @GuyInNC ... My oldest started cycling quite a few years back for exercise and hasn't looked back. Now works as a bike mechanic outside of Philly.
 

quincy

Senior Member
Put more annual miles on my bike than my car the past several years :)
I have too long of a commute to make cycling (or walking) a realistic option for me, unfortunately. When I lived in Philadelphia, however, owning a car was more trouble than it was worth (horrific parking) and I was able to walk or take public transportation wherever I needed to go. Although I love to drive, I really miss Philly.
 

HighwayMan

Super Secret Senior Member
Stop being so hung up on the field sobriety tests - they are not necessary to establish probable cause for arrest, although they can help establish probable cause.

I have gotten convictions for DWI in New York of individuals who tested less than a .08 BAC - that is simply a per se limit. You can certainly be considered intoxicated with a .07 BAC or less.

You're lucky you got away with it this time.
 

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