Can I get my field sobriety test thrown out because of really bad diabetic foot ulcers?

Asked about 1 year ago - Auburn, WA

I was stopped in a parking lot on my motorcycle after falling over (because of my feet). The police showed up and asked me to get off the bike. I have extremely deep foot ulcers on each foot. Part of my foot had to be removed 3 weeks after the arrest. The field sobriety test said I was wobbly and unbalanced. Can i get those test thrown out because of my medical condition. They also said that my eyes were watery and bloodshot, but I had been on my motorcycle for 10 hrs without goggles or eye protection.

Attorney answers (4)

  1. Michael P Brodsky

    Pro

    Contributor Level 12

    6

    Lawyers agree

    Answered . While I don't think the problems with your feet are a sufficient basis to suppress the field sobriety tests (FSTs) , those problems would certainly be powerful impeachment of the arresting officer, his knowledge of correct procedure and protocol and ultimately, the evidence on which probable cause to arrest was based. If he was informed of your foot ulcers and decided to administer the tests anyway, that shows poor judgment on his part and would imp[act the usefulness of those tests as indicators of impairment. You should consult an attorney experienced in DUI defense.

    Please note that this is not legal advice and does not create an attorney-client relationship. This post... more
  2. Mark C Blair

    Pro

    Contributor Level 14

    4

    Lawyers agree

    Answered . I would say the most judge's are unlikely to suppress (throw out) field sobriety test results for the reasons that you give as they go to the weight to be given the evidence, not it's admissibility.

    That being said, such a medical condition as you describe would likely have a profound affect on your ability to perform the Walk-And-turn or the One-Leg-Stand test, so I would imagine that your attorney would have a lot to work with when attacking those results in front of a jury.

    The same could be said of the officer's observation that you watery, bloodshot eyes.

  3. Patrick Owen Earl

    Pro

    Contributor Level 18

    3

    Lawyers agree

    Answered . The argument can be made and the Judge would decide. Usually the Judge would allow the testimoney but the issues and reasons for things would place your field tests in a different category then just completely negative. The Jury would have information that there were other reasons for the results of your test so it would make them less of a factor. Compare that with the rest of the potential testimony from the officer and maybe you have a winner. Get an attorney for sure.

  4. Craig Andrew Cahoon

    Contributor Level 10

    2

    Lawyers agree

    Answered . What you're talking about goes to how much weight that evidence will have rather than whether it will lead to getting the evidence thrown out. I look for a judge to allow a prosecutor to use that evidence but allow you to explain the additional facts you stated above.

    Talk with an experienced DUI attorney about this case. Most DUI attorneys will offer a free initial consultation, so take advantage of it.

    Craig Cahoon
    www.cahoonlawoffice.com
    206-795-1779

    Craig Cahoon The Cahoon Law Office, PLLC 206-795-1779 cahoonlaw@gmail.com

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