Asked 2 months ago - Buffalo, NY
FlagI have a tremor disorder and an eye condition that does not prevent me from driving but would be a problem I have been cleared by doctors If an officer would give me roadside test for for sobriety what is the proper thing to tell him
Tell him of the condition. An officer will do what he does based upon all his observations, not just an eye test.
Joseph A. Lo Piccolo, Esq.
Immediate Past President, Criminal Courts Bar Association 11'-12'
Hession Bekoff & Lo Piccolo
1103 Stewart Ave, Suite 200
Garden City, NY 11530
516-408-3666 (o) / 516-408-3833 (f)
Jlopiccolo@hbclaw.net
In addition to the answers provided by my colleagues, I would only add that if you are pulled over and have been drinking, refuse to take any and all roadside sobriety tests. The officer will use the tests to establish probable cause to arrest you for dwi. Why give it to him. Respectfully decline ALL tests.
You should have a letter from your doctor and advise the officer of any injuries, medical conditions, and disorders as they will do different tests. If you are highly intoxicated, as in 10-15 drinks you should refuse all tests as you will fail and get a .18 or more BAC, twice the legal limit and fail all the field sobriety tests as well. If you had only two drinks take all the tests and ask him not to do the eye test. Please choose best answer if this helps.
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