does Chambers v. Mississippi allow a dui defendant to introduce articles at trial at the walk and turn test is unreliable?
The reliability of FSTs is a common topic in DUI trials.
SAN DIEGO CRIMINAL DEFENSE ATTORNEY--20 years experience
Any party can attempt to impeach the credibility of any witness. If there is something about the accuracy of the field sobriety test that you do not like, then you'll get to cross examine the witness testifying about it. That, in a proverbial nutshell, is the effect of Chambers v. Mississippi.
That particular case seems to be a Mississippi state court case at first glance, which is not going to be relevant in a California DUI trial...
Los Angeles Criminal Defense Attorney - 21 Years Experience
You want to show that this SFST not reliable in a trial setting. I hope that you have an attorney to help you. The rules of evidence are complicated and some lawyers even have difficulty. At the end of the day, the issue of whether the test is unreliable will determined by the tried of fact. Good luck.
CRIMINAL DEFENSE ATTORNEY - 20 YEARS EXPERIENCE This response is a general discussion of legal principles by a California lawyer. Additionally, this response does not constitute the creation of an attorney-client relationship, since this message is not a confidential communication because it was posted on a public website, thereby publicly disclosing the information. Finally, the above is not intended as legal advice, since it’s impracticable to provide thorough, accurate advice based upon the query without additional details and facts, as well as a complete and thorough review of the discovery in the case. It is highly recommended that one should seek advice from a criminal defense attorney licensed in your jurisdiction by setting up a confidential meeting.
You are going to want a good local dui defense lawyer to help with this. Sometimes people think that because it isn’t a murder case, a drunk driving case is simple. Nothing could be further from the truth. These cases can be among the most complex a criminal defense lawyer handles. The government is willing to spend an incredible amount of money to convict you though. They will have expert witnesses available for consultation and trial. It is certainly not a do-it-yourself situation, nor a situation where you want someone getting on-the-job training.
That you have been charged or that some gizmo says your alcohol level was at a certain level does not mean that you are guilty. It certainly does not mean that you will be proven guilty using competent, valid evidence.
Field sobriety “tests” are designed to give police a reason to arrest. You cannot “pass” them. The police will admit that almost a third of healthy young adults who take these tests without any alcohol will be judged to be “under the influence” – and that assumes they are properly administered!
Most states, including Wisconsin, take your license from you even if you win your case unless you take certain steps to get a hearing about that before right away, usually before your first court appearance.
After even a first drunk driving conviction, you may face employment discrimination. You will certainly be charged higher for insurance. Having such a conviction will also make you a target for drunk driving arrest in future interactions with police. You will automatically become a suspect.
You will want a lawyer who is familiar with field sobriety “tests,” perhaps one who is certified to administer these tests. You will want a lawyer familiar with the weaknesses of the contraptions that are used to report alcohol or drug levels. You want an experienced trial lawyer, used to cross-examining police officers. Police officers are practiced, experienced witnesses.
That is, you want an experienced drunk driving defense lawyer, whether you call the offense DUI, OWI, DWI, OUI, or drugged driving. I would suggest looking for a member of the National College for DUI Defense or the DUI Defense Lawyers Association. Such a membership indicates that DUI defense is a major part of that lawyer’s practice and that they have made a commitment to keeping up to date on the law and science of DUI defense.
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I am an experienced Wisconsin drunk driving (DUI/OWI/DWI) defense lawyer practicing in Madison (Dane County) Wisconsin. The laws in each jurisdiction can be very different. I cannot give legal advice over the Internet nor can I establish an attorney client relationship with you.
If something I say disagrees with what your own lawyer is telling you, you should rely on your lawyer who is familiar with you, your entire case, the local courts and practices.
To deal with a legal problem, nothing is better than to consult with a lawyer who will give you some time and advice. If you cannot afford an attorney, there should be agencies in your area that can provide discounted, or even free, legal services.
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