Sounds like you could have quite a few good issues to use in your defense. The issue of field sobriety test instructions isn't likely to help you avoid prosecution in and of itself, but in the hands of the right DUI attorney, such errors can be used to your full advantage in pretrial arguments or at trial.
Hire a qualified DUI attorney in your area - and there are several top-notch DUI attorneys in Atlanta, and get their help in tackling this case.
This is all useful information for negotiating your case or fighting it at trial. It's just a matter of getting the prosecutor to acknowledge the problems with the field sobriety evaluations and/or convincing a jury that the tests are unreliable, if it comes to that. Call around and find a DUI attorney you're comfortable with; our office is very well respected in Atlanta and we are happy to discuss your case at no charge. Call 404-881-8866. Best wishes to you.
The issue of whether or not the officer recorded asking you if you understood the instructions is minor, compared to other issues here. As a defense attorney who handles a lot of DUIs in the Atlanta area, I can tell you that you really need someone working for you to get all the information available and to start putting pressure on the prosecutor to see the weaknesses in their case. Please let me know if I can be of assistance. I would be happy to help.
M. Jason Rhoades
These are great questions to ask your attorney. You need an attorney.
I am an attorney. I am not your attorney unless you have signed a written contract with me and given me money. This is information for educational purposes only, and no attorney-client privilege exists.
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