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If you are given a field sobriety test without a breathilizer and are told you passed and then find out cop lied is it admissib
Anonymous4 views4 answers
Was not given a breathilizer and was told you passed the fiekd test and at your first court date saw that the policeman was not telling you the truth. If you refuse to go to police location for additional testing, do you have any recourse?
Yes the results of your field sobriety tests are admissible. Prior to the Breathalyzer and Alcotest Machines being invented field sobriety tests were the way all DWI's were proven. As for the cop saying you passed the tests unfortunately that will not matter unless it is on video and shows you passed, otherwise its your word against his and he has that shiny badge and shoes and wears that beautiful flag on his shoulder and tells the judge he was only doing his job and has no reason to lie. If you want to win a DWI get a good DWI lawyer these are not cases that you can win without experienced counsel. Good Luck
It really doesn't matter what the cop told you. It only matters how you actually did. Cops can lie to you. If this happened on NYC then there should be a video of the sobriety tests showing exactly how you did.
There is no real pass or fail on a field sobriety test (FST). They are merely tools to detect intoxication. In my experience in trying dozens of DWI cases in NYC the police are very biased and they inaccurately rate the motorists performance on the fst's. This only hurts them when the jury views the video and I highlight the bias.
