Officer never told me to count out loud during walk & turn during field sobriety test enough for invalid fst

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Officer stated in police report during hgn test wasn’t looking at my eyes but said he saw my head moving enough for invalid fst

Attorney Answers

3
David Newton ·
This is a conversation that you should have with your attorney. Deficiencies in the application of administrative the test generally go more toward the weight of the evidence then straight admissibility. As for the HGN test this rarely is admitted into evidence in MA as the officer almost never has the required background to make the test admissible. Contact and hire an experienced DUI attorney.
0 upvotes
James Milligan ·
This fact will not be enough to invalidate the test per the NHTSA standards but may be useful in cross examination of the officer. You should consult an OUI lawyer.
0 upvotes

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