Legal Attacks on S FST ’s , no front license plate
Apr 30th, 2008 by admin
SanDiegoDUI Made an interesting post today on www.sandiegoduihelp.com
Here’s a snippet:
San Diego DUI criminal defense attorney / San Diego drunk driving criminal defense lawyer legal brief news
One Supreme Court recently articulated the “less stringent” standard for admission of SFST evidence in implied consent hearings as follows:
[I]n the criminal context, a significant number of courts have held that admission of sobriety tests, including the horizontal gaze nystagmus test, is appropriate as long as a proper foundation as to the techniques used and the officer’s training, experience, and ability to administer the test has been laid. [citations omitted]. On this authority, it is reasonable to apply a similar standard in the less stringent evidentiary environment of an administrative hearing. The field sobriety test results are the type of evidence commonly relied upon by reasonably prudent men in the conduct of their serious affairs. Wyoming’s Supreme Court concludes that, if the evidence establishes the tests were properly […]