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Law enforcement officers often give individuals who they suspect of operating a motor vehicle while under the influence of alcohol or drugs what is known as a field sobriety test. The results of these tests or exercises are completely subjective in grading to determine if you are impaired, and by some, considered exercises of an abnormal nature. It is the arresting officers discretion that determines whether or not you have passed or failed the field sobriety exercises. If you have been arrested, the officer has failed you regardless of how well you performed. Be mindful of this before agreeing to perform these tests.
This page is to inform you of the various field sobriety tests, the subjectivity of those tests, and the legal provisions regarding these test, including chemical and physical tests.
The Walk and Turn.
This is the exercise that requires you to stand with one foot directly in front of the other foot while the officer tells you the instructions. If you lose balance and move your feet while listening to the instructions - one point is scored against you. If you do not then perform the exercise flawlessly - it's another point scored against you. Receiving 2 points is all that is needed to fail this test.
In this test, The Officer is looking for the following:
One Leg Stand.
This exercise requires the driver to stand on one leg while for 30 seconds. It is not required that the driver count to 30, only that he hold his foot up for thirty seconds.
In this test, The Officer is looking for the following:
Horizontal Gaze Nystagmus.
Also known as the "follow the pen test." While this test is currently not allowed in evidence except by specially trained law enforcement officers, it is sometimes used to establish probable cause to arrest people for DUI. The officer holds a pen or similar object in front of your face and asks you to follow it with your eyes. The idea behind this test is that it will show the law enforcement officer when your eyes start the uncontrolled shaking call nystagmus.
Chemical or Physical Test Provisions (Implied Consent Law)-s. 316.1932, F.S., s. 316.1933, F.S., s. 316.1934, F.S, s. 316.1939, F.S.
At Cohen Law, P.A., we understand the uncertainty you may experience when charged with a DUI crime, the severity of penalties if convicted, and the impact a conviction may have on your life. We defend those charged with a DUI crime while aggressively protecting your legal rights.
Over the years we have successfully provided professional DUI defense legal services for countless Lakeland, Florida and Polk County area residents. Do not leave your future and reputation to chance. Make sure your legal rights are protected and you voice is heard.
Attorney Lee A. Cohen has been practicing law in the State of Florida since 1996. His law practice focuses on protecting the rights of those accused of committing criminal offences. Over the years, Mr. Cohen has sucessfully represented countless residents of, and visitors to, Polk County and Central Florida regarding criminal matters. Mr. Cohen strongly believes that everyone is presumed innocent, and aggressively utilized every legal resource available unter the law in an effort to always provide the highest standard of legal representation.
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I Lee Cohen, am Board certified in criminal trial law. You’re not going to talk to too many attorneys that are board certified in the area that they practice. Board certification means that I am a specialist in Criminal Trial Law. Which means I have passed a special review by the Florida Bar Association to be recognized as a specialist in practicing criminal trial law.
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Attorney Lee A. Cohen has been practicing law in the State of Florida since 1996. His law practice focuses on protecting the rights of those accused of committing criminal offences. Over the years, Mr. Cohen has sucessfully represented countless residents of, and visitors to, Polk County and Central Florida regarding criminal matters. Mr. Cohen strongly believes that everyone is presumed innocent, and aggressively utilized every legal resource available unter the law in an effort to always provide the highest standard of legal representation.
LEE A. COHEN'S BIOGRAPHY › › ›
I Lee Cohen, am Board certified in criminal trial law. You’re not going to talk to too many attorneys that are board certified in the area that they practice. Board certification means that I am a specialist in Criminal Trial Law. Which means I have passed a special review by the Florida Bar Association to be recognized as a specialist in practicing criminal trial law.
CONTACT COHEN LAW, P.A. › › ›
Home • Attorney, Lee A. Cohen's Biography
Criminal Defense • DUI Defense • Contact Us
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Website Design: Tiger Prey Media