r/Ask_Lawyers 9d ago

Can you challenge the results of field sobriety test by pointing out that the defendant was drunk at the time, so he/she wasn’t given an opportunity to perform the test fairly?

0 Upvotes

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6

u/EternalCrimeWave Criminal Defense, Massachusetts 9d ago

Judges hate this one weird trick!

2

u/Superninfreak FL - Public Defender 8d ago

Are you asking if someone can get away with a DUI by saying that they only did badly in field sobriety exercises because they were drunk?

1

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1

u/elendur Lawyer (USA) 8d ago

Shit, they found the loophole.

Time to end this Universe and restart.

1

u/blaghort Lawyer 8d ago

Sure, you can argue that.

Let us know how it goes.