City of McHenry, IL DUI Field Sobriety Tests

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DUI Sobriety Tests McHenry County, IL
McHenry, IL DUI Field Sobriety Tests

Turns out McHenry, IL Field Sobriety Tests are not what you think they are.  I guess the first clue that gave it away was if you refuse to do the field sobriety tests the police arrest you anyway. Officers are trained to ask you to take them so that they can determine whether you are safe to drive or not.  However, they do that just to get you to take them.  “Why?” you ask.  The answer is that they need something to talk about at trial.  They would probably lose the case if they said that you had red blood shot eyes, slurred speech and seemed confused.  Those observations could lead a jury to believe that you are under the influence, but not beyond a reasonable doubt.  No, what they need is something that is “scientific” sounding, where they can say you “failed”.
 

If they get you to do the field sobriety tests then they are free to tell the jury whatever they want. 

For example:  during the walk and turn test, a driver is instructed to stand with the left foot in front of the right foot, and when they perform the test they should keep their hands at their sides.  The officers are trained to watch for many different “clues” but if you move your feet while listening to instructions AND use your arms for balance they will say that “2 clues” is a FAILURE.  They will say this regardless on how you did on the rest of the test.  And the kicker is that they will say that their training told them that is how you score the “TEST”.   When a defense attorney asks them “Why do those “clues” indicate that a person is unsafe to drive, they will say, “I don’t know, that is how I was trained”.

If you think about it, it is the perfect con.  You failed because someone else who is not here to tell you why, said so.

“DUI, more rigged than you think it is.”

I have been thinking lately of new DUI slogans.  It seems that the Illinois State Police think up slogans all the time (and make television commercials using the slogans).  My new slogan would be “DUI, more rigged than you think it is.”
 

Law Dude, Ray Flavin, Trial Attorney in McHenry County Illinois. His law offices are located across the street from the McHenry County IL Courthouse in Woodstock, IL. Visit Ray’s other website @ www.rayflavin.com.

 

Mobile: 815-334-9004

 
 

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Written by Ray Flavin

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