Chicago Criminal Lawyer Blog
In Illinois, DUI defense attorneys frequently encounter field sobriety test (FST) video evidence, which prosecutors often use to strengthen their cases. However, experienced defense attorneys have developed nuanced strategies to challenge the admissibility and accuracy of this evidence, aiming to either discredit or exclude it from trial proceedings.
Technical Quality and Integrity of Video Evidence
A critical starting point for defense attorneys is the technical analysis of the video. This involves a thorough examination of video quality issues that could potentially distort the defendant’s performance on FSTs. Poor lighting, inadequate camera angles, or unstable footage can all mislead viewers and misrepresent the events. Furthermore, defense teams rigorously check for continuity in the footage, searching for any signs of edits or interruptions that could suggest tampering or mishandling.
Procedural Integrity in Test Administration
The administration of field sobriety tests is bound by strict procedural guidelines set by the National Highway Traffic Safety Administration (NHTSA). Defense lawyers meticulously compare the officer’s actions in the video against these protocols. Any deviation, no matter how slight, can undermine the test’s reliability. Additionally, the clarity and accuracy of the officer’s instructions are paramount. Ambiguities or errors in conveying the test procedures can significantly impact the defendant’s performance, providing a strong basis for legal challenges.
External Environmental Factors
Another focal point for defense arguments is the environment in which the FSTs were conducted. Factors such as road conditions, weather, and surrounding distractions can all influence the outcome of the tests. For instance, uneven pavement or poor weather conditions like rain or fog can impair a person’s balance and coordination. Defense attorneys often argue that such conditions could lead to false indications of impairment.
The Role of Physical and Medical Conditions
Many defendants have physical or medical conditions that can affect their ability to perform FSTs accurately. Defense strategies frequently involve presenting medical records or expert testimony to show that conditions such as inner ear disorders, neurological issues, or even temporary physical impairments like injuries could mimic the physical signs of intoxication. This approach challenges the assumption that poor performance on FSTs is indicative of alcohol impairment.
Leveraging Expert Testimony
Expert testimony is pivotal in disputing the reliability of FSTs. Forensic toxicologists might discuss the lack of a direct correlation between physical performance on FSTs and blood alcohol concentration. Psychologists could provide insights into how the stress of a roadside stop could affect performance, and biomechanics specialists might analyze the physical demands of the tests to show that they could be challenging for sober individuals under certain conditions.
Challenging FST video evidence is complex and requires a multifaceted approach. By focusing on technical, procedural, environmental, and medical aspects, defense attorneys can effectively contest the prosecution’s reliance on this type of evidence. The ultimate goal is to ensure a fair trial by questioning the validity of evidence that may not be as definitive as it appears.
Contact The Law Offices of David L. Freidberg 24/7/365 at (312) 560-7100 or toll-free at (800) 803-1442 For Your FREE Consultation
If you are facing criminal charges, don’t face it alone. Contact The Law Offices of David L. Freidberg for skilled legal assistance. With decades of experience and a commitment to protecting your rights, we offer a free consultation 24/7 at (312) 560-7100 or toll-free at (800) 803-1442. We serve clients throughout Chicago, Cook County, DuPage County, Will County, and Lake County in Illinois. Let us help you navigate the legal system and fight for your future.
