At our first jury trial since the admissibility of field sobriety tests came into question, the judge ruled the field sobriety tests are not admissible. The defense’s trial attorney, Jessica LaFond (Hills Law Office), went on to win the reduction she was looking for.
Field sobriety tests are the roadside tests used by a police officer to gauge his or her level of intoxication. As was discussed in the previous blog, this is extremely important to a drunk driving defense – removing this evidence from the prosecution’s case further limits them from proving a drunk driver’s level of intoxication.
Again, it is believed this law may be changed. Legislators have stated it was a technical error in drafting. However, at this time, some judges are following the plain language of the law and keeping field sobriety tests out.
If you or someone you know has been convicted of operating while intoxicated in Kalamazoo County, contact our office to find out if this shift in the law can help you.
