Factors That Can Influence a Field Sobriety Test

How can I challenge a failed field sobriety test?

Field sobriety tests are commonly administered by an arresting officer to determine whether a person has been driving under the influence of alcohol or drugs. There are three typical field sobriety tests, the Horizontal Gaze Nystagmus, Walk and Turn, and One Leg Stand tests. Evidence of your failure to perform these tests to an expected level could serve as grounds for your arrest and may lead to your ultimate conviction for DUI. Field sobriety tests, however, are susceptible to many failings. A wide array of physical and external factors can influence a field sobriety test, leading to inconclusive results. DUI defendants can challenge the results of a flawed field sobriety test to potentially avoid conviction.

Physical Factors

Standards for administration of field sobriety tests can be found in the Standardized Field Sobriety Testing Manual created by the National Highway Traffic Safety Administration. Georgia law requires that field sobriety tests be administered in a consistent and reliable manner, but the results of a field sobriety test cannot be trusted when certain physical or external factors exist. Physical factors that could influence the outcome of a field sobriety test include:

  1. Injuries: Individuals who suffer from back issues, leg pain, mobility problems, and inner ear conditions could all experience difficulty when performing a field sobriety test. The Walk and Turn test and One Leg Stand require accurate balance, which those with certain injuries or conditions will not have. Further, the Horizontal Gaze Nystagmus may not offer accurate results for those with a seizure disorder or certain eye conditions.

  2. Age: Those over the age of 65 may struggle to perform field sobriety tests even when completely sober. The results of the One Leg Stand and Walk and Turn test cannot be considered accurate where the person arrested is physically incapable of completing the test to the desired level.

  3. Weight: Individuals who are more than 50 pounds overweight could struggle with some of the field sobriety tests. Discrepancies that an officer might attempt to attribute to alcohol could, in fact, stem from physical qualities of the defendant.

External Factors

Along with a person’s physical characteristics, there are several external and environmental factors that can influence a field sobriety test. For example, slick or uneven road conditions could render the results of the Walk and Turn or One Leg Stand test inaccurate, as less than ideal road conditions may cause the suspect to slip or falter. Bright sunlight could impact the Horizontal Gaze Nystagmus test. Anyone who is facing DUI charges based on a failed field sobriety test should contact a DUI defense lawyer to start protecting their legal rights today.

To discuss the specifics of your case:

Call us at 678.324-8511;

E-mail us at info@lawrencelegal.law; or 

Click here to schedule a consultation.

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What Does ‘Next Friend’ or ‘a/n/f’ Mean in Legal Documents?

 

What does the “next friend” do, and when is it used?

Next Friend Is Not a Party to the Suit

The next friend’s name appears on a complaint or other legal document — sometimes followed by the designation “a/n/f” or “as next friend” — but the next friend is not a party to the lawsuit. Rather, the next friend merely acts on behalf of another party in bringing a lawsuit or during a legal proceeding.

The next friend may be referred to as the guardian ad litem, but the next friend is not a legal guardian. At the conclusion of the lawsuit in which he or she is appearing as next friend, the next friend’s duty ends. The next friend is not granted any additional rights to custody over the person for whom he is acting as next friend, nor does the role grant any right or control over that person’s property.

When Is the Next Friend Used?

An individual typically acts as next friend for a person who is unable to file or manage his or her own lawsuit. One common instance of the use of a next friend is in cases brought for the benefit of minor children, who generally aren’t permitted to bring lawsuits themselves. In these cases, the next friend is often a parent, although it can also be another person whose interests are not counter to the child’s.

The next friend may also be used for a person who has been declared incompetent or incapacitated. Often, these may be adults who are suffering from age-related dementia or Alzheimer’s disease.  Relatively recently, a potential $50 million class action lawsuit against the NCAA was filed on behalf of the lead plaintiff by his sister as next friend. That plaintiff — former University of Texas football player Julius Whittier — suffers from early-onset Alzheimer’s disease, which the lawsuit alleges was caused by repeated head injuries suffered during his time as a college football player.

If you or a loved one has been injured at the hands of another, please contact us at (678) 324-8511 or click here to schedule a consultation.

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