What Evidence is Admissible in Court in DUI Cases

[falseaccusationvictim]

My question involves criminal law for the state of: New Jersey

Are the results of field sobriety tests admissible in court? What about drug recognition expert evaluations? What is the penalty if I refuse to take these tests? I'm innocent, but since I have health problems I don't pass them.

[cdwjava]

My question involves criminal law for the state of: New Jersey

Are the results of field sobriety tests admissible in court?

The officer's observations are admissible as they form the basis for which he established the articulable probable cause to make an arrest for DUI.

What about drug recognition expert evaluations?

Yes. Except that the DRE may be permitted to offer an EXPERT opinion (as opposed to simply reciting his observations) as a result of his added training and experience.

What is the penalty if I refuse to take these tests?

None, really. Except that you leave the contacting officer with only whatever impression/observation he has already had in order to form your opinion.

I'm innocent, but since I have health problems I don't pass them.

What sort of "health problems" caused you not to "pass" the tests? When performed properly your "health problems" - whatever they are - should not be relevant to the overall result of the tests. (As a note I am both a DUI instructor and DRE trained.)

Additionally, did you take and complete a chemical test for breath, blood, and/or urine? If so, what were the results of those tests?

[falseaccusationvictim]

The officer's observations are admissible as they form the basis for which he established the articulable probable cause to make an arrest for DUI.


Yes. Except that the DRE may be permitted to offer an EXPERT opinion (as opposed to simply reciting his observations) as a result of his added training and experience.


None, really. Except that you leave the contacting officer with only whatever impression/observation he has already had in order to form your opinion.


What sort of "health problems" caused you not to "pass" the tests? When performed properly your "health problems" - whatever they are - should not be relevant to the overall result of the tests. (As a note I am both a DUI instructor and DRE trained.)

Additionally, did you take and complete a chemical test for breath, blood, and/or urine? If so, what were the results of those tests?

I must have an ocular condition since my eyes are very sensitive to light, and my pupils are always dilated. I also have nystagmus and eye twitching, but my eye doctor didn't want to give me documentation for that.

[cdwjava]

I must have an ocular condition since my eyes are very sensitive to light, and my pupils are always dilated. I also have nystagmus and eye twitching, but my eye doctor didn't want to give me documentation for that.

Because there might be medical conditions that affect the results, the FSTs are designed to be taken as part of a battery (as we have discussed on a previous thread). If your doctor would not affirm that you have such a medical condition, and even you admit to some uncertainty as you say that yu "must" have an ocular condition (as opposed to, "I DO have ...) then a medical defense becomes all that much more difficult. Your attorney can always try and demonstrate that there are other causes of whatever the officer might have seen as part of his evaluation or observations, but if there are several such observations that give rise to probable cause to believe you were impaired, he will have his work cut out for him.