*IMPORTANT COVID-19 NOTICE*

Our team at The Cherry Firm, Attorneys at Law LLP is still here and working at full capacity. While we work from home, we will continue to offer our full services to all existing and new clients. Read More ...

Driver Hits Tree In A Lawn Near Philadelphia Charged With Dui

Some of our readers may have heard by now that after an accident in nearby Whitemarsh a Philadelphia man may be looking for a good field sobriety test defense attorney. According to reports, the 46-year-old man was found in the lawn of a home in that area, his vehicle having been crashed into a tree. The accident occurred on April 6, and now the man has been charged with driving under the influence.

Anyone familiar with field sobriety tests in Philadelphia knows that these tests can consist of a number of tasks. The most common tests are the walk-and-turn test and the standing on one leg test. Another, known as the “horizontal gaze nystagmus test” involves having the suspect driver watch an object in front of their face, usually the point of a pen, as an officer moves the object back and forth. The officer will look for involuntary bouncing or jerking in the eyeball, which is common in individuals who are intoxicated.

For the 46-year-old man in the recent incident, however, it appears that police had him attempt to recite the alphabet. In his attempt the man reportedly failed to get past the letter “E.” The man was later transported for a blood alcohol content test, with results allegedly coming in at .16 or higher.

While some people who are stopped on suspicion of DUI and asked to take field sobriety tests may be wish to decline to do so, it is usually best to simply cooperate with the police officer. However, these tests, and the results, are controversial. There are many factors that may not be taken into account when these tests are conducted, and therefore a good defense strategy is to go over every detail of the tests to see if there was a misstep on the part of the arresting officer. If there was, charges may be reduced, or dropped altogether.

Source: Plymouth-WhitemarshPatch, “Drunken Man Crashed in Whitemarsh Lawn, Police Say,” Brittany Tressler, April 29, 2013