Gerald R Stahl is Grand Rapids Michigan lawyer representing people seriously injured in auto and truck accidents for over 30 years. He also defends people charged with crimes,including drunk driving, drug crimes, and homicide. He is a member of The American Association for Justice and a Fellow in The National College of Advocacy. This Blog does not constitute legal advice. In no way does it create or imply an attorney client relationship. If you have a legal problem you should consult a lawyer.
Thursday, March 8, 2012
The arrest video of Michigan Rep Bob Genetski shows the difficulty in performing and passing drunk driving sobriety tests.
As a Michigan drunk driving defense lawyer I am often asked whether or not a drunk driving suspect should agree to take the roadside field sobriety tests. I think the recent arrest of Representative Bob Genetski shows the difficulty in performing the tests. In reviewing the video evidence posted online, it shows the MSU police officer conducting 5 different tests on Genetski. Genetski consents to the tests. Although the officer conducts the nystagmus eye test for several minutes, the results cannot be seen on the video and are completely subjective. He is also asked to recite the alphabet and he does that perfect. The officer also makes him perform the one leg stand, count backwards and perform the heal to toe tests.Grand Rapids Drunk Driving Defense The shear amount of the field sobriety tests he was required to perform almost ensures he would fail. The fact is that the field sobriety tests in Michigan for drunk driving are designed to make the suspect fail. The realty is even if you are completely sober no person can perform all the tests perfect. Every person is unique and has different capabilities.West Michigan Experienced Drunk Driving Lawyer Also, a police investigation for Operating While Intoxicated would make most people very nervous. The tests are designed to help the prosecutor gain additional evidence to obtain a conviction. Finally, since the officer is going to give you PBT anyway, why perform his field sobriety tests.Gerald R Stahl defends people charged with Drunk Driving or OWI in 63rd District Court, 61st District Court, 58th District Court, 57th District Court and other courts throughout Michigan.