Field Sobriety Tests Defense in Jacksonville
Powerful Defense from Our Dedicated Legal Team
If a police officer suspects you are driving under the influence, the officer will ask you to perform field sobriety tests. While the officer will not tell you this, these tests, unlike the breath test, are voluntary and rarely to your advantage to agree to take them as they are fundamentally physical agility tests and can be failed by even a sober person. Nevertheless, if you fail, the officer will use them to defend the decision to arrest you for DUI.
Standardized Field Sobriety Tests
For those who have been arrested following field sobriety tests, there is good news. By working with an experienced Jacksonville DUI lawyer well-versed in these tests, you may be able to invalidate the results in court. Usually prosecutors use breath, blood or urine test results to establish that a defendant is DUI. However, sometimes these test results are not usable in court due to procedural errors. At that point, the prosecutor will fall back on field sobriety tests to prove that you are DUI. The most common tests are:
- Horizontal Gaze Nystagmus (HGN): The officer positions an object twelve inches away from your eyes and moves it back and forth. The officer observes your eyeballs to see if they lurch or quiver.
- Walk and Turn (WAT): You are asked to take nine heal-to-toe steps along a line and then turn around and walk back. The officer watches to see if you lose balance or make mistakes.
- One Leg Stand (OLS): While standing straight with arms at your side, you are asked to raise one leg six inches and start counting until the officer tells you to stop. The officer watches for you raising your arms to balance yourself or any other non-optimum action.
Pick Porter!™ We Offer Free One-Hour Consultations
At The Law Offices of Jason K.S. Porter, P.A., we defend clients charged with DUI in the Jacksonville, Florida area. As former DUI prosecutors, we are alert to police violations of field sobriety test procedure. Furthermore, we know that these tests, even when administered properly, mean little more than the client is not agile. We are also aware that police observations are subjective, biased and often exaggerated. In court, we make these points forcefully as we press for acquittal of charges.
Call (904) 701-0591 or request your free one-hour consultation online to start your defense! **Consultation fees may apply to family law consultations.
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Serving Jacksonville, FL Since 2004
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"Bad things happen to good families and people” That is one of the first things Jason said to me and my son. The laws are set to protect us. However, the law can be black and white when there are several shades of grey. If a man has a beer in his own house after coming back from war but is only 20, should his dad be charged for contributing to the delinquency of a minor? Have you ever done something now looking back, it may not have been the best decision but nothing happened? That was not the case a few years ago to my family. A bad decision, one I am sure many of us have done in our younger days. A bad decision was made and it could have ruined a young man’s future. The courts are busy and things can fall through the cracks; I was making sure my son was not one of them. I knew Jason had worked for the District attorney’s office so he knew both sides of the law. He knew what the other side was going to do and say because he was there for many years. He prepared our family through each and every step. He made sure that we were proactive “getting ducks in a row” so to speak. If there was something mentioned, we had already taken care of it and showed no history and really no where for the other side to go. What could have been jail time ended up being a bump in the road. No one can promise anything is a sure thing. Jason did not make any promises he was not prepared to keep. He told us what normally happens, and what he was going to try for and he did. I rather have someone say there is a 70/30 chance than, “sure this is no problem, don’t worry about it”. We do worry about it. It is our lives or one of someone we love. Some cases may not be life or death, but they all are between a life that could be and a life that never will be. Jason understands that and approached it as if was his brother standing next to him. Every now and then, I will look at my son when eating dinner or something and think, if it was not for Jason and his group, I would have to visit my son to see him. I thanked God for Jason being there then, and have every day since.
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The Law Offices of Mr. Jason K.S. Porter has exceeded all expectations and have gone well above and beyond. They made this unfortunate event less painful and were very open and honest throughout this difficult time. Kudos to Mrs. Darlene, Mrs. Shawna Abbatiello and Mr. Porter for their extreme professionalism and care. Thank you for representing me and changing the results of my case completely. I am 100% satisfied with the outcome and am grateful for your support, care, and services. Thank you 🙏🏽- N.J.
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I am so incredibly grateful for picking Porter. Jonathan Thacher was definitely there when I needed a lawyer.- Sharon F.
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Jason is a fantastic attorney. He has been our attorney for years. He was highly recommended to me and I'm so glad he was. I can call him ANYTIME and he will talk with me. If you are in need of an attorney, you won't go wrong with Jason.- Terrell H.
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Retain them you’re in great hands! They will get the job done. Got my case dismissed. Will definitely use them in the future if need be.- T.R.
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Mr. Jason Porter was very professional and detailed throughout the entire process. He was always available for any questions and if he wasn't sure about something, he would provide a quick turnaround time with the follow-up answer. He definitely knows his stuff and because of that, we were able to get a fair and reasonable outcome in the matter. His staff was very nice and professional as well. I would definitely refer anyone to him. Thanks again, Mr. Porter!!!- Humeshia B.
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It was a great experience working with them. They went out of their way to help- J.C.
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Jason Porter has helped me on two separate occasions and both times his attention to detail really impressed me. His staff is wonderful and easy to work with. The second time I worked with Jason Porter, he turned what I thought was a hopeless situation into a miracle. He literally got me my life back by getting the charges reduced. His experience as a trial lawyer came in handy when he had to work with the district attorney to change the judge's mind on my case. Jason Porter has a calming demeanor and he instilled confidence when going over the details of my case. I tended to be pessimistic, but Jason Porter would always reassure me and keep me positive. I will never be able to thank Jason Porter enough for all that he has done for me and my family. I hope I never need a lawyer again, but if I do I know I can count on Jason Porter to give me my best chance at a favorable outcome.- Michael C.
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