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If you have been arrested for DUI in Miami, Fort Lauderdale or Tallahassee you most likely were asked to complete the roadside exercise called the “Walk and Turn.” A trained Miami, Fort Lauderdale or Tallahassee DUI lawyer can break down the inherent flaws in this test, and at trial nullify the testimony of the police through effective cross examination.
The Walk and Turn test is a DUI exercise where a police officer will ask an individual that is under investigation to walk up and back on a line in order to determine their ability to balance, follow instructions and measure their impairment.
According to the NHTSA manual the Walk and Turn test should be administered in a well lit area, with a flat surface, set away from the traffic, with a thick white line on the ground to follow. The person should be asked to start on one end of the line with one foot in front of the other, and when prompted to begin to walk heel to toe 9 steps. Once 9 steps have been completed, the person should then turn back in balance and walk 9 steps once again heel to toe. The person is supposed to have flat shoes or take them off if their shoes are a hindrance to their balance.
NO – Roadside exercises are NOT TESTS. They are simply measuring devices used to try to measure potential impairment.
The police are instructed to ask the individual if they have any limitations during the instructional phase.
If your case calls for a jury trial, the trained DUI lawyers at Gilbert and Smallman will cross examine the officer on their procedure. Often times this exercise is done next to a busy roadway with cars driving by at high speeds. Often times this exercise is not done with a line on the road, but rather the police will just ask the person to walk in a straight line. The bottom line is that if these exercises are not performed in the manner in which the NHTSA prescribes, the police officer will look biased in front of a jury for making assumptions about impairment, when in fact, they haven’t done their job correctly. We are able to turn the tables on the police and put them on trial.
It is your liberty and license at stake, and we take that very seriously. Please visit our case victories to see some of the success we have had on DUI cases in the past. We offer free consultations and payment plans to those in need. Get in contact with an experienced Miami, Fort Lauderdale or Tallahassee DUI lawyertoday. We answer our phones and are happy to speak to you about your case.
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ADDRESS Law Offices of Gilbert & Smallman PLLC 3475 Sheridan St. #301 Hollywood, FL 33021 CELL (954) 661-7371 OFFICE (954) 251-3106 FAX (954) 404-6003
ADDRESS Law Offices of Gilbert & Smallman PLLC The White Building One Northeast Second Ave, Suite 200 Miami, FL 33132 CELL (786) 371-4431 OFFICE (786) 863-8568
ADDRESS Law Offices of Gilbert & Smallman PLLC 909 East Park Avenue Tallahassee, FL 32301 OFFICE (850) 391-7045 FAX (850) 391-6152
ADDRESS Law Offices of Gilbert & Smallman PLLC 12550 Biscayne Blvd, Suite 800 North Miami, FL 33181 CELL (786) 371-4431 OFFICE (786) 863-8568 FAX (954) 404-6003
