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Notable Cases: Field Sobriety Tests

Interviewer: Are there any particular cases that you can recall where you had to I guess maybe like that you would say would be one of your more memorable or favorite victories that really involved the field sobriety test?

Adam Hunt: I guess one was during one of the hurricanes when I had an individual that was probably about six-foot-six and very thin. He was asked to take the test. The rain was falling basically horizontal as opposed to vertical. There was that one. Then there was another one where even things like a tongue piercing, which is popular among women and some men, can interfere with like a portable Breathalyzer.

Interviewer: The individual that was six-foot-six and the rain was coming down like horizontally – I’ve seen that before down at the coast – what happened? They performed the field sobriety test. I’m guessing that that person was not doing so well because of the conditions that were around him, right?

Adam Hunt: Right. Then when it was all said and done, even his Breathalyzer was barely over the limit, with the limit as low as it is, and he could have probably been driving perfectly fine except for the weather.

Interviewer: Wow. What happened with that case? Did they dismiss it or were you able to get charges reduced?

Adam Hunt: We were able to get them reduced fairly quickly due to him being barely over the legal limit. I think he was .084 on the actual Breathalyzer. We did file for suppression, but it wasn’t even necessary to run that. It was more of a cost factor for the client, and him wanting to go ahead and settle it for an amended charge that didn’t carry the penalties of the OVI or DUI.

Interviewer: Wow. What else counts against you? You mentioned the tongue ring. If a woman is wearing high heels or something like that, is she going to be allowed to take those off? If so, is that going to count against her? Are they looking for little things like that?

Adam Hunt: I’m sure they would allow her to take them off, but then again, you’re going to be asked to perform in the road, which has stones. If it’s in the middle of winter, I don’t know if it’s going to be a comfortable exercise.

By: Adam Hunt

Ohio Criminal Defense Attorney Adam Hunt
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