Field Sobriety Tests and DUI Charges in Overland Park
Overland Park DUI Defense Attorney
A traffic stop which turns into a DUI (Driving Under the Influence) investigation generally results in the officer having the driver perform various balance and reaction tests to determine if the driver is impaired due to drugs or alcohol. This can seem fair, as long as the officer is well trained in the testing techniques, only uses the approved tests and is very observant. There are a number of factors which could negatively influence the outcome, such as bad weather conditions, poor road surface, and age or physical conditions of the driver, as well as incorrectly administered tests. If you or a loved one has failed a series of such tests and been arrested, it is crucial that you consult an Overland Park criminal defense attorney for assistance without delay. Attorney Robert C. Gigstad has received the same training as law enforcement officers, and is certified to administer the National Highway Traffic Safety Administration (NHTSA) Standardized Field Sobriety Tests.
Field Sobriety Tests and DUI Defense
The tests approved for use in the Field Sobriety Test (FST) were tested by the NHTSA (National Highway Traffic Safety Administration) for effectiveness. The only three that were found to have validity are the Horizontal Gaze Nystagmus test, the walk and turn and the one leg stand. According to the NHTSA studies, even when these are carefully and correctly administered and evaluated there is a large margin of error possible, meaning a sober person can fail these tests for a number of reasons. The officer may have failed to fully explain and demonstrate the test before having you perform the actions. An uneven or sloping surface could interfere with balance and your ability to successfully perform. Obesity, disability, having uncertain balance, or other physical conditions can make it impossible to carry out the movements correctly while maintaining good balance.
An officer's failure to administer the correct tests or administer them correctly can also be grounds for excluding test results from the evidence against you. If the officer had you do a preliminary breath test and arrested you based on the fact that you failed it, this also can be challenged as these devices are not reliable. Fighting the results of an FST is a complex matter which depends upon a full understanding of the technical issues involved. A respected DUI defense lawyer at our firm carefully examines all of the circumstances surrounding a client's arrest in order to identify the flaws in the prosecution's case with the intention of getting the charges dismissed or reduced.
The most damaging evidence against a driver may be the statements he or she makes in answer to an officer's or prosecutor's questions. Be aware of this, and don't answer any questions without first getting advice of legal counsel. Any DUI conviction (or guilty plea) will have serious repercussions on your future. This makes it vital that you take effective action in your own defense. Talk to a criminal defense lawyer who can work closely with you and delivers an aggressive defense by calling Gigstad Law Office, LLC.
If you have failed a Field Sobriety Test, contact an Overland Park DUI defense attorney to discuss your case.
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Testimonials
Client-Centered Legal Representation
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"Robert Was Extremely Helpful and Great to Work With!"My dad has used Robert for several moving violations in the past and recommended that I give him a call for a speeding ticket of my own. Robert was extremely helpful and great to work with. He successfully got my speeding ticket reduced to a non moving violation.Happy Client
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"Robert Quickly Found out What Actions I Could Pursue with the Moving Violation I Received"Robert quickly found out what actions I could pursue with the moving violation I received. He took care of everything for me, and all I had to was give him the paperwork. I highly recommend Robert for consultation as my moving violation was skillfully changed to a non-moving violation and kept off my record/insurance.Mike
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"Amazing since day one!"You and your team have been amazing since day one; I cannot thank you enough for the 'smooth process' and keeping my mind at ease throughout.K.V.
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"I Always Felt "in the Loop""Robert was extremely responsive from day one - returning my email contact request almost immediately. He walked me through the process and answered all my questions honestly and promptly. I always felt "in the loop". I originally contacted him because he was the only Johnson County attorney I found that had listed in his advertisement, expungement, as a service he provided. Robert assisted me in doing something I didn't know was possible - finally putting a bad decision I made 14 years ago behind me. Although I appreciated his professional and respectful approach to his work, I hope I never need his services again. If I do however, I would not hesitate to call him.DWI Client
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"Robert Gigstad Is a Good down to Earth Attorney"Robert Gigstad is a good down to earth attorney. He helped my daughter with her case which included transporting and open container and a DUI. He was very reasonable on the cost too which we were extremely thankful.Anthony
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"I Was Incredible Thankful for the Services I Received During My DUI Case"I was incredible thankful for the services I received during my DUI case. Not only was Robert responsive, helpful and efficient, he was very respectful to my time and communicated with me constantly. I could always count on if I sent him something I would know what to expect by the next day. Chris maintained an exquisite level of professionalism and tack when dealing with my case. I never once felt like he was treating me as just another case and would recommend his services to anyone.Brantley
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"He Was Successful in Attaining That Goal!"Mr. Gigstad was very upfront and accessible to us and performed his duties with a positive outcome for all parties. We had a game plan going into this venture and he was successful in attaining that goal. He represented both myself and my son and was very fair on his fees.Randy
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"Robert Was Extremely Helpful and Efficient in the Way He Handled My Case"Robert was extremely helpful and efficient in the way he handled my case. Due to his hardwork and persistence he was able to get my DUI dismissed and I was only charged with a traffic violation. I highly recommend his services to anyone. BillyBilly
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