WHAT IS NHTSA OR THE NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION?
The first kind of evidence the government will use is the police officer's observations. All officers in Arizona are certified peace officers, and they all have taken certain courses in DUI investigations. These courses are all standardized NHTSA (National Highway Traffic Safety Administration) classes, the same across the country. The police officer will testify as to how he saw the accused drive and how he saw the accused behaved once he got out of the car. The testimony is always right out of the NHTSA playbook, practically memorized. The police officer will testify to no end how the accused exhibited the NHTSA "nighttime driving cues of impairment." That is just copspeak for "he looked like he was driving drunk."
WHAT ARE FIELD SOBRIETY TEST OR FST AND WHAT DO HAVE TO DO WITH A DUI CHARGE?
The police officer will testify about the field sobriety tests, or FSTs. According to NHTSA, the FSTs are standardized and are a reliable way to determine if someone has had too much too drink. The tests typically include the horizontal gaze nystagmus, the walk and turn, and the one legged stand. Allegedly, these tests are validated.
ARE POLICE OBSERVATIONS FOOL PROOF OR DO OFFICERS MAKE MISTAKES?
No, the evidence is not perfect and police officers make mistakes all the time. That is part of the reason why police officers in the metropolitan Phoenix area rarely use dash cams in their squad cars: they do not want the jury to see the mistakes the officer made during the DUI investigation. The police only want to hear what the police officer has to say in his report.
IF I AM CHARGED WITH A DUI IN PHOENIX OR ANYWHERE IN ARIZONA, SHOULD I FIGHT IT?
Yes, Contact Vladimir Gagic at his Phoenix office today.
