The Standardized field sobriety test refresher course manual is an interesting read – although apparently most officers have never done a refresher course. In any event, toward the back of the manual are some articles for officers about testifying and validating their work. Most of the tips are thoughtful and correct. However, some clearly are written by individuals who do not understand the legal realm as well as they should. To wit, one such article suggests that if a field sobriety test is not done correctly then it is still admissible as evidence but should be given its due weight. Nonsense. NHTSA says that unless these tests are done in strict compliance that are unreliable. Hence, this author is suggesting that it is acceptable not to follow the rules that regulate these tests and if you fail to follow the prescribed rules the test results are still admissible.
Again, GOOD ENOUGH FOR GOVERNMENT WORK. Appalling.
The SFST refresher manual can be found at this link and the article I refer to starts on page 165.
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