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Phone: (530) 244-1755
FIELD SOBRIETY TESTS (FSTs)
FSTs -- IN GENERAL
These are not really tests at all; rather, I like to think of them as highly subjective Roadside Agility Exercises that are designed for failure. In theory, these tests were designed to simulate and evaluate your "divided attention" abilities, a critical skill in operating a motor vehicle. However, there are many people who, for many innocent reasons, cannot perform these tests to the officer's satisfaction, and pay the price with a DUI arrest. Note: should you fail the roadside (non-chemical) breath test (PAS), which is also considered a FST -- you will most likely be arrested regardless of how well you performed (or think you performed) on the other tests. DO YOU HAVE TO SUBMIT TO THE FSTs?
NO! What most people don't know is that these tests/exercises are not mandatory! However, the officer who stopped your car won't tell you this and will use the test results to justify your arrest and accumulate evidence to be used against you in court or at the Department of Motor Vehicles. Remember, it is your right to politely refuse to accept an invitation to submit to any or all Roadside Agility Exercises. Good prosecutors win on the merits, but it takes great prosecutors
to put
innocent persons in prison. Riverside DA. "That's why we need a robust constitutional defense Bar!" |
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