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When a driver is stopped under suspicion of impaired driving, the police officer will probably conduct a battery of tests to determine whether the driver is indeed impaired. However, testing sobriety can be very subjective.
For example, the methods of sobriety testing are often applied alongside cold, dark and busy roadways, where an officer’s ability to determine whether a person is intoxicated may be compromised by the physical conditions of the scene. In other cases, a physical ailment such as arthritis — and not impairment by drug or alcohol — may render a driver unable to perform a sobriety test to the satisfaction of the officer.
Lawyers at Neuberger & Partners LLP defend the rights of individuals accused of drinking and driving. To protect an accused person from the potentially negative consequences of an impaired driving charge, a defence lawyer must understand the methods of sobriety testing as well as, if not better than, the officer who testifies against the defendant.
In cases involving allegations of drug impairment, there is typically testimony from officers who have been very technically trained to detect impairment by drug. This kind of testimony may also be challenged, either with testimony from toxicology experts or by revealing other aspects of the investigation that may have compromised the evidence presented by the prosecution.
Questions regarding the legality of the traffic stop also arise in many cases of impaired driving or driving over 80.
If you have been accused of driving while impaired, then it is important to know that you have defence options. A lawyer with experience in these cases can protect your rights and develop a strategy for achieving a favorable outcome.