Michael Kramer, Attorney at law

1311 Mamaroneck Ave
Suite 340
White Plains, NY 10605
mk@michaelkramerlaw.com

Call for a Free, 20-min,
Traffic Ticket Strategy Session

(914) 709-7161

Michael Kramer, Attorney at law

Interviewer: If you could give me a scenario, when someone is pulled over at what point would these tests be administered?

A Traffic Violation Is Typically the Impetus for a Police Stop

Michael Kramer: Someone is pulled over usually for a traffic violation. The police officer approaches the car and smells alcohol. He usually then asks the motorist have you been drinking? If the motorist admits to the ingestion of some alcohol or sometimes regardless, if the smell of alcohol is strong he’s going to ask the motorist to step out of his car and he’s going to place the motorist in what he feels is the best location to conduct these tests.

Essentially, Performing the Field Sobriety Tests Can Provide the Police with Evidence They Need to Make a DUI Arrest

The officer on the side of the road has to make a determination whether there’s enough evidence to arrest someone for driving under the influence. Unless the car that the motorist was weaving all over the road, or doing some other obvious action, the officer is lacking the evidence necessary to make an arrest. That is the purpose of field sobriety tests.

Will the Driver Be Video Recorded Performing the Field Sobriety Tests?

Interviewer: While this is occurring is the driver video recorded?

Michael Kramer: Basically, the information I’m giving you with regard to these tests and procedures is based on practices utilized in Westchester County. Usually in Westchester County, unfortunately, the tests are not videotaped. Videotaping field sobriety tests is usually employed in New York City.

In N.Y.C. probable cause for the arrest is usually based upon the observations of a police officer and admissions of the motorist. Then an arrest is made and the tests are conducted. And videotaped back at the police station. Thus it depends on the jurisdiction you’re in. Westchester County, where I practice, does not videotape the tests.

Michael Kramer, Esq.

Call for a Free, 20-min,
Traffic Ticket Strategy Session
(914) 709-7161