Q: DOES A OFFICER HAVE TO FULLY DEMONSTRATE SOBRIETY TEST? IN PARTICULAR THE HEEL TO TOE TEN STEPS AND BACK?
THE OFFICER ONLY TOOK 3 STEPS WHEN DEMONSTRATING. THEIR WAS 20-30MPH WIND FACTOR WITH RAIN HORRIBLE WEATHER MY UNDERSTANDING IS NHSTA PROCEDURES STATE TEST HAS TO BE FULLY DEMONSTRATED. I ALSO FOUND A PREVIOUS CASE WHERE IT WAS DISMISSED DUE TO COP NOT FOLLOWING GUIDLINES/PROCEDURES IE NOT FULLY DEMONSTRATING THEREFORE ALL EVIDENCE OBTAINED AFTERWARDS WOULD NOT BE ALLOWED IN THE COURTS
A: The officer does not have to perform the entire test in order to properly "demonstrate" what he's asking you to do during the test. In Texas, 3 steps seems to be the usual number of steps officers show the suspect in the heel-to-toe sobriety test.
A: Although the cop may not have demonstrated the entire test, that alone will not result in suppression of the evidence, but it gives you something to argue to the fact finder. Good luck with your case.
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