No right to ask for SFSTS

Gary S Bernstein

On Behalf of | Aug 26, 2009 | DUI |

What happens if you are stopped for speeding and the officer detects an odor of an alcoholic beverage?  He orders you out of the car.  Instead, what if he asks you, while seated in the car, to perform the alphabet and count backwards and you successfully complete both?  You have also retrieved your license and registration without a problem.  You also pulled over immediately and parked appropriately.  The answer is you don’t have to get out of the car to perform SFSTS and good-bye case and not guilty.  Don’t assume the police always have the unfettered right to ask you to exit to perform SFSTS.  That was the second of two not guilty verdicts on Monday.