More details to this question:
The officer started the SFST by asking me "do you mind if I check your eyes" and I said "yes" twice and he had me do the test anyway. In the DMV hearing he said "he asked me if he could check me eyes and I said yes!"
4 ANSWERS
FST's are completely voluntary and only fools do them.
Answered on Aug 16th, 2013 at 6:52 PM
Michael J. Breczinski
Yes. This type of thing can indicate intoxication.
Answered on Aug 16th, 2013 at 1:16 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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You may not have written this question the way you intended or I am misreading it. But on the facts as you wrote them, the FST was legal.
Answered on Aug 15th, 2013 at 7:39 PM
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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It probably is legal. You should have told him again that you did not consent. The DMV hearing is a civil case and the hearing officer is free to decide who is telling the truth.
Answered on Aug 15th, 2013 at 5:13 PM