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The third test administered by the officer is the one-leg-stand test. This test requires a reasonably dry, hard, level, and nonslippery surface. The suspect is instructed to:
The officer is required to time it for 30 seconds and to record clues if the subject:
4. Sways while balancing
Judges are reasonable and are supposed to be objective. The one-leg-stand test is difficult to preform error free, while sober, under perfect conditions. Often this test is administered on busy highways, at night, with traffic flying by, and the suspect my be nervous and experiencing extreme anxiety. Some traffic stops are videoed. If a video tape exists your Maryland DWI attorney must obtain it through discovery. Often these videos show that the suspect did not perform the test as poorly as the police officer indicates, sometimes they don't. Any factor that compromises the individual's ability to perform the test, such as age, health, footwear, etc., should be conveyed to the judge by an experienced Maryland DUI lawyer.
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