In the "heel to toe"walking part of the D.W.I road test,if a woman is wearing high heeled shoes,the police will teel her bto remove them before takingthe test.I was told that refusal to remove your heels will be considered the same thing as a refusual to take the test.But what if an officer had concerns about a suspect who wearing flat shoes.For example,what if a suspect was wearing a pair of flat dress shoes and had mentioned to the officer that they were too tight and/or hurting their feet?In that senario,would the officer tell the suspect to remove their shoes?And if they refused,would it carry the same result as the lady wearing high heels?
2 Answers from Attorneys
It's unlikely that the officer would testify that way. An experienced criminal defense attorney can help you evaluate the prosecution's case, any defenses that you might have, and any plea offer that might be made, so that you can decide whether to go to trial. Consider seeking a confidential consultation.
I agree, none of this ever happens. If it does the cop is either really stupid or crazy smart. Both are unlikely (especially the 2nd one). It seems like you're talking about "refusal" of SFSTs as the same thing as refusing a breath test. They are very different, and refusing SFSTs is almost always a good idea.
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