How can a person challenge the results of a sobriety test?

One way a person can challenge the results of a sobriety test in New York is by showing that the tests were not administered correctly. In general, state laws require that sobriety tests must be given in accordance with established protocols and procedures. It is the responsibility of the police officer to prove that the tests were administered correctly. In the case of a breathalyzer, for example, the person must be observed by the police officer for a predetermined period of time to ensure that nothing is done to affect the accuracy of the results. If this step is not followed, then the results of the breathalyzer test can be challenged in court. In addition, a person can challenge the results of a sobriety test by showing that there was a deficiency in the testing equipment or that the testing conditions were not ideal. If the device was not calibrated correctly or if the weather was too cold or too hot, the results may be inaccurate. Finally, a person can challenge the results of a sobriety test by presenting evidence that the test administrator was not properly qualified, was not adequately trained, or was not following established procedures and protocols. This type of evidence is usually obtained through testimony from experts or other witnesses.

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How can a person challenge the results of a sobriety test?

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