Field sobriety exercises (FSEs) are often mistaken as tests, because they are compelled and administered by law enforcement to the Defendant. For this reason, the Defendant would request a special jury instruction clarifying that FSEs are not tests, they are limited to lay observations, and are not subject to not expert testimony.
State v. Meador, 674 So.2d 826 (Fla. 4th DCA 1996)
In Meador the Court held: evidence of the police officer's observations of the results of defendant's performing the walk-and-turn test, the one-legged stand, the balance test and the finger-to-nose test should be treated no differently than testimony of lay witnesses (officers, in this case) concerning their observations about the driver's conduct and appearance.
REQUESTED JURY INSTRUCTION
Evidence of the police officer's observations of the defendant's performance of the field sobriety exercises, should be treated no differently than testimony of a lay witness concerning their observations about the defendant's conduct and appearance.
STANDARD FOR A SPECIAL JURY INSTRUCTION
In Evans v. State, 13 So.3d 100 (Fla. 4th DCA 2009) the Court held: The failure to give the requested instruction does constitute reversible error when it is established that: "(1) [t]he requested instruction accurately states the applicable law, (2) the facts in the case support giving the instruction, and (3) the instruction was necessary to allow the jury to properly resolve all issues in the case."
