COMMONWEALTH v. GERHARDT

SJC-11967.

477 Mass. 775 (2017)

COMMONWEALTH v. THOMAS J. GERHARDT.

Supreme Judicial Court of Massachusetts, Worcester.

September 19, 2017.


Attorney(s) appearing for the Case

Rebecca A. Jacobstein , Committee for Public Counsel Services, for the defendant.

Michelle R. King , Assistant District Attorney, for the Commonwealth.

Steven S. Epstein & Marvin Cable , for National Organization for the Reform of Marijuana Laws, amicus curiae, submitted a brief.

Michael A. Delsignore & Julie Gaudreau , for National College for DUI Defense, amicus curiae, submitted a brief.

Present: GANTS, C.J., LENK, HINES, GAZIANO, LOWY, & BUDD, JJ.


In this case we are asked to consider the admissibility of field sobriety tests (FSTs) where a police officer suspects that a driver has been operating while under the influence of marijuana. Police typically administer three FSTs — the "horizontal gaze nystagmus test," the "walk and turn test" and the "one leg stand test" —...

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