preparing for battle: the dui case
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Preparing for Battle: The DUI Case
Erin H. Gerstenzang Atlanta, Georgia EHGLawfirm.com
IMPROVE YOUR PRACTICE
CLIENT: John Doe OFFICER: Deputy Smith
HGN
Date
Equal pupil size Equal tracking
Lack of smooth pursuit
Max deviation
Prior to 45º 6 out of 6 clues
Had to be reminded to keep head still
VGN
Not present
WALK AND TURN
Notes
ONE LEG STAND
January 1, 2010 2:36 AM
Sways
Hops
Arms
Foot down
0 out of 4
Stayed for 44 seconds indicating slow internal clock
Unable to maintain balance
Starts too soon
Arms
HT
Improper #
Improper turn
Off line
Stops
2 out of 8
Does not count out loud
**
Polite; Cooperative;
Talkative;
Carefree
CLIENT: John Doe OFFICER: Deputy Smith
DRIVING
Date
High rate of speed Wide turn
Straddles center line
Fish-tailed
Slow to respond to ER lights
ADMISSION
Did not realize car lost control Going to Pink Pony
Denies drinking
ODOR
Alcohol, “moderate”
EXIT
WALK TO REAR
Hands on vehicle
Bloodshot; Watery
Notes
EYES
Flushed
FACE
SPEECH
ABILITY TO FOLLOW INSTRUCTION
January 1, 2010 2:36 AM
ATTITUDE
Fair
Normal
DRIVERS LICENSE
Complied immediately
ORGANIZE INFORMATION ON TWO PAGES
Observations FSTs
THE STATE’S ROADMAP
RULE 1
SMART PHONE PRINCIPLE: SAME INFORMATION GOES IN THE SAME
PLACE - NO EXCEPTIONS
Polite; Cooperative;
Talkative;
Carefree
CLIENT: John Doe OFFICER: Deputy Smith
DRIVING
Date
High rate of speed Wide turn
Straddles center line
Fish-tailed
Slow to respond to ER lights
ADMISSION
Did not realize car lost control Going to Pink Pony
Denies drinking
ODOR
Alcohol, “moderate”
EXIT
WALK TO REAR
Hands on vehicle
Bloodshot; Watery
Notes
EYES
Flushed
FACE
SPEECH
ABILITY TO FOLLOW INSTRUCTION
January 1, 2010 2:36 AM
ATTITUDE
Fair
Normal
DRIVERS LICENSE
Complied immediately
RULE 2
FIRST PAGE HAS EVERY FACT ABOUT YOUR CASE OTHER THAN
FIELD SOBRIETY TESTS
Polite; Cooperative;
Talkative;
Carefree
CLIENT: John Doe OFFICER: Deputy Smith
DRIVING
Date
High rate of speed Wide turn
Straddles center line
Fish-tailed
Slow to respond to ER lights
ADMISSION
Did not realize car lost control Going to Pink Pony
Denies drinking
ODOR
Alcohol, “moderate”
EXIT
WALK TO REAR
Hands on vehicle
Bloodshot; Watery
Notes
EYES
Flushed
FACE
SPEECH
ABILITY TO FOLLOW INSTRUCTION
January 1, 2010 2:36 AM
ATTITUDE
Fair
Normal
DRIVERS LICENSE
Complied immediately
Observations
RULE 3
LIST INFORMATION IN CHRONOLOGICAL ORDER
Polite; Cooperative;
Talkative;
Carefree
CLIENT: John Doe OFFICER: Deputy Smith
DRIVING
Date
High rate of speed Wide turn
Straddles center line
Fish-tailed
Slow to respond to ER lights
ADMISSION
Did not realize car lost control Going to Pink Pony
Denies drinking
ODOR
Alcohol, “moderate”
EXIT
WALK TO REAR
Hands on vehicle
Bloodshot; Watery
Notes
EYES
Flushed
FACE
SPEECH
ABILITY TO FOLLOW INSTRUCTION
January 1, 2010 2:36 AM
ATTITUDE
Fair
Normal
DRIVERS LICENSE
Complied immediately
CHRONOLOGICAL STRUCTURE
This is how the testimony will be
presented on direct.
Polite; Cooperative;
Talkative;
Carefree
CLIENT: John Doe OFFICER: Deputy Smith
DRIVING
Date
High rate of speed Wide turn
Straddles center line
Fish-tailed
Slow to respond to ER lights
ADMISSION
Did not realize car lost control Going to Pink Pony
Denies drinking
ODOR
Alcohol, “moderate”
EXIT
WALK TO REAR
Hands on vehicle
Bloodshot; Watery
Notes
EYES
Flushed
FACE
SPEECH
ABILITY TO FOLLOW INSTRUCTION
January 1, 2010 2:36 AM
ATTITUDE
Fair
Normal
DRIVERS LICENSE
Complied immediately
CHRONOLOGICAL STRUCTURE
This is how the testimony will be
presented on direct.
RULE 4
SECOND PAGE COVERS THE FIELD SOBRIETY TESTS
CLIENT: John Doe OFFICER: Deputy Smith
HGN
Date
Equal pupil size Equal tracking
Lack of smooth pursuit
Max deviation
Prior to 45º 6 out of 6 clues
Had to be reminded to keep head still
VGN
Not present
WALK AND TURN
Notes
ONE LEG STAND
January 1, 2010 2:36 AM
Sways
Hops
Arms
Foot down
0 out of 4
Stayed for 44 seconds indicating slow internal clock
Unable to maintain balance
Starts too soon
Arms
HT
Improper #
Improper turn
Off line
Stops
2 out of 8
Does not count out loud
**
RULE 5
LIST ALL POSSIBLE CLUES ALONG WITH ANY ADDITIONAL OBSERVATIONS NOTED
CLIENT: John Doe OFFICER: Deputy Smith
HGN
Date
Equal pupil size Equal tracking
Lack of smooth pursuit
Max deviation
Prior to 45º 6 out of 6 clues
Had to be reminded to keep head still
VGN
Not present
WALK AND TURN
Notes
ONE LEG STAND
January 1, 2010 2:36 AM
Sways
Hops
Arms
Foot down
0 out of 4
Stayed for 44 seconds indicating slow internal clock
Unable to maintain balance
Starts too soon
Arms
HT
Improper #
Improper turn
Off line
Stops
2 out of 8
Does not count out loud
**
CLIENT: John Doe OFFICER: Deputy Smith
HGN
Date
Equal pupil size Equal tracking
Lack of smooth pursuit
Max deviation
Prior to 45º 6 out of 6 clues
Had to be reminded to keep head still
VGN
Not present
WALK AND TURN
Notes
ONE LEG STAND
January 1, 2010 2:36 AM
Sways
Hops
Arms
Foot down
0 out of 4
Stayed for 44 seconds indicating slow internal clock
Unable to maintain balance
Starts too soon
Arms
HT
Improper #
Improper turn
Off line
Stops
2 out of 8
Does not count out loud
**
RULE 6
MARK CLUES LISTED IN THE REPORT WITH AN ASTERISK SO YOU CAN
ANTICIPATE THE TESTIMONY
CLIENT: John Doe OFFICER: Deputy Smith
HGN
Date
Equal pupil size Equal tracking
Lack of smooth pursuit
Max deviation
Prior to 45º 6 out of 6 clues
Had to be reminded to keep head still
VGN
Not present
WALK AND TURN
Notes
ONE LEG STAND
January 1, 2010 2:36 AM
Sways
Hops
Arms
Foot down
0 out of 4
Stayed for 44 seconds indicating slow internal clock
Unable to maintain balance
Starts too soon
Arms
HT
Improper #
Improper turn
Off line
Stops
2 out of 8
Does not count out loud
**
CLIENT: John Doe OFFICER: Deputy Smith
HGN
Date
Equal pupil size Equal tracking
Lack of smooth pursuit
Max deviation
Prior to 45º 6 out of 6 clues
Had to be reminded to keep head still
VGN
Not present
WALK AND TURN
Notes
ONE LEG STAND
January 1, 2010 2:36 AM
Sways
Hops
Arms
Foot down
0 out of 4
Stayed for 44 seconds indicating slow internal clock
Unable to maintain balance
Starts too soon
Arms
HT
Improper #
Improper turn
Off line
Stops
2 out of 8
Does not count out loud
**
CLIENT: John Doe OFFICER: Deputy Smith
HGN
Date
Equal pupil size Equal tracking
Lack of smooth pursuit
Max deviation
Prior to 45º 6 out of 6 clues
Had to be reminded to keep head still
VGN
Not present
WALK AND TURN
Notes
ONE LEG STAND
January 1, 2010 2:36 AM
Sways
Hops
Arms
Foot down
0 out of 4
Stayed for 44 seconds indicating slow internal clock
Unable to maintain balance
Starts too soon
Arms
HT
Improper #
Improper turn
Off line
Stops
2 out of 8
Does not count out loud
**
CLIENT: John Doe OFFICER: Deputy Smith
HGN
Date
Equal pupil size Equal tracking
Lack of smooth pursuit
Max deviation
Prior to 45º 6 out of 6 clues
Had to be reminded to keep head still
VGN
Not present
WALK AND TURN
Notes
ONE LEG STAND
January 1, 2010 2:36 AM
Sways
Hops
Arms
Foot down
0 out of 4
Stayed for 44 seconds indicating slow internal clock
Unable to maintain balance
Starts too soon
Arms
HT
Improper #
Improper turn
Off line
Stops
2 out of 8
Does not count out loud
**
Page 2: FSTS
CLIENT: John Doe OFFICER: Deputy Smith
HGN
Date
Equal pupil size Equal tracking
Lack of smooth pursuit
Max deviation
Prior to 45º 6 out of 6 clues
Had to be reminded to keep head still
VGN
Not present
WALK AND TURN
Notes
ONE LEG STAND
January 1, 2010 2:36 AM
Sways
Hops
Arms
Foot down
0 out of 4
Stayed for 44 seconds indicating slow internal clock
Unable to maintain balance
Starts too soon
Arms
HT
Improper #
Improper turn
Off line
Stops
2 out of 8
Does not count out loud
**
CLIENT: John Doe OFFICER: Deputy Smith
HGN
Date
Equal pupil size Equal tracking
Lack of smooth pursuit
Max deviation
Prior to 45º 6 out of 6 clues
Had to be reminded to keep head still
VGN
Not present
WALK AND TURN
Notes
ONE LEG STAND
January 1, 2010 2:36 AM
Sways
Hops
Arms
Foot down
0 out of 4
Stayed for 44 seconds indicating slow internal clock
Unable to maintain balance
Starts too soon
Arms
HT
Improper #
Improper turn
Off line
Stops
2 out of 8
Does not count out loud
**
Page 2: FSTS
CLIENT: John Doe OFFICER: Deputy Smith
HGN
Date
Equal pupil size Equal tracking
Lack of smooth pursuit
Max deviation
Prior to 45º 6 out of 6 clues
Had to be reminded to keep head still
VGN
Not present
WALK AND TURN
Notes
ONE LEG STAND
January 1, 2010 2:36 AM
Sways
Hops
Arms
Foot down
0 out of 4
Stayed for 44 seconds indicating slow internal clock
Unable to maintain balance
Starts too soon
Arms
HT
Improper #
Improper turn
Off line
Stops
2 out of 8
Does not count out loud
**
CLIENT: John Doe OFFICER: Deputy Smith
HGN
Date
Equal pupil size Equal tracking
Lack of smooth pursuit
Max deviation
Prior to 45º 6 out of 6 clues
Had to be reminded to keep head still
VGN
Not present
WALK AND TURN
Notes
ONE LEG STAND
January 1, 2010 2:36 AM
Sways
Hops
Arms
Foot down
0 out of 4
Stayed for 44 seconds indicating slow internal clock
Unable to maintain balance
Starts too soon
Arms
HT
Improper #
Improper turn
Off line
Stops
2 out of 8
Does not count out loud
**
Page 2: FSTS
RULE 7
TAKE NOTES IN THE RIGHT-HAND COLUMN
CLIENT: John Doe OFFICER: Deputy Smith
HGN
Date
Equal pupil size Equal tracking
Lack of smooth pursuit
Max deviation
Prior to 45º 6 out of 6 clues
Had to be reminded to keep head still
VGN
Not present
WALK AND TURN
Notes
ONE LEG STAND
January 1, 2010 2:36 AM
Sways
Hops
Arms
Foot down
0 out of 4
Stayed for 44 seconds indicating slow internal clock
Unable to maintain balance
Starts too soon
Arms
HT
Improper #
Improper turn
Off line
Stops
2 out of 8
Does not count out loud
**
Polite; Cooperative;
Talkative;
Carefree
CLIENT: John Doe OFFICER: Deputy Smith
DRIVING
Date
High rate of speed Wide turn
Straddles center line
Fish-tailed
Slow to respond to ER lights
ADMISSION
Did not realize car lost control Going to Pink Pony
Denies drinking
ODOR
Alcohol, “moderate”
EXIT
WALK TO REAR
Hands on vehicle
Bloodshot; Watery
Notes
EYES
Flushed
FACE
SPEECH
ABILITY TO FOLLOW INSTRUCTION
January 1, 2010 2:36 AM
ATTITUDE
Fair
Normal
DRIVERS LICENSE
Complied immediately
ALL THE FACTS OF YOUR CASE ON TWO PAGES
1
TRAINING - ARIDE - NHTSA - DRE
MINIMUM OF 2 SECONDS
RELUCTANT TO EXIT VEHICLE
PEOPLE NORMALLY DON’T HAVE TO BE REMINDED TO KEEP HEAD STILL
LEVEL AND FLAT SURFACE NO TRAFFIC GOING BY!!
CAN’T RECALL IF D HAD ANY INJURIES
WAS COLD AND RAINY
LATER ADMITTED TO DRINKING BEER
2
CAN’T RECALL IF D WAS IN CAR OR OUT OF CAR WHEN HE READ ICW. HE NORMALLY READS IN CAR BUT SINCE IT WAS RAINING…
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