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…