The Third Problem With Field Sobriety Tests

Posted on February 22, 2011 by Rob McKinney

Here's a video , I created some time ago.It illustrates the third problem with field sobriety tests. While your looking at the screen shot of the video , you might be thinking to yourself why is  he holding a women's shoe . Trust me . I am not Coach Ryan with a foot fetish. The video shows a great point of a  failed  DUI  investigation.Women today wear crazy heels when they go out. Your shoes can effect the field sobriety tests.

According to VIII-11 of the February , 2006 Edition of The DWI Detection and Standardized Sobriety Testing student Manual., " Individuals wearing heels more than 2 inches should be given the opportunity to remove their shoes.It can be a Catch-22 for the client.Take off the shoes and your walking barefoot on the roadway under varying conditions.Don't take off your shoes and you are doing field sobriety tests on stilts.This is the third problem with field sobriety tests in drunk driving cases in Tennessee.

One last thing, I invite you to place any question you might have in the comment section.I will try to answer it if I can . 

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The Problem With Field Sobriety Tests

Posted on February 8, 2011 by Rob McKinney

               

Who made the field sobriety tests the primary means of detecting driver impairment to alcohol in Tennessee DUI cases ? The answer is your government.Beginning in the 1970's research studies were sponsored by the National Highway Traffic Safety Administration (NHSTA). NHSTA contracted with the Southern California Research Institute (SCRI) to determine which roadside field sobriety test were the most accurate.The field sobriety tests were designed to be standardized so the tests would be the same in Nashville,Tennessee or Franklin , Tennessee.

There are limitations on the field sobriety tests.Last Sunday most Americans were watching the Super Bowl . Professional athletes who are in tip top shape and train everyday.Where did they perform these football feats. On a perfectly level playing field.The DWI Detection and Standardized Field Sobriety Testing  2006 Manual  requires the Walk-and-Turn test and the One-Leg Stand test be performed on  a reasonably smooth , level surface. If the "tests" aren't done according to design they provide no information to the court or the jury.Therefore , the field tests should be inadmissible.

Today , I reviewed a case where the field sobriety tests were done outside my office on Second Avenue in Nashville.The slope is tremendous.Based on my personal knowledge , the tests were done almost on a hillside.That test is flawed from the start.

So what does a experienced  DUI lawyer do ? Grab a level.Go to the scene.Fight the test for it's flawed basis. The image in the post depicts the perfect location for the field tests. It's inside.

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Always Go To The Scene Of The Crime

Posted on July 12, 2010 by Rob McKinney

In the July 2, 2010 Trial Tips Newsletter published by Elliott Wilcox, Mr. Wilcox discusses the importance of going to the crime scene.  From DUI cases to First Degree Murder cases, going to the scene gives you a real feel for the case.  Here are a few takeaways from the article;

  1. The attorney will give better opening statements.  You can see the scene in your mind.  It lets you bring the scene to life.
  2. The attorney will be able to give more detail during direct examination.
  3. The cross examination will be more detailed.

Here is a perfect example of the benefits of going to the crime scene for the criminal defense attorney and the client.  I went to the scene of a DUI case here in Nashville.  The grade of the pavement where the field sobriety tests were performed were on a 20 degree slope.  The police officer was trained to administer these tests on a level surface.  According to the National Highway Traffic and Safety Administration the sobriety tests can't be reliable in these circumstances.  Result- The DUI charge was reduced.

For those of who are accused of a DUI in Nashville ,Tn. you will get a ton of letters offering to represent you.  At the client interview, if they do one, one question you should ask is do you go to the scene of the crime.

One last thing, I encourage all criminal defense attorneys to sign up for the free trial tips newsletter.  I have been reading them for over a year and I pick up something in every issue.

One word of warning. My law clerk was shot while working at the Davidson County Public Defender's Office. Her advice is to take someone with you in certain parts of town .

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