U.S. Capitol building

DUI Trial Transcript: One-Leg Stand

Jamison KoehlerDUI and Driving Offenses, Trial Advocacy

Q:            Turning your attention now, Officer, to the one-leg stand.

A:            Okay.

Q:            Mr. Jones had you step into the well of the court and demonstrate how you delivered the instructions on the night in question.

A:            Yes, sir.

Q:            And, in fact, you were speaking so quickly that the stenographer had to interrupt you.  She had to tell you to slow down, right?

A:             Yes, but that’s not –

Q:            — It’s fair to say that you have –

A:            — the way –

Q:            — delivered this test many times, right?

A:            I’m sorry?

Q:            It’s fair to say that you have delivered this test many times, right?

A:            Yes.

Q:            In fact, you testified on direct that you have administered it over 150 times, right?

A:            Yes.

Q:            And if you don’t administer the test correctly, the results have absolutely no validity, right?

A:            Yes.

Q:            You would agree with me that when you testified earlier, you said that there are four clues to the one leg stand?

A:            Hm-hmm.

THE COURT:            You need to answer yes or no.

A:            Yes.

Q:            These were the four things you were going to be testing Mr. Smith on.

A:            That’s right.

Q:            You were going to mark it down whether or not Mr. Smith passed the test, right?

A:            Yes.

Q:            So you realize how important those four clues are, right?

A:            Yes.

Q:            The clues you gave when you testified earlier were sways while balancing, hopping, putting foot down, and looking down?

A:            Hm-hmm.

Q:            You need to say yes or no.

A:            Yes.

Q:            You are going to stand by that?  Those are the four clues?

A:            Yes.

Q:            You can correct yourself now if you need to.

A:            Those are the four clues.

Q:            Officer, I’m going to refer you – could I approach?


Q:            I’m going to refer you to a document.  Could you please have a look at this and tell me if you recognize what it is?

A:            It’s the NHTSA manual, the section on the one-leg stand.

Q:            Okay, now I’m going to direct your attention down to the bottom of the page.

A:            Hm-hmm.

Q:            Please refresh your recollection.  Look up when you’re done.

A:            Okay.

Q:            Officer, would you like to change your testimony?

A:            Yes.

Q:            What are the four clues to the one-leg stand?

A:            Sway, use arms for balance, hop, and put foot down.