DUI Trial Transcript: One-Leg Stand
by Jamison Koehler on September 17, 2013
Q: Turning your attention now, Officer, to the one-leg stand.
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?
Q: In fact, you testified on direct that you have administered it over 150 times, right?
Q: And if you don’t administer the test correctly, the results have absolutely no validity, right?
Q: You would agree with me that when you testified earlier, you said that there are four clues to the one leg stand?
THE COURT: You need to answer yes or no.
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?
Q: So you realize how important those four clues are, right?
Q: The clues you gave when you testified earlier were sways while balancing, hopping, putting foot down, and looking down?
Q: You need to say yes or no.
Q: You are going to stand by that? Those are the four clues?
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?
THE COURT: Yes.
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.
Q: Please refresh your recollection. Look up when you’re done.
Q: Officer, would you like to change your testimony?
Q: What are the four clues to the one-leg stand?
A: Sway, use arms for balance, hop, and put foot down.