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I didn’t say, “Simon says”

Jamison Koehler DUI and Driving Offenses, Trial Advocacy

Q:            Officer. You testified on direct that my client was talkative when you first approached his car. A:            Yes. As I began speaking with him, he was repeating himself quite a bit, wasn’t really answering my questions, just kept repeating himself. He kept talking and talking and just wasn’t really cooperative at the time that I walked up to the …

The SFSTs Have Never Been Peer Reviewed

Jamison Koehler DUI and Driving Offenses

Peer review is a critical component of any scientific research.   You don’t simply expect people to take your word for it. Instead, you send things out to other experts in your field and you say: I am confident in the results I have received. But have at it. Scientific results must be reproducible, preferably by independent, outside parties. Finally, you …

Double-Counting Police Officer Observations in a DUI Case

Jamison Koehler DUI and Driving Offenses

In DUI cases in which a suspect refuses to submit to a breath, blood or urine test, judges will typically base a guilty verdict on two different considerations. First, there are the results of the Standardized Field Sobriety Test (SFST). Second, there are the police officer’s observations with respect to the suspect’s appearance and demeanor at the time of the …

Police Officer as Expert at DMV Hearing

Jamison Koehler DUI and Driving Offenses, Evidence, Trial Advocacy

Q:  You are certified to administer the standardized field sobriety tests? A:  Yes. Q:  So you are familiar with the science behind the standardized field sobriety tests? A:  Yes. Q:  And you are aware that the tests have never been peer-reviewed? A:  Um.  I was not aware – HEARING EXAMINER:  What is the relevance of this? A:  That’s – HEARING …

Refreshing Recollection at a DMV Hearing

Jamison Koehler DUI and Driving Offenses, Evidence, Trial Advocacy

DEFENSE COUNSEL:  Objection. HEARING EXAMINER:  Basis? DEFENSE COUNSEL:  I would ask that the officer testify from memory and not read from his report. HEARING EXAMINER:  Officer, are you testifying from memory or are you using the report to refresh your recollection? OFFICER:  I am using the report for recollection. HEARING EXAMINER:  Okay.  And are you relying solely on the report …