ARGUMENT 1. Use your common sense WHEN YOU Watch the videotape and see for yourself. Look at Defendant’s demeanor. Look and you will see the “CUES” that I discussed with the Trooper ARE NOT present.
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DWI DETECTION GUIDE [what you didn’t see] • Weaving • Weaving across lane lines p=.50-.75 • Straddling a lane line • Swerving • Turning with a wide radius • Drifting • Almost striking a vehicle or other object SPEED AND BRAKING PROBLEMS • Stopping problems • Accelerating or decelerating for no apparent reason • Varying speed • Slow speed (10+ mph under limit VIGILANCE PROBLEMS • Driving in opposing lanes or wrong way on one-way • Slow response to traffic signals • Slow or failure to respond to officer’s signals –MAYBE, BUT
LOOK AT THE PICTURE OF THE ROAD CONDITION? ISN’T IT A SIGN OF HIS AWARENESS NOT IMPAIRMENT THAT HE DIDN’T DRIVE OVER THIS DROP OFF AND PULLED IN A DRIVEWAY, THEN ASKED YOU IF OK? RIGHT. CALLED FAILURE TO COMPLY, NOT CITED, RIGHT?
• Stopping in lane for no apparent reason
• Driving without headlights at night* • Failure to signal or signal inconsistent with action* USED SIGNAL, RIGHT? JUDGMENT PROBLEMS • Following too closely • Improper or unsafe lane change • Illegal or improper turn (too fast, jerky, sharp, etc.) • Driving on other than the designated roadway • Stopping inappropriately in response to officer • Inappropriate or unusual behavior (throwing, arguing, etc.) – • Appearing to be impaired
The Ten Post-stop cues are:
• Difficulty with motor vehicle controls • Difficulty exiting the vehicle • Fumbling with driver’s license or registration • Repeating questions or comments • Swaying, unsteady, or balance problems • Leaning on the vehicle or other object • Slurred speech • Slow to respond to officer/officer must repeat • Provides incorrect information, changes answers • Odor of alcoholic beverage from the driver
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Cooperated…didn’t stumble or sway..the only person was the TROOPER who lost his balance, Mr. Defendant didn’t Refusal is his constitutional right to remain silent…don’t use that against the defendant. He did what he did due to HIS DISABILITY and then based on HIS ATTORNEY’S ADVICE.
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Like or not, there isn’t enough evidence to prove this case BEYOND a REASONABLE DOUBT – you agreed that a mere suspicion, possibility, probability was not enough. No Evidence of impairment that adversely effected Defendant’s ability to operate motor vehicle. NOT GUILTY. THANK YOU.
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