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VIDEO – Walk and Turn Field Sobriety Test

Imagine a straight line in front of you. Put your left foot on that line. Place your right foot in front of your left foot with your left toe touching your right heel. Put your hands down by your sides and hold that position without moving. Hello, I’m attorney Scott Smith and today we’re talking about the walk and turn field sobriety test, the second of the three standardized field sobriety tests approved by the National Highway Traffic and Safety Administration designed for the detection of impaired drivers.

Are you still holding that starting position I discussed in the beginning of this video? It’s tough isn’t it? Now imagine you’re on the side of the interstate with cars passing at seventy miles per hour, or in a parking lot next to a busy intersection with people looking on. You’ve got an officer that’s already told you that the test is to determine whether or not you’re safe to continue to drive. Is it getting more difficult? You haven’t even begun to actually walk the test yet.

The walk and turn field sobriety test provides the officer seventy-six different opportunities to notice eight clues of impairment. If the officer notices only two clues, it gives the officer enough evidence to believe you are an impaired driver.

The eight clues are broken down into two phases. The first phase is the instructional phase. During the instructional phase the officer asks you to get into the position described at the start of the video. During this instructional phase the officer is looking to see if you break that stance of if you start too soon by mimicking the officer’s movements. Those are the first two of eight clues.

During each series of nine steps you take, the officer is looking for four clues on each step. They are looking to see whether you miss touching heel to toe, whether you step off your line, whether you stop walking at any point during the step taking, or whether or not you use your arms for balance.

There are two final in the walking phase. One is for not turning exactly as instructed by the officer, and the final clue is for taking the incorrect number of steps in either series of nine steps, going out or coming back.

Does this test seem difficult to you to pass? The test isn’t designed to be passed. It is designed to show the officer clues of impairment to help them justify arresting you. We recommend to all our clients to politely refuse to participate in field sobriety testing, especially the dexterity testing. Do not help the officer make their case.

Our team of experienced Georgia DUI attorneys are trained just like the police officers in how to properly perform field sobriety evaluations. We are trained to look at each test and break down whether or not the instructions are correct, whether the officer demonstrated it correctly, and whether or not you actually exhibited the clues the officer said he saw at the time of you conducting these tests.

If you’ve been stopped for DUI and you are worried about your performance on the walk and turn field sobriety test, or whether or not you’ve just got questions for us, call our office today for a free consultation. We’re available twenty-four hours a day, seven days a week. Our telephone number is 404-581-0999.

Thank you.

VIDEO – Make Sure You Are Prepared to Attend Court in Georgia

What should I wear to court, how should I act when  I’m there, what if I am super nervous about attending court? You must be prepared to attend court. These are topics we will be discussing in today’s Peach State Lawyer video blog.

Hey there, I’m Scott Smith from the Peach State Lawyer law firm talking to you today about preparations you should make in attending court in Georgia, whether it be the city of Atlanta or Superior Court of Cobb County, there are certain things you need to know to be prepared to attend court in Georgia.

First, be on time. Regardless of whether or not you have an attorney who is representing you or you are representing yourself, if you’re told to be in court, you need to be on time. That means be in the courtroom five to ten minutes earlier than the time stated on your court notice. As we all know traffic in and around Atlanta can be awful, I strongly recommend you become familiar with the traffic patterns from your home to the courthouse, parking at the courthouse, and the courtroom number you are going to. If you are super anxious about attending court ask your lawyer to meet you at the courthouse a day or a week in advance to introduce you to the courthouse and the courtroom.

One suggestion I have for our clients is to add a reminder in their phone that includes the judges name they are assigned, the case number, and courthouse information. That information is easily accessible when it is on your telephone which you will bring with you to the courthouse. If you are running late, call or text your lawyer to let them know your expected time of arrival.

If you don’t make it to court on time you could be subject to a bench warrant, fines, or even a Georgia driver’s license suspension. It might also have an impact on your pre-trial negotiations with the government’s prosecutors.

Next, dress appropriately. Certain courthouses have specific dress codes you must follow. But here’s a great go by.

Gentlemen, no shorts, no sandals, no tanktops, no ballcaps. Our office recommends you dress conservatively and professionally. We recommend wearing khaki pants and tucked in, collared shirt every time you appear in court.  It is not necessary to wear a suit or a jacket and a tie. We feel sometimes that is overkill. But it is important to show the court you are taking the matter pending against you very seriously.

Women, no open toed shoes. No exposed shoulders. No shorts. Again, we recommend dressing conservatively and professionally.

Next, turn off all phones and electronic devices while you’re in court. If a device goes off in court, it will most likely be taken and you may be subject to a fine or other penalty for contempt of court.

Pay attention to the bailiff and court staff. Most courtrooms will actually instruct you on courtroom procedures and decorum prior to the start of court. They will tell you if you are allowed to leave the courtroom to make phone calls or use the restroom without court permission.

Lastly, always stand when you hear the court or court clerk call your name.  In our experience 90 % of courtrooms expect you to stand to show you are present.

Following these guidelines will ensure you are prepared to attend court and your day in court runs smoothly.

If you’re facing an upcoming court date and want to ask questions about the nature of the charge you are facing or courtroom procedures call us today and schedule a free consultation. We’re available 24 hours a day, 7 days a week. 404-581-0999. Thank you so much.