Right, and he was looking to go to the edge and park near the grass so it would be like a parking spot. You could see that on the video that that’s where he parked. Then, there’s this gravel where there are divots from other cars driving in and out, and yet the officer expected my client to perform almost perfectly in the field sobriety test on this very uneven surface of loose stones and rocks. He’s supposed to walk in a straight line despite the officer not giving him a straight line to walk on, and he’s supposed to stand on one leg, etc. The officer gives him a series of instructions of 9 or 10 different things to do and explains it all in about 15 seconds. Doesn’t give him any chance to practice, and expects him to remember all of those different things after only hearing them one time.
In the walk-and-turn test, the officer tells him
you need to walk, start with your left foot, walk heel-to-toe, in a straight line, hands down at your side, counting out loud, when you get to end after taking 9 steps, turn pivoting on your right foot taking small steps with your left foot, turning all the way around, walking back the same direction in a straight line, walking heel-to-toe, hands at your side, counting out loud again.
This officer admitted that he spoke very quickly, and you could see that he did on the video. He tells my client the instructions one time, and my client performs well on the test, but the officer still counts it against him because he didn’t do every single thing that he was told. He was expected to do the test on this poor uneven gravel surface, and the officer never takes that or his nervousness into account. That’s a lot of pressure. Someone is taken out of their car on the side of the road and expected to perform in this test, and the officer doesn’t take any of those factors into account and holds them against him? That’s just not fair.