Question: What Are Some Common Mistakes That Police Officers Make In Georgia?
Answer: We’re always checking field sobriety evaluations. Generally the field sobriety evaluations are called standardized tests. They were put together by the National Highway Traffic Safety Administration after scientific studies, and being a standardized test, the officer has to instruct in a standardized manner and that means he has to do it the same way every time, and he has to score the evaluations in a very standardized manner. The lawyers in our firm are NHTSA certified, so we’re very good at picking out when the officer has violated his own training. One good example I find often is the officer will take off on the scoring on the walk and turn test when the client does not touch their heels to their toes, but when you watch the video you’ll see the officer instruct them to walk heel-toe. And you can always ask the officer if you’re going to count not touching their heels to their toes against them you should tell them to touch their heel to their toe, not simply walk in a heel-toe manner. Implied consent would be another spot where we’re always looking to see if the arresting officer did his job properly. Did he read the implied consent after placing someone under arrest? Did he read the implied consent properly? Did he in fact designate a test? And then, did he get the test that he had designated? We would look to see if the officer waited twenty minutes before he gave the breath test that he had requested. If it’s a blood test case, or if the defendant asked for an independent test, we would check to see if the officer gave the independent test. You’re also always looking for extraneous information the officer may be giving somebody. If someone asks for the officer to explain the implied consent card, he may give extraneous information that is incorrect. We would be looking for that. Generally, we’re looking for any procedural mistake that the officer has made.