These questions are asked to help a jury understand that the defendant was
clearly in a very stressful situation, and to place themselves in his shoes.
Nervousness can often explain poor performance on any kind of test, especially
if the consequence of failure is an arrest.
Almost everyone is nervous when stopped by the police. If you may have had a
drink or two, you are likely to be extra nervous even if you know you aren't
actually impaired.
Officer, you would agree that a police officer is an authority figure?
A police officer carries a badge and a gun and has the power to arrest
people?
You went to school for approximately four months in order to acquire the
power to carry a badge and a gun and the power to arrest?
Based on your training and experience, you know that people are often
nervous during encounters with police at the roadside, aren't they?
Based on your training and experience, it is normal for someone to have
their heart pounding?
Based on your training and experience, it is normal for someone to have a
dry mouth?
Based on your training and experience, it is normal for someone to be
shaking slightly?
And this could be true if a person has done nothing wrong, correct?
Despite the fact that he was scared, he was at all times respectful and
cooperative, wasn't he?
