The 9 Step Walk and Turn test is a
standard field sobriety test that is considered scientifically valid if
administered correctly. It's also true that many people simply cannot pass this
test under any circumstances.
At some point you gave my client the instructions for the walk and turn test.
During the instructions stage of the test, you are trained to see if they
can follow the instructions that you give them.
Aside from his performance on the test, you are also looking to see if my
client can follow the instructions.
That’s why it is referred to as a divided attention test.
My client waited for you to finish your instructions before he began.
He was able to keep his balance while you were giving the instructions.
You asked him to maintain a heel-to-toe stance during the instructions.
He maintained that position during the instructions.
You asked him if he had any medical conditions?
You asked him if he had any problems with his back?
You asked him if he had any problems with his legs?
There was a reason you asked those questions.
You were trained to ask those questions.
You were trained that “some people have difficulty with balance, even
when sober” ?
This exercise requires him to take 9 heel-to-toe steps up and down a line?
You didn’t allow him to maintain a visual point of vertical reference for
purposes of maintaining his balance, did you?
There are 8 standardized cues on the walk & turn exercise?
A person has 93 opportunities to score one of those 8 cues?
For example, a person takes a total of 18 heel-to-toe steps up and down a
line, correct?
And, if he stops to steady himself on any one of those 18 steps, it counts
as a clue against him, correct?
And, if the person fails to touch heel to toe on any one of those 18 steps,
that would be a so-called clue that you would count against him?
So, the subject has 18 opportunities to fail to touch heel-to-toe?
Had he taken the wrong number of steps up and down the line, you would have
counted that as a clue against him?
But he took the proper number of steps up and down the line, didn’t he?
The fact that he took the proper number of steps up and down the line
suggests that he understood your instructions, doesn’t it?
He could have raised his arms to balance on any one of those 18 steps,
correct?
Had he raised his arms to balance on any one of those steps, even one time,
you would have counted that as a clue against him, correct?
But he didn’t have to raise his arms for balance, did he?
He didn’t raise his arms for balance even one time, did he?
Even though raising one’s arms for balance would have been a perfectly
natural balancing response, wouldn’t it?
You didn’t give my client a chance to practice that turn, did you?
You would agree, officer, that most people tend to do better on athletic
exercises with practice, wouldn’t you?
When you were a kid, you didn’t hit a home run the first time you ever
went to bat, did you?
You spend a lot of time on the street, don’t you?
You don’t see a lot of people just walking down the street heel-to-toe?
Walking heel-to-toe is not something that people have a lot of practice and
experience doing, is it?
