Michael Kramer, Attorney at law

1311 Mamaroneck Ave
Suite 340
White Plains, NY 10605
mk@michaelkramerlaw.com

Call for a Free, 20-min,
Traffic Ticket Strategy Session

(914) 709-7161

Michael Kramer, Attorney at law

Interviewer: There other tests you mentioned, such as the alphabet reciting and the finger to the nose test. Are those administered as well?

Michael Kramer: With the alphabet test the officer usually asks you to start reciting the alphabet from a particular letter somewhat in the middle and that’s proven to be difficult for many people. This is because they’re used to starting from the beginning and ending at Z. In the finger to nose test, the driver’s eyes are closed, feet together and the officer directs either the right hand or the left hand to be lifted up and to place the forefinger at the tip of the nose.

The officer looks to see if you miss your nose. The officer looks to see if you follow his instructions in terms of the right and the left and he will try to vary that and the officers going to look to see whether you lose your balance during the test.

Those are some of the things he would look for in determining pass or fail. The problem is all of these tests are very subjective. Although you would think there would be some standardization on what constitutes a pass or fail. The grading method is purely subjective based on whatever a police officer concludes is unusual.

Pass or Fail? The Grading Method of the Tests Is Subjective and Entirely Based on the Observations of the Police Officer

For example, you may look at a videotape and it looks perfectly appropriate, perfectly passable. However a police officer may conclude that because a motorist missed the tip of his nose by a fraction of an inch, or partially stepped off of a line with part of his foot, he failed. It is purely subjective and should not stand up to a vigorous cross examination.

Interviewer: What sort of things should a client tell you or inform you about if they’ve been subjected to such tests?

Michael Kramer: Most of my clients feel they performed well on the tests. Most people feel they’ve passed the test but they don’t know what to look for and they don’t know what a police officer is looking for. They don’t know how detailed a police officer is in terms of determining a pass or fail.

The Average Motorist Is Uninformed about What Factors Determine a Passing or failing Score on the Field Sobriety Tests

As another example, many motorist are so anxious to do the test, while the officer is giving instructions, the motorist feels they understand the instructions so they begin the test before they are told to do so. Starting early is a no and is a mark against these are factors most motorists don’t even know exist that determine whether they pass or fail.

Michael Kramer, Esq.

Call for a Free, 20-min,
Traffic Ticket Strategy Session
(914) 709-7161