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: What I wanted to do now is go back and break down each of these tests just to get a better understanding of them. Let’s start with the walk and turn test. What does that entail?

Michael Kramer: A motorist is asked to stand still on a line with one foot in front of the other, listen to instructions, not sway off the line, and not lose their balance in any way and to walk nine steps forward. They then turn around, nine steps back, heel toe with the heel and the toe touching each step and the motorist is to count each step.

The problem with the walk and turn test is even if it’s done perfectly it’s only 68% accurate. This means that in 32% of the cases the conclusion that a motorist failed the test and was under the influence would be wrong. That is why it’s not proof beyond a reasonable doubt of the ultimate issue in a case which is, is a motorist intoxicated? It is just some evidence that they might be.

Interviewer: What is the invisible line the police refer to when administering the walk and turn test? How is the invisible line determined?

Michael Kramer: That would be a fertile field for cross examination. If an individual was asked to walk a line and there is no line on the side of the road or otherwise, just an imaginary line. Think of how ridiculous this will sound to a jury when a police officer testifies a motorist failed to stay on an imaginary line.

Interviewer: Is this usually the first test that’s administered or is there another one?

Michael Kramer: There are three so called standardized field sobriety tests, the horizontal gaze Nystagmus, walk and turn and one leg stand. There are other tests, finger to nose, alphabet count, finger count that are sometimes employed in addition or as a substitute based upon the policy of the particular police agency involved.

Michael Kramer, Esq.

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