cross examination: finding the white space [a demonstration]

CROSS EXAMINATION: FINDING THE WHITE SPACE [A DEMONSTRATION]Demonstration session Erin H. Gerstenzang February 6, 2015

DEMONSTRATING SOBRIETY

DR IV ING DEMEANOR F I E L D S O B R I E T Y

FINDING THE WHITE SPACE

Trained to observe

Impaired people have difficulty doing this

Example(s) of what impaired people do

You asked John to do this

He complied

And, you did not indicate anything unusual about the manner in which he did this

WHITE SPACE FORMULA ?

?

?

?

?

?

Yes.

Yes.

Yes.

Yes.

Yes.

Trained to observe

Impaired people have difficulty doing this

Example(s) of what impaired people do

You asked John to do this

He complied

And, you did not indicate anything unusual about the manner in which he did this?

BLUE LIGHTS PULL OVER

DR IV ING

WITNESS RECOLLECTION

IF IT WASN’T NOTED, IT DIDN’T HAPPEN…

Trained on police report writing

Trained to be accurate

Trained to be thorough

Include all relevant details

Have to testify months later

You had time to prepare a report

Narrative - not limited by space

You’ve reviewed it since

You submitted it to your supervisor

Made no amendments

REPORT WRITING

Trained to observe

Impaired people have difficulty doing this

Example(s) of what impaired people do

You asked John to do this

He complied

And, you did not indicate anything unusual about the manner in which he did this?

LICENSE

SPEECH EYES

EXIT WALK TO REAR STANDING

GENERAL

Normal dexterity and fine motor skills

Normal balance

Normal walk

Normal speech

Normal eyes

You've ‘created’ facts for closing

C L I E N T ’ S D E M E A N O R

GRAY SPACE๏ Condition of eyes ๏ Odor of alcohol ๏ Performance on FSTs ๏ Instructions for FSTs ๏ Mental clarity

(followed instructions) ๏ Admission (investigate

size/type drinks)

๏ Polite ๏ Cooperative ๏ Explanations ๏ Equal pupil size ๏ VGN ๏ No resting nystagmus ๏ Anything the officer did

incorrectly

Trained to observe

Impaired people have bloodshot watery eyes

You would agree that a person can have this without drinking alcohol

Allergies

Simple fatigue

Did not ask how much sleep he had

Stopped John at 1:00 am

Any investigation of innocent explanations

BLOODSHOT WATERY

EYES

Trained to observe

Impaired people have an odor

You would agree that based upon your training, you cannot determine how much

You would agree that based upon your training, you cannot determine when

You would agree that based upon your training, you cannot discern a level of impairment

An odor merely tells you alcohol is present

STRONG

ODOR

Trained to observe

Impaired people can be emotionally inappropriate

Example(s) of what impaired people do

In this case you indicated that Jon was polite and cooperative

POL I TE COOPERAT IVE

ATT I TUDE

DEMONSTRATING SOBRIETY

DR IV ING DEMEANOR F I E L D S O B R I E T Y

FOLLOW THE INSTRUCTIONS

CLIENT: John Doe OFFICER: Deputy Smith

HGN

Date

Equal pupil size Equal tracking

Lack of smooth pursuit

Max deviation

Prior to 45º 6 out of 6 clues

Had to be reminded to keep head still

VGN

Not present

WALK AND TURN

Notes

ONE LEG STAND

January 1, 2010 2:36 AM

Sways

Hops

Arms

Foot down

0 out of 4

Stayed for 44 seconds indicating slow internal clock

Unable to maintain balance

Starts too soon

Arms

HT

Improper #

Improper turn

Off line

Stops

2 out of 8

Does not count out loud

**

CLIENT: John Doe OFFICER: Deputy Smith

HGN

Date

Equal pupil size Equal tracking

Lack of smooth pursuit

Max deviation

Prior to 45º 6 out of 6 clues

Had to be reminded to keep head still

VGN

Not present

WALK AND TURN

Notes

ONE LEG STAND

January 1, 2010 2:36 AM

Sways

Hops

Arms

Foot down

0 out of 4

Stayed for 44 seconds indicating slow internal clock

Unable to maintain balance

Starts too soon

Arms

HT

Improper #

Improper turn

Off line

Stops

2 out of 8

Does not count out loud

**

HGN

N E E D A B I G P I C T U R E - ? ? ? ? F L A M E ?

HGN

STAND STILLFEET TOGETHER ARMS AT SIDE EYES AND EYES ONLY

FOLLOW INSTRUCTIONS

Trained to observe

Impaired people have difficulty doing this

Example(s) of what impaired people do

You asked John to do this

He complied

And, you did not indicate anything unusual about the manner in which he did this?

EQUAL PUPILS EQUAL TRACKING

CLIENT: John Doe OFFICER: Deputy Smith

HGN

Date

Equal pupil size Equal tracking

Lack of smooth pursuit

Max deviation

Prior to 45º 6 out of 6 clues

Had to be reminded to keep head still

VGN

Not present

WALK AND TURN

Notes

ONE LEG STAND

January 1, 2010 2:36 AM

Sways

Hops

Arms

Foot down

0 out of 4

Stayed for 44 seconds indicating slow internal clock

Unable to maintain balance

Starts too soon

Arms

HT

Improper #

Improper turn

Off line

Stops

2 out of 8

Does not count out loud

**

CLIENT: John Doe OFFICER: Deputy Smith

HGN

Date

Equal pupil size Equal tracking

Lack of smooth pursuit

Max deviation

Prior to 45º 6 out of 6 clues

Had to be reminded to keep head still

VGN

Not present

WALK AND TURN

Notes

ONE LEG STAND

January 1, 2010 2:36 AM

Sways

Hops

Arms

Foot down

0 out of 4

Stayed for 44 seconds indicating slow internal clock

Unable to maintain balance

Starts too soon

Arms

HT

Improper #

Improper turn

Off line

Stops

2 out of 8

Does not count out loud

**

WAT

TITLE TITLE TITLE TITLE

Text goes here

DIVIDED ATTENTION

STARTS TOO SOON

IMAGINARY LINE

IMPROPER TURN

CLIENT: John Doe OFFICER: Deputy Smith

HGN

Date

Equal pupil size Equal tracking

Lack of smooth pursuit

Max deviation

Prior to 45º 6 out of 6 clues

Had to be reminded to keep head still

VGN

Not present

WALK AND TURN

Notes

ONE LEG STAND

January 1, 2010 2:36 AM

Sways

Hops

Arms

Foot down

0 out of 4

Stayed for 44 seconds indicating slow internal clock

Unable to maintain balance

Starts too soon

Arms

HT

Improper #

Improper turn

Off line

Stops

2 out of 8

Does not count out loud

**

CLIENT: John Doe OFFICER: Deputy Smith

HGN

Date

Equal pupil size Equal tracking

Lack of smooth pursuit

Max deviation

Prior to 45º 6 out of 6 clues

Had to be reminded to keep head still

VGN

Not present

WALK AND TURN

Notes

ONE LEG STAND

January 1, 2010 2:36 AM

Sways

Hops

Arms

Foot down

0 out of 4

Stayed for 44 seconds indicating slow internal clock

Unable to maintain balance

Starts too soon

Arms

HT

Improper #

Improper turn

Off line

Stops

2 out of 8

Does not count out loud

**

WAT

O N E L E G S TA N D

SWAYS ARMS HOPS F O O T D O W N

Trained to observe

Impaired people have difficulty doing this

Example(s) of what impaired people do

You asked John to do this

He complied

And, you did not indicate anything unusual about the manner in which he did this?

QUESTIONS?

Demonstration session Erin H. Gerstenzang February 6, 2015