CROSS-EXAMINING WITH THE NEW “DWI (Driving While Intoxicated) DETECTION & STANDARDIZED FIELD SOBRIETY TESTING”- February 2006 Edition”

Gary S Bernstein

Most police no longer have the NHTSA Manual they were “certified” on. Those that do don’t bring it to court. I NEVER subpoena the officer to bring his Manual because he can study the Manual before court and “remember” that he gave the precise instructions for each exercise in the Manual to my client. When I show the officers the 2006 DWI NHTSA Edition, they will confidently state that they were not trained with that manual and therefore didn’t follow those procedures. They don’t realize that if updated and improved, then the procedures they used were wrong. For example, doctors once used leeches to remove infections from the body. Someone came along and invented a pill to do the same and more effectively. If you were only trained with leeches, maybe you shouldn’t be doing this anymore. This cross-examination is funny and keeps the karma in the courtroom at the correct temperature. It also reduces the weight the judge gives to these exercises, and allows for a strong reasonable doubt argument. Baltimore County District Court Judges, whether in Towson, Catonsville or Essex have come to expect that I bring some humor to the courtroom.