Pay attention to the testimony!!!! A police officer yesterday may have confused himself when he recited the order in which he confronted my client and asked her to perform the Field Tests. He testified that he the car was lawfully parked and after he detected an odor of alcohol, he ordered her out to do the tests. Once outside the vehicle he detected the clues that would have warranted asking her to take the Field Tests. The odor of alcohol is not enough or every person leaving a bar would be walking the imaginary line. The judge had no choice but to suppress everything. I am a note taker- always have been. It allows me to argue that I wrote it down in this order and it makes it easy for the judge to review his notes or if no notes, agree that the officer testified in that order. AND NO CROSS-EXAMINATION!!!! Don’t lose a case because you are just dying to ask questions.
Had I lost the Motion the Judge was prepared to grant the Motion for Judgment of Acquittal because the police officer never testified about the instructions he gave my client on each Field Test. He knew what the instructions were supposed to be but he could not take judicial notice that the police officer gave them. The Sate suggested I could have asked, I don’t bake their pie. The client did residential treatment and some Aftercare, so her family and I hope this is the only time she has to visit with me.