The Judge had the SFSTs performed on her, she passed, but the police officer failed

Gary S Bernstein

The judge today asked the police officer to perform the tests on her exactly as on the client.  On the HGN he held the stimulus so high she had to crane her neck.  I showed him the NHTSA Manual and he agreed it was held to high.  On the one-leg stand he told to hold her foot up like a Rocket.  Once again the NHTSA Manual showed the instruction was incorrect.  On the walk and turn the client did the imaginary line perfectly and only missed one step.  The client had no other issues except for a wide turn from a parking lot onto a narrow street.  The judge found no probable cause for the arrest and the case was over.  The police officer was honest and conceded he screwed up.  He did not say his NHTSA Manual was different or some BS like that.  After the case was over he walked over and shook my hand.  He was a gentleman to my client, on the witness stand, and to me.  I have commented before that the Baltimore County Police Officers are good, honest people.  Just another example of that.  To the judge’s delight, even though the HGN was administered incorrectly, she showed NO CLUES- she passed the test.