Did I Pass the Field Sobriety Test?

October 9, 2014

Criminal Defense Lawyer | DWI, Drug, Theft & Assault Charges

By Collin County Criminal Defense Lawyer Jeremy Rosenthal

(972) 369-0577

www.rosenthalwadas.com

When people are visiting with me about their recent DWI arrest in I’m often asked what constitutes passing or failing the standardized field sobriety tests.

I start by telling them that at least according to the grader– they probably failed — but the officer’s opinion ultimately isn’t what counts. It’s the jury’s opinion that matters and if the tests aren’t done to standard (and they often aren’t), then the jury may give the officer’s tests and opinions very little weight.

The truth is that there are three tests that are typically utilized by police and they are highly subjective in how they are graded. Not only that, but they must be given in the manner prescribed by the officer’s training or the results can be compromised. So when the officer says you failed — I tend not to worry.

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What is Hearsay?

October 7, 2014

Criminal Defense Lawyer | DWI, Drug, Theft & Assault Charges

By Collin County Criminal Defense Lawyer Jeremy Rosenthal

(972) 369-0577

www.rosenthalwadas.com

As a general rule, if a witness on the stand is repeating what someone else said who isn’t testifying in a case… there are hearsay issues.  In trial you have a constitutional right to cross examine someone testifying against you — but you can’t effectively cross examine someone who isn’t there.

For starters, a short blog can’t possibly do the concept of hearsay any justice. Hearsay is one of the hardest topics in evidence and is heavily covered on the multistate bar exam.

The hearsay rule can block damaging statements from being admitted into evidence at a criminal trial. In some cases, such as assault/ family violence cases, the entire outcome can rest on a single hearsay objection. Yeah… It’s THAT important.

The legal definition of hearsay is, “a statement, other than one made by the declarant while testifying at the…

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