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Common Client Mistakes & Errors That Make Their Case Difficult

Interviewer: Okay. Are there any things that clients do that make the case a little bit more difficult or things that they say that may make it a little bit more difficult?

Adam Hunt: Admitting to drinking always makes it more difficult.

Interviewer: Have you ever had clients say something like, “I couldn’t even do this when I was sober”?

Adam Hunt: Yeah, there have been a few mistakes in things that have been said. If it’s not being recorded, and it makes it into the police report and once that’s in there, the police officers tend to like to use those quotes against them.

Interviewer: Yeah. With that particular quote alone, I think what most of the time people are trying to convey is that the tests are hard for them even though they haven’t been drinking. It’s a hard thing to convey to an officer. I think a lot of people would agree that some of these tests are pretty difficult sometimes for them to complete, but do you think that sometimes people do feel a little bit over-confident with these tests?

Adam Hunt: I’m sure they do, and it costs them, even if it’s just a couple of points on that test. It would be almost like the opposite of being too nervous – same type of scenario.

Interviewer: Yeah. I don’t want to put it where it’s right or wrong or if they get something and they pass or fail, but if you were to put it in those terms, pass or fail, which of those field sobriety tests do you think that clients always mess up on? Which is the one that you see that most times?

Adam Hunt: I would say the one that’s most susceptible to error would probably be the walk-and-turn because people think, “I walk all day long every day; why can’t I walk?” It’s that, and the fact that it also could be impacted by medical issues, like a bad knee. The second most common would probably be the one-leg-stand test.

By: Adam Hunt

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