What Is Judicial Review

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hi my name is eric willison and i’m anattorney working in central ohio and i’ve been doing dui cases since 1996 i have developed quite a bit of experience inthat and i’m gonna tell you a little bit about what to do and not to do if you stopped for drunk driving now thefirst thing you have to understand when you’re dealing with a drunk drivingstop is the fourth member the fourth amendment to the unitedstates constitution says that you cannot be arrested searchseized stopped all that sort of thing unless there iseither a warrrant to stop you

or there’s probable cause to stop younow they are never going to have a warrant to stop you at2:30 in the morning all the judges are going to be asleep and there’s no way that they couldn’t doit anyway because it is too serendipitous what they might have but they might haveis probable cause so the first thing they’re going to lookfor in order to stop you they don’t actually need probablecause they only need reasonable suspicion to make a traffic stop what they’re going to look for someindication that you are violating the

law often that violation actually is not anindication that you’re violating the law you actually violate the law, you are speedingor you fail to use a turn signal when you’re turning left where you go to a brake light that’sout or a headlight is out or yourmuffler’s too loud or yourolled through a stop sign any traffic offense will do to get youpulled over okay now once they pull you over that’s still not enough to arrest youand take you back station what they’ve

got to get from there they’ve got to get to probable cause. nowhow do they do that they do that by enlisting their greatestally which is you they’re gonna start asking you afterthey smelled alcohol coming from the window the car they are going to say "you a drink tonight, sir?" or ma’am and if you say oh i just hadone a while back well now we have an admission drinkingstrike one they’re gonna be… of course to be lookingclosely at you they could be looking to see if you arebloodshot eyes check mark

are they gonna they’re gonna look to seeif you’re slurring your words a little bit if you’re speaking slowly you’remumbling check mark they’re going to see if yougot some unsteady movements check markthey’re gonna give you what’s called a divided attention test this is such a subtle test you’re noteven gonna know you’re taking it because what he’s gonna do is he’s gonnasay i’d like to see your driver’s licenseand your registration and proof of insurance. now the theory here

is that people who are perfectly sobercan do all three of those things people who have had too much to drinkthey get fixated on one or two of these things they forget to do the third that’s an indication that you’ve beendrinking too much and driving another check mark against you so… in all this time they’re gonna beasking you other questions while you’re trying to find your license while you trying to find your yourinsurance and you’re trying to find your registration so

what you just hand them your licensethey’re gonna say she sort of failed the divided attention test solet’s get her out of the car let’s talk to her more now supreme court casecalled pennsylvania versus mimms that says is legal for the officer toask you to get out of the car, to order you to get out if you don’tyou can be arrested so you can’t just sit there behind your window and say nono no i’m not coming out you can make me trust me yes they can the supreme courtsays they can too whether you believe it or not i’m nothere to tell you whether it’s right or not

i’m just here to tell you what the law says and the law says they can’t get you out of the car so you know the car now they’re gonnaask you hey, walk over here there could be watching you are yousteadying yourself using the car as you walk, are you sort of back and forth, are you wobbling as you walk so these are things you have to becareful about and then they’re gonna ask you some morequestions they’re gonna ask you will you take some tests for me so thati can see whether you’re ok to drive away or not

and of course that is like a lifeline to the stopped driver who thinks wow if i pass these tests oh my gosh i can get out of this thing i can drive home to my bed and not have to worry about this he woreme out i’ll pass the test or well that lifeline is actually tied toan anvil because these are what are called fieldsobriety tests and there is no way to pass them. the first thing they’re going to giveyou is what’s called

horizontal gaze nystagmus test all these tests come from the national highway traffic safety administration the horizontal gaze nystagmus test is when theytake a pen and they hold it in front of your face and theysay follow this came back and forth and they’re going back and forth andwhat they’re looking for is what’s called nystagmus now nystagmus is the jerking of theeyeballs as they follow the pen back and forth on a sober person your i should move very smoothly backand forth on

a person who has had too much to drinktypically you’re going to see through but not change through the bumpbump bump up the eyeballs going back one way and then the other so that’s thefirst test they’re gonna give you and there’s only one person in the worldcan see with your eyes are doing that even if this video tape and that’sgoing to be the officer and the officers can say whatever he’s gonna say some officers a very honest someofficers say well i’m pretty sure this guy’s drunk eventhough his eyes aren’t bumping along exhibiting that nystagmus i must say theyare that we get this drunk off the road

and some officers really don’t care. they just mark you 6 clues for six clues on the horizontal gaze nystagmus testyou feel the matter what the second just they’re going to giveyou as the nine step walk inter they’re gonna tell you gonna walk downthe line nine steps he also turnaround comeback nice to feel the 20keep your hands to your site you gonna do that now anytime that you paul your hands away from your side foryour balance that’s a clue that you are too drunk if you start before they tell you tostart

it’s sort of simon says says sorta thinghere that’s a clue to if there’s even an inch or a averagebetween your heal and your toe as you there’s another clue you’re gonna failthis thing where the other especially if the wind isblowing if cars one by all these sorts things if theroad is uneven you’re going to have trouble with thisand the third is the one leg stand that’s the very simply put your hands byyour side stick your foot up about six inchespoint you toe out ward and look at you toe and count to

30 and all shook up to 30 as well and itwhen the officer will count to 30 if you haven’t which put down fallen over or don’twhatever the new pass that test but most people they’re they’re likegets a little fatigued hanging out there and one way or the other that what’sgonna go down so these are the field sobriety tests in their purpose their purpose is not to see if you’re too drunk to drive andto let you go if you pass them their purpose is to establish probablecause

to arrest you take you back to thestation now most people have heard that if you don’t take the test you loseyour license for a year but that’s not the tests we’re talking about yet you can refuse field sobriety tests and not have to worry about any any penalty whatsoever the test they give you bythe side of the road in ohio nothing that requires you take thosepolitely refuse to take them you don’t have toanswer why politely refuse to take them now

they’re also going to say well if youdon’t take ’em then i’m gonna take you to jail if you are going to take me to jail then take me to jail but you’re not goingto have me giving you probable cause to do soanother thing of course is you don’t wanna talk like me you don’tsound like a lawyer and you don’t wanna go on and on and onlike i’m doing this video the more you talk the more chance that the officer has tosay that you were slurring your words thatyou weren’t making any sense

so and so forth you don’t want to talkjust want to ask am i free to go? now the battle in dui is not fought by the sideof the road so the police officer says turnaroundput your hands behind your back don’t fight with the officer you’re justgetting for the trouble the battle is not by the side of theroad also wait a minute wait a minute i will argue about that now don’t do that the battle is not for bythe side of the road the battle is fought later in court andif you don’t give the police officer

any ammunition he can’t do the shooting of any charges against youwell, he can charge you, but in the end what’s going to happen iseventually your attorney is going to say there was no probable cause to take thisperson back to the station force him to blow into the machine your honorand to do so is in violation of my client’s4th amendment rights therefore all this evidence that wastaken even though it’s on video it all has to besuppressed and if it is suppressed then the

the prosecutor have almost no evidenceand you’re either going to get a deal like a reckless op orphysical control motor vehicle while intoxicated or perhaps even dismissal now i want you to think about something gobefore we close up this video in that is that is possible have a time machine it is possible to goback in time how, you ask? well, think about this when you’re about toget into the car

think about this video think aboutstanding in front of a court having to make these arguments or betteryet having to pay an attorney twenty-five hundred dollars to make these arguments think about what would i trade not be in that situation or what would i trade if i was in thatsituation to go back in time to where i am nowstanding here with the keys maybe i’ll make the decision insteadtake a cab leave the car let’s say gets towed igotta pay 150 bucks

well 150 bucks versus 2500 versus losing yourjob possibly there’s where the time machine is asyou’re standing there go forward in time and think about thatand then come backward in time say put the keys my pocket walking home ride home with somebody else or get cab whatever isn’t worth it

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