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The second test the officer will administer is the walk-and-turn test. The test conditions required are:
The subject is asked if they have a physical problems. Then the subject is instructed to stand with their left foot on the line, and to place their right foot directly in front of it, heel to toe. The suspect is instructed to hold that position while the officer gives instructions. Behavior during this period can be used to show impairment. One of the most common mistakes is beginning the test before instructed to do so. Like raising your hand in class before the teacher asks the question, this mistake is a clue of impairment. Before the test the officer will give the following instructions:
There are eight standardized clues for the walk-and -turn test. The include the following:
1. Inability to maintain the instructional heel-to-toe stance
2. Starting before the officer instructs to begin
3. Missing heal to toe by more than one half inch on any step
4. Stepping off the line
5. Raising either arm six or more inches from the side
6. Counting the wrong number of steps
7. Stopping while walking
8. Turning in a manner other than instructed
Judges are reasonable and are supposed to be objective. The walk-and-turn test is difficult to preform error free, while sober, under perfect conditions. Often this test is administered on busy highways, at night, with traffic flying by, and the suspect my be nervous and experiencing extreme anxiety. Some traffic stops are videoed. If a video tape exists your Maryland DWI attorney must obtain it through discovery. Often these videos show that the suspect did not perform the test as poorly as the police officer indicates, sometimes they don't. Any factor that compromises the individual's ability to perform the test, such as age, health, footwear, etc., should be conveyed to the judge by an experienced Maryland DUI lawyer.
We serve the following counties:
Virginia - Loudoun County, Arlington County, Fairfax County, Prince William County, Fauquier County, Fredericksburg County, Clark County and Warren County
Maryland - Anne Arundel County, Howard County, Baltimore County, Harford County, Baltimore City, Prince George's County, Frederick County, and Montgomery County