Category Archives: DUI 360

037 – DUI 360–#9–PBTs and Aussie Fraud



Are portable breath tests (PBTs) reliable? When are they used? Can you just say “no thank you” to one?

What if the people who were wearing guns and badges had the ability to fake the test results that could help land you in jail? Sound unbelievable? That’s exactly what was discovered in Australia recently, where law enforcement officers faked over 258,000 breath tests in five years.

In this intro episode on breath tests, Steve, Jeff and Jared also discuss crazy people in New Jersey, constitutional rights, whether eating late night at Taco Bell constitutes probable cause, making the cover of Busted magazine, why Australia isn’t so awesome, the corrupting nature of power, and how we love the checks and balances in the American system.

Yet another reason we had to break up with England…..Happy Birthday, America!

And if your liberty is ever at stake, you can call us: 614-224-6142  – www.ohiolegaldefense.com


035 – DUI 360–#8–Hop Scotch on One Leg



Hey Kids! More fun with SFSTs! Are you down with the OLS? Listen as ‘Officer Jeff’ tests Jared by the book – as in, the actual manual that law enforcement uses when they pull someone over in a traffic stop. Standardized Field Sobriety Tests, or SFSTs, can be challenging for most of us on a good day.  We’ve previously talked Horizontal Gaze Nystagmus (the pen test) and Walking the Line. In this episode we drop some knowledge about the OLS, or the One Leg Stand – the third horse of the SFST apocalypse.

Steve, Jeff and Jared also talk Dirtbag Mondays, flossing, Steve Martin and “The Man with Two Brains”, riding on your rims, swaying, raising arms for balance, the “acceleration clause” and other cool dance moves, and the Smartie defense. And we ask the question, is the goal to be accurate, or to just “secure a conviction?”   You might be surprised by what the NHTSA manual actually says..

Have your own experience with a Field Sobriety Test? Tell us about it – we love stories! Have questions or comments? Send them to podcast@ohiolegaldefense.com. We will keep your identity private unless you tell us otherwise, but would love to share your stories – and answer your questions – in upcoming episodes!

www.ohiolegaldefense.com/podcast

podcast@ohiolegaldefense.com


029 – DUI 360–#7–Brother, What’s Your Inseam (And What Does That Have To Do With DUI?)?



What does your age, your weight, your back issues and high heels all have in common?  According to the NHTSA manual, they are all things that can impair your ability to correctly perform Field Sobriety Tests – yet most people don’t know this, many officers tend to not clarify it – and what you don’t know can hurt you. Since Steve and Jeff are looking out for you, they read from the huge study about drunk people – and non-drunk people – that the NHTSA manual utilizes and tell you what you need to know. They even tell you how to easily get your own copy of it. You can start your own study group! Or just keep listening. Yeah, that’s probably easier.

Steve and Jeff – otherwise known as The Palmer and The Beard – share personal stories as well as talk about the shopping hot spot that is T.J. Maxx, sweatpants that look like jeans, beard oil, The River in Portsmouth, nature vs. nurture, secret adoptions, Jean Scene, being embarrassed by the hot chick who’s trying to sell you jeans, and protecting your freedom by avoiding one-legged stands.


027 – DUI 360 #6 – Checkpoint Chickie



This weekend is not only the unofficial start of summer, it also marks the time when DUI checkpoint season is in full swing –  and the whole gang is here to drop some knowledge on you!
If you’ve missed out on the DUI 360 series so far, this is a great place to start: Steve, Jeff, Bill and Jared recap some of the more important points – and share valuable new information about the ins and outs of random DUI checkpoints that you will want to know – not only for holiday weekends –  but all year round.
In addition to covering interesting constitutional issues –  including the Bill of Rights and limitations on search and seizure –  the guys cover a lot of other ground, from J.T. Barrett, Muirfield and the Memorial Tournament, day-drinking scenarios, beer on ice, drinking and driving with a golf cart, whether walking the line is easier if you’re left-handed, the two things a DUI checkpoint must do to be constitutional, Uber, Cheech and Chong, Fat Daddy Caddies, the roach motel, Buford Pusser, Barney Fife, The Andy Griffith Show – to how to not let the Checkpoint Chickie Trail of Tears ruin your weekend BBQ plans.
Have a safe Memorial Day Weekend everyone!
Yavitch & Palmer
www.ohiolegaldefense.com
p:614-224-6142

024 – DUI 360 – #5b – Because You’re Mine, I Walk The Line



And a-one, and a-two, and a-three, and a-four…let’s go nail the Walk and Turn!  You’re pretty coordinated – you’ve got this! Or maybe not.

You’ve seen it on TV many times. An officer asks you to walk a line for him. You know what to do, right? You walk a line heel to toe the entire way, you pivot – and stick the landing like Mary Lou Retton – boom! Then the officer says you are under arrest for suspicion of DUI/OVI.

What went wrong?  Officers are looking for completely different things than what you think. Steve and Jeff give you the actual instructions that an officer would give you – and what he or she is actually grading you on – and it will surprise you.

Besides taking us to FST (Field Sobriety Test) school, Steve and Jeff also talk sugarplums, David Copperfield, banjo music, Johnny Cash, refusing to walk the line, tricks to winning carnival games, the legalized scam that is The Crane Game, Michael Jordan, Tiger Woods and Jack Nicklaus, Happy Gilmore, breaking your stance, going to your happy place, and how FSTs are like The Crane Game: you might normally have the skill to do it, but if you don’t know the secret, you’re not going to win it.


022 – DUI 360–#5a–Because You’re Mine, I Walk The Line



You can just say no to alcohol and drugs. You can also just say no to Field Sobriety Tests. In this information-packed DUI 360 episode, Steve, Jeff and Bill talk the FST Trilogy, including Horizontal Gaze Nystagmus and the whole Nystagmus family, procedures for the Walk and Turn, why railroad tracks and the movie “Stand By Me” can be a crucial part of a DUI defense, the Bill Meeks cross examination, Charles Manson prosecutor Vincent Bugliosi’s words of wisdom, why your attorney might not want to ask open-ended questions at trial, esoteric nonsense, Jedi mind tricks, and the NHTSA manual.

“You can’t in my opinion represent someone on a drunk driving unless you know this thing inside and out – because this is what the officers are relying on to charge your client….it’s like..the evidence rules. ..You’re not going to know the rules unless you sit down and read them.” – Jeff Linn, humble and seriously effective DUI attorney who has done his homework – and knows his stuff backward and forward, inside and out (and his clients love him for it).

BONUS: Cross-examination fun with Steve and Bill!

 

 


020 – DUI 360 #4–The BIGGER Question



In previous episodes of the DUI 360 series, Steve and Jeff answered the very important question – to blow, or not to blow. So what could be an even bigger question when someone is pulled over and asked, “have you been drinking tonight?”

To FST, or not to FST. The FST, which stands for Field Sobriety Test, is the stuff from which funny outtakes of “Cops” episodes are made.

But you only had a couple of drinks, and the officer is just asking for a quick test and then you can be on your way. Shouldn’t be an issue, right? And at least it’s not a breathalyzer. Besides, what choice do you have – you have to take it, right?

Steve and Jeff set the record straight – off the record, but on the air – and what they have to say will surprise you.

 


013 – DUI 360 #3 – First, Kill All The Lawyers (Unless You Have A DUI)



What do William Shakespeare and drunk driving law have in common?

Steve and Jeff talk occupational driving privileges, LDPs, Ohio’s 3-day OVI intervention vacation or the klink, bedbugs and the law, probation and the county variance, it’s all about the judges, arraignments, fines and court costs, time spent and mandatory minimums.


012 – DUI 360 #2b — The Big Question –To Blow Or Not To Blow–License Suspensions And Other Consequences



In part one of this DUI 360 episode we discussed why if you don’t know French, and you’re given the choice to not take the French test, then maybe don’t take that test. As in: no way, André..

In part two, Steve and Jeff reveal more about the two ways you can be charged with DUI (OVI), the two types of license suspensions, double agents for the Bureau of Motor Vehicles, knuckling up and ignoring the 90 day shiny spoon and waiting for the minnow, and winner, winner chicken dinner: here’s your administrative license suspension.

 

 


009 – DUI 360 #1 – You Can Think About It, But Don’t Do It



Steve and Jeff explore the wisdom of Buford T. Justice from Smokey & the Bandit and talk about the quickest, cheapest and easiest way to avoid a DUI, why your frontal cortex and Beerfest do not make good drinking buddies, how to ruin your day “drinking responsibly”,  how a misdemeanor can quickly become a felony, Field Sobriety Tests or “I know a drunk dude when I see one”,  and how someone under the legal limit can still be prosecuted for drinking and driving.