Court Testimony Flashcards

What legal standard governs the admissibility of SFST evidence in most US jurisdictions?

Answer: Either Daubert or Frye depending on the jurisdiction, with both evaluating scientific reliability

Some states follow Daubert (federal courts and many states) while others use Frye; both require establishing scientific reliability before admitting SFST evidence.

During cross-examination, defense asks whether divided-attention tasks differ from field sobriety tests. The officer should explain that:

Answer: SFSTs are specifically designed as divided-attention tests that reveal impairment by requiring simultaneous mental and physical tasks

The divided-attention design of SFSTs replicates the cognitive demands of driving, making performance on them relevant to driving impairment.

What is the role of the officer's personal observation notes in supporting SFST court testimony?

Answer: Notes corroborate testimony by documenting contemporaneous observations before memory fades

Contemporaneous field notes created at or near the time of the arrest are valuable for refreshing recollection and corroborating courtroom testimony.

An officer is qualifying to testify about SFSTs. Defense challenges their training as insufficient. The officer should be prepared to show:

Answer: Completion of a NHTSA-approved SFST training course and any advanced certifications

NHTSA-standardized training and certification form the foundation of an officer's qualification to administer and testify about SFSTs.

If a defense attorney argues that a subject's poor Walk-and-Turn performance was due to nervousness, how should the officer respond?

Answer: Acknowledge that nervousness exists but note that SFST clues are involuntary physical indicators unlikely to be fully explained by nervousness alone

Nervousness may account for some performance variance but cannot replicate the specific involuntary clues — such as HGN — that are neurologically tied to CNS depressants.

What does 'qualifying the witness' mean at the start of SFST-related testimony?

Answer: The process by which the court determines the officer has sufficient training and experience to offer opinion testimony

Qualifying a witness establishes their expertise or experience sufficient to give opinion testimony that the court will treat as credible.

During re-cross examination, defense suggests the officer rehearsed testimony with the prosecutor. The officer should:

Answer: Acknowledge that meeting with the prosecutor to review facts is standard preparation and is not the same as coaching

Pre-trial preparation meetings between officers and prosecutors are routine and proper; concealing them would be dishonest and potentially harmful.