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Jay Ruane
  @jayruane
Soup Course
Green   Rocky
Serene          Cool
Loud  Waterfall
               Humid
   Hidden Romantic
 Peaceful     Tall
Why Use It?
HELPS EXPLAIN IT TO CLIENT IN OFFICE
HELPS VISUALIZE MISSING PIECES FOR DEFENSE FOR YOU
HELPS IDENTIFY TRIAL DEFENSE THEMES
EVERY JUROR CAN REMEMBER IT
BLANK SECTIONS CREATE MORE DOUBT
Entree
Operation
Observations
Field sobriety
Breath/ Blood test
Minimizing / neutralizing operation
through the Stopping Sequence
Minimizing / neutralizing observations
through the ambiguity / exaggeration of
the ubiquitous observations
Neutralize / blow away field tests
through the amount of “normal”
coordination present
Neutralize / confuse blood or breath
tests through the amount of “normal”
coordination present
•   Condition of the roadway and the breakdown lane
• Walking up to cruiser

• Not slumped

• Not leaning

• Head straight up

• Brake lights off (vehicle in park)
Initial Contact
• No hand on car… not unsteady

• The most natural thing we do is protect ourselves

• If the client was unsteady to any obvious degree they would have used
  either the vehicle or the officer for support
•   As you are standing at the back of the car, just prior to the start of the
    FST’s, did you believe Mr. Jones was under the influence?

•   If the answer is no, you have limited the case to an evaluation of the
    field sobriety tests.
•   Officer, you would agree with me that standing on one leg and walking heel is
    not normal behavior?

•   You don’t see people walking heel to toe between the Gap and the Limited at
    the mall?

•   You haven’t seen anyone standing on one leg waiting for a bus, have you?

•   Did you give him a practice run?
Odor Of Alcohol
Officer Jones Supplemental Report




                   Officer Jones
dessert




Dessert
FOCUSED ATTENTION
SUSTAINED ATTENTION
83%
  logging
 more than
10x per day
Serial
Position
 Effect
Taking
A Break
“Move Along,
 Counselor!”
storyboard your breaks
The Nuts
Jay Ruane
  @jayruane
Connecticut Trial Lawyer Association  2013 Criminal Litigation

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Connecticut Trial Lawyer Association 2013 Criminal Litigation

  • 1. Jay Ruane @jayruane
  • 3. Green Rocky Serene Cool Loud Waterfall Humid Hidden Romantic Peaceful Tall
  • 4.
  • 5.
  • 6.
  • 7.
  • 8.
  • 9.
  • 10.
  • 11.
  • 12.
  • 13.
  • 14.
  • 15. Why Use It? HELPS EXPLAIN IT TO CLIENT IN OFFICE HELPS VISUALIZE MISSING PIECES FOR DEFENSE FOR YOU HELPS IDENTIFY TRIAL DEFENSE THEMES EVERY JUROR CAN REMEMBER IT BLANK SECTIONS CREATE MORE DOUBT
  • 18. Minimizing / neutralizing operation through the Stopping Sequence Minimizing / neutralizing observations through the ambiguity / exaggeration of the ubiquitous observations Neutralize / blow away field tests through the amount of “normal” coordination present Neutralize / confuse blood or breath tests through the amount of “normal” coordination present
  • 19. Condition of the roadway and the breakdown lane
  • 20.
  • 21.
  • 22. • Walking up to cruiser • Not slumped • Not leaning • Head straight up • Brake lights off (vehicle in park)
  • 24.
  • 25.
  • 26.
  • 27.
  • 28.
  • 29.
  • 30.
  • 31.
  • 32. • No hand on car… not unsteady • The most natural thing we do is protect ourselves • If the client was unsteady to any obvious degree they would have used either the vehicle or the officer for support
  • 33. As you are standing at the back of the car, just prior to the start of the FST’s, did you believe Mr. Jones was under the influence? • If the answer is no, you have limited the case to an evaluation of the field sobriety tests.
  • 34. Officer, you would agree with me that standing on one leg and walking heel is not normal behavior? • You don’t see people walking heel to toe between the Gap and the Limited at the mall? • You haven’t seen anyone standing on one leg waiting for a bus, have you? • Did you give him a practice run?
  • 35.
  • 36.
  • 37.
  • 38.
  • 39.
  • 40.
  • 41.
  • 43. Officer Jones Supplemental Report Officer Jones
  • 44.
  • 46.
  • 49.
  • 50.
  • 51.
  • 52.
  • 53. 83% logging more than 10x per day
  • 55.
  • 57.
  • 58.
  • 62.
  • 63. Jay Ruane @jayruane