Recent Blog Posts in January 2010

All drivers in the state of Michigan are required to have a valid auto insurance policy. At minimum you must have liability insurance, which includes $20,000 coverage for 1 person, $40,000 for bodily injury, and $10,000 for property damage. 

Not only must you purchase auto insurance, but you must also carry proof of insurance in your vehicle at all times. Any time you are pulled over for a traffic offense you will need to give the officer proof of insurance. Failure to have insurance can result in a $200 fine. Sometimes the police won’t ticket a driver if the driver has an auto insurance policy, but simply doesn’t have proof of insurance with them. Other times, if an officer is in a bad mood or they just don’t like you they’ll give you a ticket for failing to have proof of insurance.

Driving without having a valid insurance policy is an actual criminal offense, which means you will need to contact an experienced Michigan traffic ticket attorney. At the Law Offices of Freedman & Freedman, we can provide you with much needed advice and guidance during this time and can help you challenge your ticket/charges. If you are interested in learning more about the dedicated representation you can receive at Freedman & Freedman, please contact the office today by calling 1 (877) TKT-LAWS!

If you have been charged with a drug offense, you could be eligible for something called alternative sentencing.  Alternative sentencing is commonly applied in drug cases in which the defendant has been charged with a non-violent crime, such as drug possession, and is facing his or her first or second offense. Instead of going to jail, the offender participates in an alternative sentencing program, which might include participation in an alcohol treatment program, attendance at Alcoholics Anonymous meetings, counseling, and/or random drug testing. 

If you have recently been arrested on drug charges and are curious as to whether or not you’re eligible for alternative sentencing, take a moment to consult a knowledgeable Michigan drug crime attorney at the Law Offices of Freedman & Freedman. It’s not every day that you’ll be given the opportunity to avoid going to jail, especially when that is what the criminal statutes call for. Alternative sentencing gives you the chance to address the reasons and behavior that led to your criminal arrest in the first place, and in return you’re essentially given a second chance. 

At the Law Offices of Freedman & Freedman, we’re committed to securing the best possible end result, whether that means going to trial and defending you in court, or accepting a plea deal in which you agree to plead guilty in exchange for being able complete an alternative sentence to avoid jail.

For more information about the drug defense services offered at Freedman & Freedman, contact a skilled Michigan drug crime lawyer today by calling 1 (888) 252-8582.

Can I fight a breath or blood test?

Absolutely. It's always best to question the accuracy of a breath or blood test, seeing as how there are so many factors that could cause the test results to be inaccurate or misleading. Even something as simple as an officer miscalibrating the breathalyzer machine or a lab technician using contaminated testing materials can affect the accuracy of a breath or blood test. An experienced  Michigan DUI defense lawyer at the Law Offices of Freedman & Freedman can talk with you about the possible defense strategies used to fight breath or blood test results.

Are the laws different for commercial drivers then they are for regular drivers?

Yes, in fact the drunk driving laws are more strict for commercial drivers than they are for regular drivers. In accordance to Michigan law, commercial drivers can be arrested and charged with OWI or DUI if their BAC is .04 percent or higher. For regular drivers the BAC limit is .08 percent or higher. And although all drivers are at risk of losing their driving privileges following an OWI/DUI arrest, commercial drivers are also at risk of losing their jobs.

What is the drinking limit for people under the age of 21?

Michigan has very strict laws in place regarding underage drinking and driving.  The state’s zero-tolerance policy says that people under the age of 21 cannot drive with any detectable amount of alcohol in their system. This means that even if an underage driver blows a .01 percent they could still be arrested for drunk driving.

What are common DUI penalties?

There are several penalties associated with OWI/DUI, such as:

• Time in jail or prison
• Driver’s license suspension or revocation
• Fines
• Probation
• Community service
• Installation of an ignition interlock device
• Mandatory alcohol awareness classes

If you have any additional questions regarding an OWI or DUI arrest, charge, or conviction in Oakland or Wayne County, an experienced Michigan DUI attorney at Law Offices of Freedman & Freedman would be happy to answer your questions and discuss your case. To arrange a consultation, please fill out a free case evaluation or contact Freedman & Freedman today by calling (877) 858-5297!

Oakland County Sheriff’s Deputies are searching for two men suspected of robbing the Meijer store located at 1703 Haggerty Road.

Deputies were called around 5 a.m. yesterday morning. They say the two suspects were hiding in a stairway to the employee area where the store’s cash is located. According to police, six employees were walking to the area to get cash for their registers when the men attacked.

One of the suspects allegedly held an employee at gunpoint and demanded that he get him access to the cash. The employee could not comply because he did not possess a key to the office.

All six employees were then forced into a room and told they wouldn’t be hurt if they complied with the robbers’ orders.  

The store manager was eventually grabbed from behind and ordered to open the door to the cash office. She complied and stuffed money into a garbage bag. The suspects then tied her hands together.

Once the suspect took the garbage bag, he and the other suspect left the building.

The entire ordeal lasted about nine minutes, according to sheriff’s deputies.

Both men are wanted for armed robbery.

If you or someone you know has been charged with armed robbery or another violent  theft offense in Wayne or Oakland County, it’s crucial that you consult an experienced Michigan criminal defense lawyer at the Law Offices of Freedman & Freedman right away. Armed robbery is a  felony offense, punishable by years in state prison and heavy fines. To ensure you have the aggressive defense you need against armed robbery charges,  contact Freedman & Freedman today by calling (877) 858-5297 or by filling out a free case evaluation.

There are times when a person may be able to set aside a criminal conviction as if he or she had never been accused of the crime. This process is referred to as an expungement. Not all convictions are eligible for expungement, so it’s best to consult with an attorney before taking any type of legal action. In the state of Michigan, you may be able to have your record expunged if you meet the following criteria:

• You are a first-time offender, and

• You were not convicted of a serious felony, sex crime, or traffic offense, and

• At least five years have passed since you completed a prison sentence

If you meet these requirements, you should contact an experienced Michigan criminal defense attorney at the Law Offices of Freedman & Freedman.  Once a record has been expunged, it will be as if the conviction was erased from your record. Any time you apply for a job, fill out a rental application, or apply for a new credit card or loan, you will no longer have to answer “yes” where it asks “have you ever been convicted of a crime?” It should be mentioned that certain professions, such as a law enforcement or government position, will be able to see that your conviction was set aside through expungement.  And should you be charged with another crime in the future, the conviction can still be used against you in future cases.

Expungements have given many people a second chance in life. If you are interested in learning more about expunging or sealing your criminal record, please contact the Law Offices of Freedman & Freedman today to discuss your case!

Police in Oak Park are looking for a man police say robbed and sexually assaulted a woman in her home last week.  

According to police, the 61-year-old woman returned home around 9 p.m.   The suspect approached her near her car and forced her into her home.  The suspect ended up stealing money and the woman’s 2000 Toyota Avalon.

Police say the man did not use a weapon to force the woman into her home, and that he remained in the home with the woman for approximately thirty minutes.  Police also said they aren’t sure if the man followed the woman home or if he was already waiting outside of her house.

As soon as the man left the woman walked to her front door and called out for help. Police arrived shortly thereafter and the woman was taken to the hospital where she was treated and released.

An Oakland County couple was formally charged with first-degree murder last week for the death of Kmart employee Greg Paul Wainio.

The charges stem from an incident that took place Jan. 14 at the Kmart store located at 3541 Highland Road.  One of the suspects, 39-year-old James Dead Woodworth, stole $400 worth of CDs.  The victim, who worked in loss prevention, followed Woodworth out of the store and struggled with him as he got into a vehicle driven by the second suspect, 20-year-old Samantha Lorraine Lomasney.

According to the Waterford Township Police Department, Lomasney took off at high speeds.  Meanwhile, Woodworth tried to close the door, but Wainio would not let him.  Lomasney then allegedly hit two pillars in an attempt to dislodge Wainio from the car.  In doing so, Wainio ended up getting crushed between the door and the vehicle.  Lomasney then hit a second pillar, which caused Wainio to fall.  He was consequently dragged 221 feet. When he arrived at a local hospital he was pronounced dead.

Several witnesses followed the suspects to their home, where they were eventually arrested.

In addition to the murder charges, both have also been charged with unarmed robbery.  Lomasney faces an additional charge of operating a vehicle with a suspended, revoked, or denied license causing death.

The murder charges alone could result in a life sentence for both Woodworth and Lomasney. The other two charges are punishable by up to 15 years in prison.

Both suspects remain in custody since the judge denied bond. A preliminary examination was scheduled for yesterday.

A Waterford Township teen faces legal action after allegedly violating a personal protection order and assaulting his girlfriend.

The 16-year-old was arrested last Wednesday, but has since been released to his mother.  He is currently under house arrest at his mother’s house, during which he is not allowed to use a phone, go on the Internet, or have friends come over.

The teen was originally arrested in December for assaulting his girlfriend outside of a hockey facility.  According to a report, the teens where sitting inside a vehicle when they began arguing over a text message the boy received.  It is reported that the boy struck the girl on the right side of her face, causing the left side of her forehead to hit the window.  Police say the boy also struck the girl in the upper left arm. All in all, a medical report shows the girl sustained injuries to her right eye, face, lip, and upper arm. 

A protection order was eventually served to the teen, who then violated the order by having a friend send the girl text messages.  Although the texts were not dangerous or threatening—the boy wanted to know if the girl hated him, if they could talk, and if she wanted him to quit the hockey team—a protection order prohibits contact of any kind between the two.

A pre-trial is scheduled for January 28 before Oakland County Circuit Court Family Division Judge Joan Young.

Have you been arrested or charged with a crime in Wayne or Oakland County, Michigan?  If so, it is important to have an idea of what you will face in the weeks and months ahead. 

The criminal process essentially begins the moment you are arrested, although sometimes an arrest does not amount to charges and prosecution.  If you are placed under arrest it is because the police have probable cause to believe that you committed a crime or that you were somehow involved in the commission of a crime.

After you are arrested you will be taken back to the police station and booked on criminal charges.  During the booking process you will be photographed, fingerprinted, searched, and asked a few questions.  It is important to remember that you can refrain from answering any questions until you have spoken with an attorney or your attorney is present.  If you cannot afford to hire an attorney, the state will appoint a public defender to your case.  However, there are benefits to hiring a private attorney.  To learn why, please visit our blog, “Hiring a Criminal Defense Attorney Versus a Public Defender.”

After you have been booked, the district attorney prosecuting the case can either continue with the case or drop the charges.  If the charges are dropped your case ends there.  If the prosecutor files charges, you will be scheduled to appear at an arraignment, which usually occurs within 72 hours of your arrest.  At the arraignment you will enter a plea of guilty, not guilty, or no contest.  If you plead guilty or no contest, the judge will impose a sentence then and there.  If you plead not guilty, the judge will schedule your next court appearance, as your case is now set for trial.  During the arraignment the judge will also set bail, refuse to set bail, or release you on your recognizance.

If you and your attorney do not reach a plea agreement with the prosecuting attorney, your case will move to trial.  A plea agreement is basically an arrangement made by the prosecutor and the defense attorney where the defendant agrees to plead guilty in exchange for a lesser sentence or reduced penalties. During a trial, your case is heard before a judge and jury, and after reviewing evidence and testimony submitted by both the defense and the prosecution, the jury will determine whether you are guilty or not guilty of the charges.  In some cases, you might be able to request a bench trial, which means your case is only heard before a judge.

Should the jury find you not guilty, your case is dismissed and you are free to go about living your life.  If you are found guilty of the charges, the judge will then impose a sentence based on the crime.  You might be able to appeal the conviction as well.

When people are arrested for a crime, often times they are not familiar with their legal rights.  It is important for everyone to have an idea of what their legal and constitutional rights entail.  Although one never anticipates getting arrested, knowing your rights will be beneficial should you get arrested in the future.

The following is a list of some of your legal and constitutional rights:

• You have the right against unlawful searches and seizures.  This means that in order for the police to search you or your property, they must have a valid search warrant or probable cause. 
• You have the right to remain silent.  The gives you the right to refrain from speaking to the police or answering their questions until you have had the chance to speak with an attorney.  This right is especially important to take advantage of, as anything you say can be used against you in court.
• You have the right to an attorney.  All people charged with a crime have the right to an attorney.  If you cannot afford to hire a private criminal defense attorney, the state will appoint a public defender to your case.  You do have the option of representing yourself, however, this is not advisable.
• You have the right to be read your Miranda rights.  Once you are in police custody, you must be read your Miranda rights before you are interrogated.  These rights include:
  • The right to remain silent
  • The right to have an attorney present during questioning
  • The right to have an attorney appointed to you if you are unable to afford one
• You have the right to a speedy trial under the 6^th Amendment.  The 6^th Amendment states that you have the right to have a trial within a certain time frame after being charged with a crime, usually 180 days.  However, you can have this waived if your attorney needs more time to prepare your defense.
• You have several rights under the 5^th Amendment:
  • You have the right to remain silent in a criminal proceeding, if testifying would result in self incrimination (pleading the fifth).
  • You have the right to a grand jury.
  • You have the right not to be tried twice for the same crime (double jeopardy).
  • You have the right to due process

There is no reason why anyone should be charged with hit and run.  That being said, we understand why many people throughout Wayne and Oakland Counties are arrested and charged with this crime every year.  After an accident, especially if there are injuries or deaths, it’s understandable that people might feel scared.  They don’t want to go to jail, so they drive away from the scene, hoping they won’t get caught. Unfortunately, most people are eventually tracked down and arrested.  Other people simply freak out and run away, unable to deal with the magnitude of what has just happened.  Other people run because they can’t afford to pay for the damage to the vehicles or the medical bills of those injured.  In other cases people flee the scene, but then want to come forward and turn themselves in, however, they don’t because they are scared they will face criminal charges for running away. 

The point is, there are a number of reasons why people hit and run, but that’s no excuse. If you were involved in an auto accident, do not flee the scene.  Instead, exchange information with the other parties involved.  If you get arrested, which is likely if you were driving under the influence or you caused a serious or fatal accident, then contact our firm for experienced defense representation. Just because you have been arrested does not necessarily mean you will be convicted. There are a number of effective defense strategies we can use to help you fight your charges and negotiate for reduced charges or penalties. Trust us when we say that running from the scene of an accident only makes your situation worse, as you will not only be charged for drunk driving, vehicular manslaughter, reckless driving, etc., but you will now also face enhanced penalties for the hit & run. 

If you have been charged with hit and run in Oakland County or Wayne County, contact an experienced Michigan criminal defense attorney at the Law Offices of Freedman & Freedman today by calling (877) 858-5297!

At the Law Offices of Freedman & Freedman, we are committed to helping clients throughout Wayne and Oakland Counties appeal their criminal convictions.

While not all people will qualify for an appeal, there are many circumstances that may warrant asking the court to reconsider the verdict.  Basically, if a legal error or mistake was made that was significant enough to impact the outcome of the case, an appeal should be sought.  Some circumstances that may warrant an appeal include:

• Your constitutional rights were violated
• Important evidence was excluded
• Evidence that was deemed inadmissible was allowed to be included
• Lack of sufficient evidence to support a guilty verdict
• New evidence has surfaced that may exonerate you
• The jury was given incorrect instructions by the judge
• Juror misconduct
• Lawyer/attorney malpractice

Experienced Criminal Appeals Attorneys Serving Wayne & Oakland Counties

If you are interested in appealing a criminal conviction, it is important to contact an attorney as soon as possible, as you only have 42 days from the date of judgment to file your appeal.  Furthermore, the attorney you hire must be well-versed in criminal appellate law, as the appeals process can be difficult. At the Law Offices of Freedman & Freedman, you can depend on a skilled Michigan criminal appeals lawyer to thoroughly review your original case files and conduct an investigation in an effort to uncover evidence that convinces the appeals court to hear your case. 

The best way to learn more about filing a criminal appeal is by scheduling a consultation with an experienced Michigan criminal appeals attorney at our office.  To schedule your consultation, please fill out a free case evaluation or contact the office today at (877) 858-5297!

According to an article in The Oakland Press, a Waterford Township woman who has been accused of sexually assaulting the now teenage son she gave up for adoption years ago has failed to appear in court.

Aimee Louise Sword was scheduled to appear at a preliminary examination last week, but never showed up.  Sword’s attorney, Kenneth Burch, told the judge that Sword said she was sick with a fever, but that he did not know where she was or if that was the reason she failed to appear in court.

Judge Phyllis McMillen of the 51^st District Court rescheduled the exam for January 13^th, and also plans to address Sword’s absence at that time.

Sword was arrested and charged with three counts of first-degree criminal sexual misconduct after she tracked down her biological son on the Internet, who is now a teenager, and had sex with him.

Dedicated Defense Against Sex Crime Accusations

At the Law Offices of Freedman & Freedman, we are committed to aggressively defending people throughout Wayne County and Oakland County who have been charged with sex crimes.  If you have been accused of committing a sex crime, it is imperative that you consult an experienced Michigan sex crimes defense attorney at our office who can aggressively defend you against the accusations and help increase your chances of successfully overcoming the charges.  Furthermore, if you are facing additional consequences for failing to appear in court when scheduled, we can defend you to the judge in an effort to help you avoid additional charges or penalties.

To learn more about the dedicated criminal defense services offered at our firm, please fill out a free case evaluation or contact the office today by calling (877) 858-5297!

There are a number of reasons why a person’s driver’s license may be suspended or revoked, such as:

• Operating while intoxicated or driving under the influence
• Having multiple OWI/DUIs on your record
• Accumulating too many points on your driving record
• Committing a traffic violation
• Failing to comply with a court order
• Failing to respond to a traffic ticket or citation
• Failing to pay child support
• Committing multiple parking violations
• Possession of alcohol by a minor
• A drug crime conviction
• Driving without insurance and causing a car accident

If your license has been suspended for any of these reasons, and you are interested in getting your driver’s license reinstated, it is best to contact the office today to schedule a consultation with an experienced Michigan traffic ticket attorney.  During the consultation, a member of our staff will review the circumstances of your suspension in order to determine what steps will need to be taken to get your license reinstated.  Your ability to get your license reinstated will depend on why it was suspended in the first place.  For example, if your license was suspended for drunk driving, it will be more difficult to get your driving privileges reinstated than if your license was suspended for a non-driving offense, such as falling behind on child support, a drug crimes conviction, or driving without insurance.

At the Law Offices of Freedman & Freedman, we understand how inconvenient it is to lose the ability to drive, which is just one of the many reasons why we are committed to working diligently on your behalf to get your license reinstated as quickly as possible.

To learn more about our license suspension services, please contact the Law Offices of Freedman & Freedman today at 1 (877) 858-5297.

Drug crimes do not just refer to crimes involving illegal drugs, narcotics, and controlled substances.  An individual can face criminal charges for committing an unlawful act involving a prescription or over-the-counter drug as well.  

At the Law Offices of Freedman & Freedman, we have experience defending clients against a variety of prescription drug crimes, including:

• Prescription fraud 
  • Using another person’s identity to obtain a prescription
  • Trying to obtain the same prescription from multiple pharmacies
  • Forging a prescription in order to obtain a prescription drug
• Selling or distributing prescription drugs
• Trafficking prescription drugs
• Transporting prescription drugs for unlawful purposes
• Manufacturing an over-the-counter drug into an illegal drug
• Unlawful possession of an illegal drug

Police in Melvindale are cracking down on sex offenders to ensure they are in compliance with sex offender registration laws.  Any sex offenders found not in compliance with the law will face additional charges, as police are operating under a zero-tolerance policy.

All sex offenders are required to register their address with local law enforcement agents, and must notify law enforcement when they move or change residences.  There are 24 registered sex offenders in the city of Melvindale, and any offender who has moved without notifying the police, or who has failed to register altogether will face felony charges. The police will also be checking to ensure the offenders are in compliance with any other orders the judge issued, such as not living within a certain distance of school, not coming into contact with children, etc.

As a result of the checks, police discovered that three of the city’s sex offenders have moved without notifying the police. Felony arrest warrants have been issued.

There are times when hiring a skilled traffic ticket defense lawyer is absolutely needed.  One of those times is when a person has been arrested or charged with a felony traffic violation.

When people think of a traffic offense, they often think of speeding tickets, running a red light, or failing to stop at a sign.  It seems as if people forget there are traffic offenses that warrant felony charges. These types of offenses include:

• Hit & Run
• Having multiple DUI/OWI convictions or charges on your record
• Causing a serious or fatal DUI accident

All felony charges require the attention and dedication of an experienced Michigan criminal defense attorney.  If you were arrested on any of the aforementioned charges in Wayne or Oakland County, you can depend on a skilled Michigan traffic ticket defense lawyer at the Law Offices of Freedman & Freedman to protect your rights and help you fight your charges.  A felony traffic violation will result in a number of very serious penalties upon conviction, including imprisonment, large fines, probation or parole, suspension or revocation of your driver’s license, and more.  At the Law Offices of Freedman & Freedman, we are committed to working hard on our clients’ behalf in an effort to get the charges reduced to a lesser offense or thrown out completely.  As always, our number one goal is to help our clients facing felony traffic charges resolve their case in the best possible outcome.

To learn more about the traffic ticket defense services offered at the firm, please feel free to contact an experienced Michigan traffic ticket attorney at the Law Offices of Freedman & Freedman today, or click here to fill out a free case evaluation.

Some counties in Michigan are trying to ban entrepreneurs from establishing medical marijuana dispensaries, despite a law that was recently passed permitting the use and cultivation of marijuana for medicinal purposes.  

The Michigan Medical Marihuana Act legalizes the cultivation and possession of marijuana for the purpose of treating a debilitating medical condition, such as AIDS, glaucoma, cancer, hepatitis C, HIV, or any other condition that causes chronic pain or nausea. To avoid criminal charges, patients must have been diagnosed with a debilitating condition by a licensed physician, and all patients and caregivers must possess a registry identification card issued by the Michigan Department of Community Health. Under the act, a patient can legally possess up to 2.5 ounces of smokeable pot, and caregivers can maintain up to 12 marijuana plants per patient. 

Each of the cities within the counties are approaching the issue differently, with some cities flat out banning the establishment of new medical marijuana dispensaries, while others have placed a moratorium on marijuana businesses.

When the police suspect a driver of operating while intoxicated (OWI), they will ask the driver to submit to a breath or blood test to determine their blood alcohol concentration.  If the driver’s BAC is at or above .08%, the police have justifiable grounds to place the driver under arrest on suspicion of drunk driving.

Many people arrested for OWI or DUI don’t realize they can contest the results of a breath or blood test.  If you have been arrested and charged with DUI or OWI, you absolutely should fight the results your test with the help of an experienced Michigan DUI lawyer at the Law Offices of Freedman & Freedman!  There are actually a number of factors that could cause a false, misleading, or inaccurate reading of your blood alcohol concentration.  For example, if the officer failed to properly calibrate the breathalyzer machine, it could give an inaccurate reading.  Radio interference is another common cause of inaccurate readings.  If the equipment used during a blood test was contaminated, it will also affect the accuracy of the reading.  Not to mention, simple human error when processing the lab work is another reason why a blood test might produce a false reading.

It is important for anyone arrested on drug charges to understand the difference between possession and possession with intent. 

Possession is the crime of having any amount of an illegal drug, narcotic, or controlled substance in your possession.  Possession with intent is the crime of not only having an illegal drug in your possession, but also intending to do something with that drug, such as sell it, distribute it, manufacture it, etc.

Drug possession is a serious offense, and can result in numerous penalties upon conviction, including incarceration, probation, large fines, mandatory drug treatment, and more.  Drug possession is a felony offense, unless you were caught with a small amount of marijuana in your possession for personal use, in which case you will be charged with a misdemeanor.  However, possession of cocaine, heroin, methamphetamines, Ecstasy, LSD, or any other illegal drug or narcotic will be charged as a felony, regardless of the quantity.

Possession with intent is more serious offense.  In the eyes of the police, prosecution, and judge, not only did you break the law by possessing an illegal drug, but you are also perpetuating illegal drug use by selling, manufacturing, cultivating, or delivering illegal drugs.  This warrants stricter penalties, including longer prison sentences, steeper fines, extended probation, and more.

Field sobriety tests are administered on the side of the road when a police officer suspects a person of driving under the influence.  These tests were designed to challenge a driver’s physical coordination, alertness, and his or her ability to follow instructions.  It is believed that if a driver performs poorly or fails a field sobriety test, then he or she is too intoxicated to be operating a vehicle, thus giving the officer justifiable cause to ask the driver to submit to a breath or blood test  or even place the driver under arrest for DUI/OWI right then and there.

There are three standardized field sobriety tests that are mainly used by Wayne and Oakland County police officers:

Walk and Turn Test:  This type of test is performed by the driver taking nine heel-to-toe steps in a straight line, turning, and repeating the same action in the opposite direction.  During the test, the police officer is looking to see if the driver followed instructions and is able to walk in a straight line without wobbling or falling over.

One-Leg Stand Test:  During this test, the driver is instructed to stand with his or her feet together, arms at the side.  The driver is then supposed to raise one foot six inches off the ground while counting out loud simultaneously.  If the driver hops, loses balances, puts his or her foot down, or fails to follow the officer’s instructions, it can be taken as a sign of intoxication.

The Horizontal Gaze Nystagmus Test:  During this test the officer will hold a pen or small object several inches from the driver’s face. The driver is supposed to follow the object’s line of motion with his or her eyes.  It is believed that the eye twitches at a 45 degree angle when a person has been drinking.  However, nystagmus is a real medical condition that can affect a person even when they haven’t been drinking.