Observations of Driver -Physical Appearance

Clothing and Grooming

Is there an innocent explanation for the Marysville DUI defendant’s disheveled clothing?

Why had the Marysville DUI defendant not shaved or combed his hair?

Are there any other witnesses to the Marysville DUI defendant’s appearance within an hour of the arrest?

Can the Marysville DUI officer’s conclusions be used to discredit other testimony?

Eyes

Does the Marysville DUI defendant suffer from an eye disorder?

Is the normal appearance of Marysville DUI defendant’s eyes red, glassy, watery, or bloodshot?

Was the Marysville DUI defendant suffering from fatigue, lack of sleep, or eye strain?

Was there significant air pollution on the day of the arrest?

If a pupil reaction test was given:

-Was the Marysville DUI officer qualified to administer the test and render medical conclusions?

-How were size of pupils and speed of their reaction measured?

-Is the Marysville DUI officer familiar with nonalcoholic causes of slow pupil reaction?

Flushed Face

Is the Marysville DUI defendant’s facial complexion normally flushed or red?

Was the Marysville DUI defendant nervous, angry, or otherwise emotionally upset at the time of the Marysville DUI officer’s observations?

Are there causes for a flushed appearance other than alcohol?

Breath Odor

As alcohol has little or no odor, was the Marysville DUI officer smelling an unusually strong beverage flavoring such as that of beer or wine?

Does the Marysville DUI officer contend that he can tell what the defendant was drinking, when, and how much?

Does or did the Marysville DUI defendant simply have bad breath or acetone (caused by diabetes)?

Was the Marysville DUI defendant belching prior to the officer smelling his breath?

Did the presence of an odor of alcohol have an instrumental effect in the forming of the Marysville DUI officer’s opinion of intoxication?

Was the Marysville DUI defendant’s last drink within one hour of driving?

Speech

Was the Marysville DUI officer familiar with the defendant’s normal speech prior to the arrest?

Does the Marysville DUI defendant normally speak in a thick, slurred, stuttering, and/or confused manner?

Did nervousness, anger, or embarrassment affect the Marysville DUI defendant’s speech?

Are there any other witnesses to the Marysville DUI defendant’s speech characteristics within an hour of the arrest?

Did the Marysville DUI police report permit any alternatives to slurred speech, such as “good,” “fair,” “repetitive,” and “fast?”

Was the Marysville DUI officer able to understand the defendant’s answers to the numerous questions?

Does the Marysville DUI defendant have an accent?

Is English the Marysville DUI  defendant’s native language?

Do any audio or video tapes exist of the Marysville DUI ?

For information on your Snohomish County DUI or Marysville DUI  please contact our Marysville DUI attorneys at 425-493-1115, email us at david@davidjollylaw.com,  or check out our main website at http://www.washdui.com, www.everett-dui.co, www.marysville-dui.com or www.mukilteodui.com