I had a funny trial experience a couple of weeks ago, a "Matlock moment"

A couple of weeks ago I defended a client in a DUI jury trial in McPherson County, Kansas. First, let me be clear in stating that the officer involved is highly ethical. As with most law enforcement officers, he never lied to me or the prosecutor. The case came down to perspective, one belonging to a battle-hardened traffic cop, and the other belonging to the rest of us.

There was a videotape record of the incident. There was a little bad driving, but not any more than you or I (sober) would exhibit on a lonely, windy Kansas highway. My client talked fine and walked very well when not doing Field Sobriety Tests, or, as one local DUI defense attorney puts it, "unnatural human acts." The problem was during the FSTs. My client did terrible. She put her foot down on the 1-leg stand at least a dozen times, and instead of turning around completely on the back half of the walk-and-turn, she took a 90-degree turn into the street. She also failed to touch heel-to-toe on the latter test.

The "not guilty" verdit came down to a question. Before I reveal the question it will help to picture the officer first. He's about 6'4", roughly 250 lbs. (with a sizable belly to boot), bald, and very tough looking. So here's the question: "You probably would have done as bad on the field tests had you also been wearing two-inch high heels, wouldn't you?" He responded, "Maybe, but I can't tell you for sure since I've never worn high heels."

To show you how good-spirited the officer was (and still is), here's what he laughingly told me and the prosecutor as we waited for the verdict at the end of the trial. "The first thing I'm doing when I leave Court is buy a pair of two-inch high heels so I can answer that question better the next time it's asked."

Guess what the first question I'll ask him at the next trial will be. As an aside, check out the very funny video clip that follows. A great example of how valuable videotapes can be.