I had to deal with a rather unreasonable prosecutor today. Her position was that my client did so well when submitting to the police officer's standardized field sobriety tests was because of his profession. Frankly, I do not care if someone is an accountant, gymnast, or zoo keeper the reason for the tests is to determine if someone is intoxicated. If the tests do not reveal a clue that person should not be arrested even if they admit to consuming a beer or two. A person that is athletic and does well on the tests displays that they have not lost the normal use of their physical faculties. How else is someone suppose to perform on the tests if they are not intoxicated. This type of behavior by the police will only encourage the citizens of Houston to refrain from submitting to the DWI tests. I have always said that if a DWI task force officer's is beyond militant. They lack any compassion for a person that admits to drinking after they are stopped for a traffic offense.
Of course, I am recommending to my client that she not even consider the DIVERT program that will be offered to her.