Watch a Cop Evaporate in Court
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- čas přidán 29. 03. 2022
- DUI defense lawyer Larry Forman cross examines the police officer in a DUI prosecution case. His client had a near miss with another vehicle that ran him off the road and into someone's home. He was administered field sobriety tests and questioned by Officer Fritz who was the lead officer on scene. He was arrested for operating a motor vehicle under the influence a few minutes later.
At the station, he blew a 0.099 (over the legal limit of 0.08) on the breathalyzer machine.
Watch what happened.
The Prosecutor's Direct Examination: 0:43
The DUI Guy's Cross Examination: 43:47
The Prosecutor's Re-Direct Examination: 1:13:10
The DUI Guy's Re-Cross Examination: 1:14:11
VERDICT: 1:14:48
March 24, 2022
Jefferson, KY
Judge: Honorable David Bowles, Jefferson County District Court Division 103
Defense attorney: Larry Forman, a.k.a. the DUI Guy
Prosecutor: Jim Higgins, Assistant Jefferson County Attorney
Cop: Officer Jeremiah Fritz, Shively Division of the Louisville Metro Police Department
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Subscribed to you a while back. I appreciate these videos. You help expose law enforcement. Keep up the good work sir 🙏🏿
"Please correct me if I'm wrong".......great phrasing for a reluctant witness to agree with your facts
Or saying correct after every question... Lol ... That cop was just saying correct right along with him lol
You know what beats an ignorant cop? A good lawyer.
Lol. F a c t 😅
I’m a professional latin/ballroom dancer with 30+ years experience, so you can imagine I have a firm understanding of balance and posture. I also made it through 3 years of med school, so I understand physiology and how the body works. In all my years of teaching, NO HUMAN HAS EVER been able to comfortably stand on their front foot (while one foot is in front of the other) with any sort of poise or substantial balance whilst both feet are pointed straight ahead. In rare cases, those with natural turnout (feet turned out like a duck’s) have a little more poise and balance, but they usually have some sort of physical training in their background. This test is complete BS. They’re setting these people up to fail.
Yup. That's the idea. We're gonna put you through a series of tests that are designed to make you squirm and feel uncomfortable, and then we're gonna charge you thousands for it.
Thank you for sharing your background, it’s super cool! And your personal experience with this type of stuff is very appreciated, you have the best point of view for it and this knowledge is so important. Hopefully I’ll never need to use it 😂
@@bearnuggs hopefully I don’t either 😂 have a great holiday ❤️🎄✨
Yeah I want to know what the science is behind field sobriety tests. Just because they teach it to cops in the academy doesn't mean it's valid.
That is why I would never do the outside test …. I will do the breathalyzer but not that, it’s made to fail people ! U don’t have to this test
After watching many of Larry's excellent cross examinations a pattern emerges. The DA and the cop, and even the Judge are not used to facing competent, impassioned advocacy for the accused. Unfortunately, such advocacy is rare and thus expensive. When Larry holds the police and the justice system to the same exacting standards that we as citizens are held to their case often falls apart. Fair is fair.
Well said and so true. We citizens need to start holding these jackboots with God complex to the same standards as well. They work for US. They get their LIMITED authority from US. They are not our bosses. In fact, it's the other way around.
This judge seemed genuinely intrigued by defense's line of questioning. He didn't get snarky like I've seen some of the other judges do.
@@atlasbonds6095 Nothing makes me sadder than seeing the cases where the Judges treat the defense attorney like some inconvenience, as if their BFF prosecutor would NEVER make a mistake.
I recently watched the one where Larry got the prosecution's expert witness to basically admit the blood test equipment was tainted and then the judge agreed with the Prosecutor that "it's a question for the jury". That one got me really sad. That judge was literally just a yes-woman for the pros.
I love the defendant on the scene to the cop issuing the sobriety tests: "you showed me and YOU couldn't even do it right!"
This is exactly what happened to me…the state trooper literally stumbled over when giving me directions. My response of “you just failed your own test, are you drunk?!” was answered with a slight giggle and “well, like I said, it’s not a physical fitness test.”
😑😑
@@stephanieavant47what happened? When I got a dui in 1982 I had no business driving. I told the cops that I could walk the line if I could just get my boots off...lol. my passenger told me later that the cops were busting up at my attempt to remove them..This was a time that dui was just a slap on the hands. My 21st birthday.
Yep!! Very good point!!
When the officer was giving the test...I though the officer has to ask the person if he has any problems or disability in performing these tests. The officer did not ask him this question.
I love the way you did this trial, Larry. Again, you used restraint in so many arguments and without yelling and screaming you use your questions to get your results. That is the primary attribute that sets you apart from today's courtroom jesters.
Top Lawyer Award🏆
This lawyer deserves every dollar he makes 🖖
I love the way you eviscerated the Shively cop. I was a Deputy Sheriff for several years. I can tell when a cop is lying his ass off.
Again, the Commonwealth’s Attorney got his ass handed to him.
Are you serious? Very hard to let the bad habits go. As soon as their lips move , it's all lies and everyone knows what even cops and ex- cops.
The judge smirked about the imaginary line.
This is why you drive with a dash cam.
You absolutely crushed him about the PBT. I don’t knowing you planned all along to go back and “protect the record”, but it was brilliant. It was great that you made him think he was going to get away with his “I meant to say not that model” bullshit for a split second before explicitly clarifying, in open court, that a 5 year veteran of this police force had not operated a PBT in the actual field. He was demolished. What a perfect client too, he seemed sober as a judge’s clerk in that video (come on, we all know “sober as a judge” is a bit of an exaggeration).
Love this!
Good job picking him apart.
The way the cop issued the FST, you'd think the driver has absolutely no say in the matter... when in actual fact, he does!
How are people going to pass a test they never had a chance to study for I'd remain silent and not take the test
if this is a typical driver/cop interaction for DUI, how many tens of thousands are charged (and convicted) when they are 100% innocent?
And that DUI will absolutely destroy your life, right to work, lose your license, $$$$ it will cost you..but America's Gestapo doesn't care if the end your life as you once knew it.
I'd bet 50% or more of DUI cases are against innocent people.
I will give props to the cop for making sure the guy was okay and not needing an ambulance or anything like that first off. And asking more than once.
The cop doesn't really care if the defendant is injured or experiencing a medical emergency. Cops feign such concern in order to justify engaging a person who has otherwise done nothing wrong. You'll notice that when a cop is "worried about a person's well-being," the cop never summons medical staff, he just arrests the person. This "concern" is just another form of the deception that cops constantly engage in. The cop is concerned about making an arrest and padding his stats.
For my fellow heathens... cross starts about 43:00. Not exact but you're welcome anyway
Thanks..lol. I like to cut to the chase also.
I didn’t need it but thank you for your service
Stand on one foot for 30 seconds my eye it was 43 seconds. This cop is a doush bag to the highest level. This attorney is the best money can buy.
Excellent format! I love being able to interact you (live stream) as you break down your *own* work... a truly unique and engaging experience. More pleez 👍👍👍
I agree 100%. I binge watch this channel.
I think I would have asked the officer about inspecting the bottle. He questioned the defendant about the bottle and testified to it, yet he never actually inspected the bottle.
I want it all, openings, closing statements, everything!
Imagine if only 75% of aircraft managed to fly to and land safely at its destination. Or that only 75% of the time you received your wage packet it was accurate. Or that your employer underpaid you 25% of the time they paid you. How long do you think that would be an acceptable standard and be allowed to continue?
Yeah. Put too much faith in FSTs. Sure, if you're hammered, it's going to show up on an FST, but the criteria were made to be favorable for the State. So of course, even sober people will fail, giving the State incriminating evidence. It's gross.
Yeah, but the state doesn’t get thousands of dollars from otherwise law abiding citizens for those things.
Great points!!!
Don't forget only 75 % of parachutes opening
🪟🪟🪟🪟
About time those field tests were thrown out. On those percentages it's very little more than junk science
Just as bad as those dog sniff to search the car .. They are wrong like 80 percent of the time ... ( I could be exaggerating a tad im not sure the % but I know it is pretty high)
The Federal Highway commission knew it was junk science on day one.
@@Myeyeofthebeholder they basically tell the dog where to hit
@@Myeyeofthebeholder there's a reason they won't record false positive incidents, or release that information to the public. Getting warrants for searches is alot more inconvenient than making fido sit on command
@@KGditto yes easier to get away with illegal searches with a dog ... They can say the dog hit even when he doesnt. So it might not even be the dog to be honest... Shit for all we know the dogs are spot on.
The one legged thing needs to be re-examined by the National Highway Whoever Association.
The entire field sobriety test needs to be re-examined since they are largely based on opinion and not relative fact. I was once told I was drunk during a field sobriety test because the trainee officer who did the test had a training officer immediately behind him which caused me to split my attention, so the training said my eyes were all over the place during the test. The trainee said that I was sober, so the trainer let me go. I was completely sober and would have passed a breathalyzer or blood draw.
He said I've never used one before!!!!!! Wow!!!!! How many DUI's have his given out????
I always learn something watching you do what you do, Larry. I wish I were 20 years younger as I'd definitely put myself through college and study law. But at my age, by the time I'd finish I'd be ready for retirement. Oh well, I can always live vicariously through you.
Never to late to invest in you.
If the follow the finger test is 75% accurate - then 25% of the time - a person who is not drunk is determined to be drunk - AND a person who is drunk is determined to not be drunk.
That judge wants him to stop being such a great defense lawyer...you see his body language!? Smh...wasn't so cut and dry like the cop thought...bravo!
You gave that cop a spanking lmao!! I dont think the d.a. was too happy about it!! Love it...keep the videos coming!
Officers should be assigned a ratio/score of people arrested to convicted as a measure of past ability to determine the sum of subjective indicators. I have a feeling that this would be a very low number in Larry's cases. I used to think cops were right and didn't ever lie. Don't think that anymore.
I recall seeing the dui training programs produced officer's with ability to accurately detect alcohol impairment UP TO 85% of the time. Meaning most officer's were far less accurate. I think alot of people who weren't DUI have been convicted for DUI. Not saying getting drunk drivers off the road is a bad cause. The testimony of officer's and pseudoscientific field sobriety tests conducted by biased test arbitrators is going to yield many innocent people being dragged through court.
@@KGditto to that extent, I think video of driving infractions indicative of impaired driving and subsequent roadside test video would be a requirement for me to convict beyond a reasonable doubt. Especially in the case when there is no victim.
Funny how in the video, the gang members asked him if he's a gang member. Lmao.
Wow he really got put in the blender lmao
Your closing statement video ... is and will be an ALL-TIME-CLASSIC on how a closing state should be delivered.
The patience and focus. Awesome.
1:04:20 Cue gangster music and apply the glasses, the Judge smirks and postures in approval. The officer could have saved some time and no showed. Ready to drag people through undo hardship on a rookies hunch. You rock good sir!!
YES!! EXACTLY!!
love how convenient driver is just out of the frame for the first test then u cant see his feet in second(so how are we to know 100% his head moved just cuz a cop says try not moving ur head). cops also yell stop resisting and beat people that r not resisting. that seams to be a recurring issue with cops body cams(just my option). good work ur doing for we the people. 💯
I'm sure a guy who just crashed his car is capable of acrobatics. Field sobriety tests are so ridiculously unreliable.
I’m so glad you chose to practice Law.
this cop was determined to get this guy on DUI
The prosecutor continually spoon fed this officer. Is it not obvious?
That's what lawyers do. Try and coax a narrative out of the witnesses most favorable to your client
I'M SURE YOU PROBABLY DON'T GO BACK & READ COMMENTS FROM A VIDEO YOU DID 5 MTHS AGO BUT I JUST VIEWED IT & YOU ARE A FREAKING BARRACUDA!!! THE BEST DUI GUY IN THE WHOLE STATE OF KENTUCKY!!!💯💪 PAT YOURSELF ON THE BACK SIR!!!
The cop was not even concerned if the man was hurt or not! Shameful!!!
I disagree, he asked him several times if he was hurt and/or if he needed medical attention.
Why was that judge texting so much? Shouldn't he be paying attention to the trial?
Not really there is a jury. He's listening but he's not the fact finder. In jury trials the jury rules on the facts and the judge says what the law is and makes sure the lawyers stay in bounds with the law.
@@GradertJ Does the judge not decide sentences? He needs all the facts when making those kinds of determinations.
@@christopheraaron8299 and the facts are determined by the jury
@@GradertJ No they aren't. Things like mitigating and aggravating circumstances that effect sentencing are generally decided by judges.
@@christopheraaron8299 during a sentencing hearing not during trial. It is perfectly reasonable to expect someone to be able to do two things at once. I'm sorry you don't believe it's possible for a judge to multitask....
The objection to questioning the cop on his training..... HIS TRAINING THAT ALLOWS HIM TO ARREST PEOPLE FOR BEING DRUNK... That! THAT! Is being objected to? What kinda ridiculous justice system has this become?
To be fair, I think he was objecting to the specific reliability rates of the 3 tests, because the training manual was not entered into evidence. If that's what the objection was for, I'd have made that objection, as well. I wouldn't expect a cop to be able to recite the exact % reliability of each individual test unless they just took the course in the last few days.
Exactly!!!!!
Iv only met one lawyer like this in my life , I went to see him work in court and became obsessed with learning more about law. Mr. Forman is what all lawyers should strive to be.
Damn that’s a good lawyer
44:05 cross examination by the DUI lawyers starts
I would be doddery if I had just been run off the road into a house
When a judge says you can redirect to clear something up that means sit down and shut up
Wow that was a great video
I love when they show the verdict
I'm very surprised this guy was not familiar with their portable breathalyzer. I was in charge of the Accident Investigations Section in our Military Police Station, and all investigators, and patrolman who used this device were required to understand how it functioned 100%. If they were not familiar we ensured they got certified so there would not be a situation where something would arise like what happened in this video. The calibration information of the device was carried in the case all the time. The same applied to the radar devices that were used. They also had to be calibrated, and that information was kept in the case. Proper use of a breathalyzer is very important. There are so many things that can influence the results if not used properly. This is why it's important to be certified on the device. Something as simple as a cigarette can effect the results. This was part of the training process to include examples of what happens when cigarette smoke was introduced during a test.
You were I the military. They actually follow the rules. Cops do not. They’re just trying to get a conviction to get their unearned promotion
In*
Fun to watch. You are very good at what you do.
I'm glad I have something to curb my mood tonight!
The prosecutor's use of the word 'Okay' after almost every one of the witness' answers is annoying. I like this judge. As usual Larry is amazing.
This is awesome!
Love how uncomfortable he makes these crooks and charlatans 😂❤
Has the witness any proof that he in fact passed elementary school math classes....😅
This officer needs to return to the police academy and retake his training. Talk about looking like a fool..
It’s their training that is flawed. It’s all about physical defensive tactics, hand to hand, shooting, etc. almost nothing regarding the Constitution and protecting rights.
Nystagmus is completely inaccurate in the presence of visual distraction such as flashing lights from police cars!
the cop is not up to scratch on anything wow
You sir, are an amazing person and lawyer, I wish there was more lawyers out there with your passion, and brilliance 😊👍
7:07 Every cop in every DUI case uses the same exact wording: "I observed the defendant to have red, glossy eyes and I detected the odor of an alcoholic beverage." It's a script taught to the cops in training.
And they throw in "the totality of the circumstances" for some empty word salad that lacks any real substance or specificity
a HUGE WIN!!! Congrats!!! Thanks for posting it.
I just realized that cops think everyone that takes those dui tests are circus performers. Lmao 🤣
You know. For a second I thought I was pretty drunk after getting into the teen digits, while doing the one leg stand and counting along with this guy. I'm pretty good with words, I'm pretty good with numbers, I'm pretty good at timing.
But I don't think I've ever counted a EIGHTEEN ONE ONE THOUSAND
NINETEEN ONE ONE THOUSAND AND....... A
TWENTY ONE ONE ONE THOUSAND.
Lol. It did not slip off my sober tongue that easy. So if he said it that well, then I'll say this... IF THE TONGUE DOESN'T SLIP, YOU HAVE TO ACQUIT!
I can see this officer had no reason to charge this man with a DUI.
And the judge polls the jury without either counsel requesting? Is that common?
Awesome win brother I enjoyed your cross examination 👏🏽👏🏽👏🏽👏🏽👏🏽
Cop didn't appear to be overly bright about his own dept's procedures and in a hurry to get his testimony over with asap.
At the end the officer basically admitted to arresting people for 5 years without a breath but with a breath test.... that's fucked
Yes that is disturbing
That was an embarrassing time on those public employees records great job Larry.
"I saw him swaying before he took the test." Hmmm, he saw more than the video did then, he looked and sounded sober, but even if he was a little unsteady, he had just been in a car crash. I think that I would be a little unsteady at that point.
When you start asking questions about the manual, you absolutely expect the prosecution to object and make the cop/witness nervous! I see it happen damn near every time.
And this is the reason The DUI Guy has been able to purchase a building. Great ability to dissect the statistics, the investigation and the alleged evidence.
There is no way you need to take any kind of field test at night because they have to shine a flashlight and if you have any kind of high irritation from it that would interfere with natural Lighting compared to artificial!
I have blue eyes so I'm extra extra sensitive to light. I work in a bike shop that's pretty bright inside but compared to the sun beaming down on a parking lot that's full of cars with the sun shining directly off the windows. When I walk out of my shop I can legitimately not open my eyes for minutes during summer when it's super bright. It physically hurts to open my eyes I'll have to keep my eyes shut for a few minutes let them slowly adjust under my eyelids. With that being said Ive been pulled over and passed a field sobriety test with flying colors. (I've practiced hundreds of times so when they ask to do those things I'm mentally prepared and not stumbling from nerves.) Passed my field sobriety test but because I have red veins in my eyes and I was 18 years old driving around at 2 am they assumed I was stoned or drunk and had me do a field sobriety test and then they wouldn't let me drive home! Called my parents to come pick me and my vehicle up when I was completely sober. Long story short a lawsuit was filed and quickly they came to a settlement. I live in a small town so it's not worth trying to fight the whole police department for years. And then be treated like shit because I got poor jannetes husband fired exc. Much easier to take the settlement and have the cops know I don't fuck around. Fortunately most of those cops are retired by now and younger more educated cops are now coming into the department I work at a bike shop so they all know me by name now
Thanks for letting us know the verdict 😊❤
1:10:41 Larry, if only you could've grilled this guy like this, lol. "Excuse me, but did you say 'that model?' How many models are there? And how complex are they to operate? Honestly, I haven't used any of them. I'm just a lawyer, but in my line of work, I've seen police use them all the time. All they do is turn them on, plug in a tube and have the person blow. The machine does all the work. It seems to me a trained chimp can do that. Are you implying to the court that a trained chimp is better trained than you?" 😂😂
I was hoping to hear Larry's closing argument, they're always great. Great video.
Video to follow!
@@TheDUIGuyPlus Watched it today, Larry, you don't know how nice it feels to see somebody hold the rule-makers accountable to their own rules.
@@PaulRubino glad you enjoyed it, my friend.
I truly believe your more interested in the win more than the money…. Your the best
So high tech, The defense counsel laptop is labeled "Left Law Table." 😆
That was a live dissection... great job!
brilliant 👏 👏 👏
I just love how the DUI Guy wipes the floor with the cops and prosecutors. I don't even care if the defendant is guilty or not. 😂
Nice work !
How is that the quality of video in a courthouse is potato? How is this possible?
is this your only concern?
Tax dollars hard at work. Most local government tech is 15 years behind the standard. Hell, some federal stuff I deal with requires me to call in and wait an hour on hold just to ask someone to give me an updated password that changes every 3 months. Yet, I can reset my Google password on my own in 3 minutes.
@@georgegordonbrown9522 no its not my only concern. I have many concerns. Are you qualified to analyze concerns?
Audio is more important than Video
Cop didn't even know how to use equipment but thinks he has the right to disrupt someone's life. The nerve and gall of these officers thinking they can do whatever they want to people. There are few people who are fit to be law enforcement officers and he ain't one of them. So dumb!
Spontaneous combustion
You are his cornbread!!!🤣🤣
Yes!!! Excellent jury decision. Excellent examination of the dirty tyrant!
Allow me to refresh your memory.
These camera haven't been upgraded since 1985
if im ever arrested for dui in kentucky i know who im calling lol
This deputy should be investigated hopefully he’s not employee today
Them damn dogs barked the whole fn time
This attorney SHREADED this officer and NOT GUILTY.
Do not consent to any tests or seizures - invoke your 4th amendment right.
Shut your mouth -invoke your 5th amendment right to remain silent.
Call Larry Forman.
Why do all courts have the poorest CCTV systems available? Folks upgraded their TV every 2-3 years, police and courts upgraded every 30 years on such an important item. Hiding something?