Introduction to NHTSA's Standardized Assessment

Law enforcement officers in Ohio rely on the National Highway Traffic Safety Administration's (NHTSA) standardized list of 24 driving clues to identify potentially impaired drivers. As experienced DUI defense attorneys, we understand that these observations can be challenged and that various factors, beyond impairment, may explain these behaviors. Understanding these clues and their possible alternative explanations is essential for building a robust defense.

Problems Maintaining Proper Lane Position

The first category encompasses weaving within or across lanes, straddling the center line or lane markers, drifting, and nearly striking objects or vehicles. While officers interpret these actions as signs of impairment, numerous factors can contribute to such behaviors, including fatigue, adverse weather conditions, road construction, or mechanical issues. Additionally, medical conditions affecting motor control or vision can also play a role in these driving patterns.

Speed and Braking Problems

Officers look for speed variations exceeding 10 mph below the posted limit, abrupt or unnecessary stops, accelerating without reason, and erratic speed patterns. These behaviors might be attributed to unfamiliarity with the area, efforts to locate addresses, mechanical problems, or simply cautious driving in uncertain conditions. GPS navigation systems can also cause sudden speed changes or unexpected stops.

Vigilance Problems

This category includes driving without headlights, slow responses to traffic signals, delayed reactions to emergency vehicles, and driving into oncoming traffic. While these behaviors raise concern, they may arise from distractions, unfamiliarity with the vehicle, medical emergencies, or simple human error. Modern vehicles equipped with automatic headlight features can sometimes lead to confusion regarding headlight status.

Judgment Problems

Following too closely, making improper turns, signaling inappropriately, and unsafe lane changes fall into the category of judgment problems. These actions might indicate aggressive driving, emotional stress, or urgent situations rather than impairment. Additionally, weather conditions and road construction can compel drivers to make seemingly improper maneuvers.

Defense Strategies

Our defense strategy begins with a comprehensive analysis of the circumstances surrounding the traffic stop. We evaluate several key factors that can challenge the officer's observations:

Environmental conditions significantly influence driving behavior. Factors such as inclement weather, poor road lighting, construction, and damaged road surfaces can lead to driving patterns that officers may misinterpret as signs of impairment. To support our clients' cases, we collect weather reports, construction records, and documentation of road conditions.

Mechanical issues with a vehicle can also mimic impaired driving behavior. Problems such as misalignment, tire pressure concerns, or brake system failures may result in weaving or erratic speed changes. We document any relevant mechanical issues and may consult automotive experts to strengthen your defense.

Medical conditions and fatigue can adversely affect driving performance. Issues that impair motor control, vision, or cognitive function may help explain certain driving patterns. When necessary, we collaborate with medical professionals to document how health factors may have influenced your driving behavior.

The training and observational conditions of law enforcement officers are crucial aspects we review. An officer's observations may be impacted by lighting, weather conditions, distance, and the angle of observation. We thoroughly examine the officer's training records and the specific circumstances surrounding their observations.

When available, dashboard camera footage often provides a perspective that differs from the officer's subjective observations. We meticulously analyze any video evidence, frequently discovering that the driving patterns appear less severe than those described in the police report.