Yeargan & Kert - October 2020



You’re pulled over for suspicion of DUI in Atlanta, and the officer asks you to take a field sobriety and Breathalyzer test. What do you do? The smart answer is you do neither.

That’s because, here in Georgia, you don’t have to take their tests.

You don’t want to incriminate yourself. Field sobriety and Breathalyzer tests are not known for their accuracy. In fact, they’re notoriously unreliable. If they show a false result — which they often do — you could lose your driver’s license and be on the hook for hefty fines. One common field sobriety check is the Romberg test. It’s so unreliable that it’s not even among the three standardized field sobriety tests of the National Highway Traffic Safety Administration (NHTSA). HOW IS THE ROMBERG TEST PERFORMED? The Romberg test began as a way to diagnose medical conditions by judging a patient’s balance. Law enforcement has put its own spin on why they administer it and the way it’s given. It’s a doozy. One version of their test is for you to stand with your feet together, head tilted back, and eyes closed. Then, you’re supposed to estimate when 30 seconds have passed. When you feel 30 seconds have elapsed, you’re supposed to say, “Stop.” Another version is the Romberg alphabet test. Standing with your feet together and head tilted back, you’ll be asked to recite the alphabet — the whole thing, from A–Z — in a nonsinging and nonrhyming way.


INGREDIENTS • 16 oz white chocolate, chopped • 24 strawberries • 1 package mini dark chocolate chips

During the modified Romberg test, the officer is looking for a host of signs to tell if you’re impaired. These include:

• The amount of swaying — if there is any • How close you are on the actual passing of 30 seconds • Any tremors or shaking of the eyelids or other parts of your body • Your overall ability to follow instructions Because the modified Romberg test is not one of the standardized field sobriety tests of the NHTSA, the officer is not required to follow any guidelines when conducting the test. And, unfortunately, other factors, like legal medication and a person’s age and medical condition, can produce the same failing results the officer is looking for. Instead of taking their tests, politely refuse and contact a DUI attorney so they can begin working on your defense. If you call Yeargan & Kert, you’ll be sure to have the best on your side.

DIRECTIONS 1. In a microwave-safe bowl, heat the white chocolate at 50% power for 30 seconds. Remove it and stir, then repeat the process until melted. 2. Lay out a sheet of parchment paper. 3. One by one, dip the strawberries into the melted white chocolate and set them on the parchment. Allow the extra chocolate to pool to form a “tail” effect. 4. Before the chocolate coating fully cools, add three mini chocolate chips to each berry to form two eyes and a mouth. 5. Let chocolate set, then serve your spooky snacks!



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