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2020 Hisp. J.L. & Pol'y 1 (2020)

handle is hein.journals/hpjlp2020 and id is 1 raw text is: 


                             LENZI SHEIBLE AND WARREN SHEIBLE

        When Rogelio was a teenager, he was in a horrible car accident.' He has large scars from a
severe head injury that still affects him today, making it hard to remember things that people say. His
leg was also badly damaged, causing his feet to point toward each other, and it is hard for him to walk
or even stand. He explained all of this to Houston police officers in 2018 when they asked him to
perform field sobriety tests, but they had trouble understanding him because he couldn't speak
English. One of the policemen who spoke some Spanish attempted to translate Rogelio's statement
to another officer who recorded the exchange on his body camera.

               (Officer turns to camera.) Okay, so, we need to take into account, number
               one, he's been in an accident. (Turns to Rogelio.) Uh, dcuindo el


               (Rogelio.) Seis afios.

               (Officer turns to camera.) Six years. He says his head kind of hurts, but-
                  (Officer throws up his hands.)  just put that in your report or

               something, it's not really, I mean, I don't, I'm not a doctor, but his
               nystagmus was there. And his right leg, he says it kind of hurts from
               the accident, so, okay.

        The officers proceeded with the tests, asking Rogelio to follow complex instructions for

walking heel-to-toe and balancing on one leg. When he was unable to complete them, Rogelio was
arrested and taken to jail. No information about his disabilities appeared in the arrest report.

        * Lenzi Sheible is a practicing criminal defense attorney at Sullo & Sullo, LLP in Houston. She is a graduate of
The University of Texas School of Law in Austin, and is licensed to practice in Texas.
        -Warren Sheible is a Juris Doctorate Candidate, South Texas College of Law Houston, 2020.
        1 All case studies included in this article describe defendants and cases that author Lenzi Sheible represented in
Harris County criminal courts. All details were taken from personal recollections and notes of the attorney of record. The
names of all individuals have been omitted or changed to maintain their anonymity.

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