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Sobriety Testing The Basic Scientific and Medical References that Demonstrate Standardized Field Sobriety Testing is Practicing Medicine Without a License James Schaller, M.D., M.A.R. and Kimberly Mountjoy, M.S. Hope Academic Press Bank Towers • Newgate Center (305) 5150 Tamiami Trail North [Highway 41] Naples, Florida 34103 Lead Research and Research Study Acquisitions: Randal Blackwell Cover Design: Derek Murphy Copy Editors: Kimberly Mountjoy, Lindsay Gibson and J. Schaller Research: Randall Blackwell and other anonymous assistants Copyright © 2012 James Schaller, MD All rights reserved. Wholesale discount requires purchase of at least twenty copies and can be in five book units. Fax request to (239) 304-1987 and (239) 263-6760. Library of Congress Cataloging Data Schaller, J.L; Mountjoy, K. ISBN: 978-0-9840889-6-6 A citation review of the basic scientific and medical references that demonstrate standardized field sobriety testing is the practice of clinical medicine by J.L. Schaller and K. Mountjoy 1. Field Sobriety Testing 2. Physician Medical Examination 3. Citations-relat- ed to coordination, balance and eye function 4. Citations-related to standard- ized field sobriety testing 5. Police, sheriff and state trooper training Printed in the United States of America First Edition Dedicated to “old school” peace officers Who know they are neither a military force nor medical doctors. And who would never exaggerate the truth in reports or in courts. I hope you do not become extinct. To the millions who have been victimized by the profound and utterly incompetent practice of “Field Sobriety Testing” And to the many who have been crippled or died due to unsafe driving practices. Contents Introduction ................................................................................................. 1 Bibliography .............................................................................................. 5 Dr. Schaller’s Publications ..................................................................... 597 Other Books by Dr. Schaller .................................................................. 599 Disclaimer .............................................................................................. 611 Contacting Dr. Schaller .......................................................................... 613 Basic References in Field Sobriety Medicine 1 INTRODUCTION Over the last quarter century I have interviewed hundreds of patients who have been administered Field Sobriety Testing. My patients are routinely people who have failed to be helped by many other physi- cians. But even if Field Sobriety Testing was done purely by physi- cians, we do not have enough doctors to perform them. Lawyers, highway agencies, law enforcement and legislatures simply have no idea of the training of the veteran professional doctor in medical sci- ence. All average physicians know a medical vocabulary in excess of 200,000 words and thousands of medical concepts. About six years ago I started doing a simple Field Sobriety Testing (FST) on all of my patients and most of the healthy relatives and friends who brought them to my office. I only administered the three tests felt to be credible, “valid” and “standardized.” These nationally administered FST are the heel to toe test, the one leg raise and the horizontal nystagmus eye test. What stunned me is that even with a simplified version of these tests, over 90% of those tested in my of- fice clearly failed. None of these had been drinking or failed a high level drug screen. Many of these people drive well and do not have any moving violations. So my first point is thatFST does not mea- sure the ability to drive. It measures over a hundred capacities that are profoundly beyond the human physiology knowledge of even smart FBI and CIA agents who are not dummies. So the physiology and pathological medicine that alters FST is fully in excess of any 40 hour training couse of sheriffs, police and state troopers—even with a cheat sheet reminder form. The FST really is a measure of many biological processes, including your lower body coordination and that is why very sick skaters and ballet dancers can do these tests without any effort, and people with no lower body coordination fail when they are stone cold sober and off illicit drugs. 2 Schaller • Mountjoy Next, what types of tests are these FST’s? Are they law knowledge tests? Are they safe driving principles tests? No, they are medical tests. The variables that can impact each of the these tests are in excess of 500 medical items. Few doctors know all these variables, but a physician knows how to think medically after twenty years of body science, medicine, pathology and after performing over 20,000 full medical exams. Having watched tapes of FST being administered by police, sheriffs or state troopers, it is obvious they have no idea what they are do- ing medically, and do not know how to do these highly detailed tests precisely. If they are not administered perfectly, they are worthless, according to some agencies that promote them. Many FST “education” materials are meant to convince the law en- forcement or a paramilitary officer that they are competent to do these medical exams. Sheriffs, police and state troopers are high school or college graduates with no medical training, and they are not qualified to perform medical exams that are undermined by over 500 variables. The organizations promoting these tests do not realize the heel to toe test has over twenty five parts. Why do law enforcement workers not understand this complexity? It is simple. They know absolutely nothing about cognitive neurology. And as a highly rated physician who loves cognitive neurology, I have still needed to study approximately a thousand types of pathology that undermine the use of these tests. Enclosed in this book is a sample of basic citations that should be read before one has an introductory understanding of the medicine involved in performing FST. I doubt any law enforce- ment officer in the USA has read 2% of these basic articles. Simply, law enforcement officers need to be told to stop practic- ing highly specialized medicine. They are not medical doctors. Basic References in Field Sobriety Medicine 5 Aarabi B, Koltz M, Ibrahimi D. Hyperextension cervical spine injuries and traumatic central cord syndrome. Neurosurg Focus. 2008;25(5):E9. PMID:18980483 Abaci A, Taşcilar ME, Ugurel MS, Yesilkaya E, Coskun ZÜ, Yildiz C. Osteopetrosis and congenital hypothyroidism complicated by slipped capital femoral epiphysis. Endocr Pract. 2010 Jul- Aug;16(4):646-9. PMID:20150025 Abadi RV, Pascal E. Ocular motor behaviour of monozygotic twins with tyrosinase negative oculocutaneous albinism. Br J Ophthalmol. 1994 May;78(5):349-52. PMID:8025067 Abadi RV, Scallan CJ. Waveform characteristics of manifest latent nystagmus. Invest Ophthalmol Vis Sci. 2000 Nov;41(12):3805-17. PMID:11053280 Abbott CM, Newbery HJ, Squires CE, Brownstein D, Griffiths LA, Soares DC. eEF1A2 and neuronal degeneration. Biochem Soc Trans. 2009 Dec;37(Pt 6):1293-7. PMID:19909265 Abeliovich A, Flint Beal M. Parkinsonism genes: culprits and clues. J Neurochem. 2006 Nov;99(4):1062-72. Epub 2006 Jul 6. Review. PMID: 16836655 Abdel-Salam GM, Shehab M, Zaki MS. Isolated Dandy-Walker malformation associated with brain stem dysgenesis in male sibs. Brain Dev. 2006 Sep;28(8):529-33. Epub 2006 Mar 29. PMID:16564660 Abouaf L, Vighetto A, Magnin E, Nove-Josserand A, Mouton S, Tilikete C. Primary position upbeat nystagmus in Wernicke’s encephalopathy. Eur Neurol. 2011;65(3):160-3. Epub 2011 Mar 3. PMID:21372575 6 Schaller • Mountjoy Abrams CK, Scherer SS. Gap junctions in inherited human disorders of the central nervous system. Biochim Biophys Acta. 2011 Aug 16. [Epub ahead of print]. PMID:21871435 Abramson DH, Schefler AC. Transpupillary thermotherapy as initial treatment for small intraocular retinoblastoma: technique and predictors of success. Ophthalmology. 2004 May;111(5):984- 91. PMID:15121378 Abu-Amero KK, Faletra F, Gasparini P, Parentin F, Pensiero S, Alorainy IA, Hellani AM, Catalano D, Bosley TM. Horizontal gaze palsy and progressive scoliosis without ROBO3 mutations. Ophthalmic Genet. 2011 Nov;32(4):212-6. Epub 2011 Apr 21. PMID:21510772 Abu-Amero KK, Kapoor S, Hellani A, Monga S, Bosley TM. Horizontal gaze palsy and progressive scoliosis due to a deleterious mutation in ROBO3. Ophthalmic Genet. 2011 Nov;32(4):231-6. Epub 2011 May 19. PMID:21592015 Abumi K, Avadhani A, Manu A, Rajasekaran S. Occipitocervical fusion. Eur Spine J. 2010 Feb;19(2):355-6. PMID:20130929 Acerbi F, Rampini P, Egidi M, Locatelli M, Borsa S, Gaini SM. Endoscopic treatment of colloid cysts of the third ventricle: long- term results in a series of 6 consecutive cases. J Neurosurg Sci. 2007 Jun;51(2):53-60. PMID:17571035 Acharya HJ, Bouchard TP, Emery DJ, Camicioli RM. Axial signs and magnetic resonance imaging correlates in Parkinson’s disease. Can J Neurol Sci. 2007 Feb;34(1):56-61. PMID:17352348 Basic References in Field Sobriety Medicine 7 Ackermans L, Temel Y, Bauer NJ, Visser-Vandewalle V; Dutch- Flemish Tourette Surgery Study Group. Vertical gaze palsy after thalamic stimulation for Tourette syndrome: case report. Neurosurgery. 2007 Nov;61(5):E1100; discussion E1100. PMID:18091260 Adams ME, Heidenreich KD, Kileny PR. Audiovestibular testing in patients with Meniere’s disease. Otolaryngol Clin North Am. 2010 Oct;43(5):995-1009. PMID:20713239 Adams SA, Steenblock KJ, Thibodeau SN, Lindor NM. Premutations in the FMR1 gene