A police officer noticed a defendant crossed a double yellow line and pulled him over for a line violation. The officer asked the man to step out of the vehicle. The man complied, but he told the officer that he had consumed alcohol prior to driving. The officer did not notice any obvious signs of intoxication, but requested the man perform the three standard field sobriety tests according to DWI laws; the “Walk and Turn,” “One Leg Stand,” and the “Horizontal Gaze Nystagmus (HGN).” The results for these tests should show up in pairs.

Russman was able to drop the NW DWI charge with research into the man's medical records. The results from the field sobriety tests showed an odd number of reactions, which is uncommon. DWI attorney Russman discovered the defendant suffered from a concussion a week before and the court was therefore unable to use the faulty sobriety tests.