The Defense Approach to Officer Testimony
While sometimes it may first appear that a California DUI/DWI defense attorney is faced with damning testimony, there are strategic avenues that can be pursued to turn things around. First of all, jurors can often relate to the fact that when pulled over by the police the person is nervous and maybe even emotional. Because of this fact, an experienced
California DUI attorney will ask the officer if it is possible that the
CA DUI defendant simply may have been nervous and therefore fumbled around when asked to produce a driver’s license, registration, etc. Furthermore, if the officer testified that the DUI defendant stumbled when getting out of the car, the
California DUI lawyer may be able to get the officer to admit that the road was uneven, there was a slope in the road, it was raining and slippery, or that the defendant was stepping on a gravel surface, any of which might have caused the stumbling to occur. Remember that it is the prosecution’s job to establish all facts of a case beyond a reasonable doubt. If doubt can be raised as to why a DUI defendant stumbled, acted foolishly, or fumbled around for identification, registration, etc., then the
California DUI defense Attorney has a plausible defense.
Prosecutors in DUI cases often like to suggest that because the officer was experienced and trained, he or she has a “special ability” to distinguish when a driver is actually “under the influence” of alcohol or drugs and therefore, given such expertise, the jurors should believe the officer’s “opinion” that the California DUI defendant was, in fact, impaired. However, a controlled study conducted by
Rutgers University’s Alcohol Behavior Research Laboratory
has noted otherwise. In this study, it was found that the police officer’s ability to determine the level of intoxication of a driver was no more accurate than that of, say, a bartender. Furthermore, it was found that both police officers and bartenders were able to judge correctly a person’s level of intoxication by no more than only 25% of the time. The bottom line here is that the skilled
California DUI/DWI attorney has numerous defense strategies that he or she can use to rebut any testimony given by the police.