Cross-Examination of the Arresting Officer
Lynnwood DUI Attorney
The arresting officer is typically the key witness in the prosecution's
case against a defendant facing
DUI charges in Lynnwood, WA. The officer will be all too ready to state, in
court, that you drove erratically, made statements about what you had
to drink, performed poorly on
field sobriety tests or otherwise showed indicators of intoxication. Though it may seem that
the officer will be your biggest adversary in court proceedings, there
are ways that a skilled Lynnwood criminal defense lawyer can challenge
the arresting officer's testimony by conducting an effective, aggressive
An officer's age, particular experience and prejudice and degree of
intelligence and honesty are all factors that should be considered by a
DUI defense attorney when conducting a cross-examination. The officer may have done this hundreds
of times before and may be completely at home on the stand or may be relatively
new. By approaching the officer as an individual and by using a tactful
approach, an attorney may be effective in directing the course of the
cross-examination in such a manner as to benefit the defense. This may
include asking questions in such a way as to have the officer finding
him or herself agreeing with the defense attorney. It may include proving
that the officer's tactics in making the arrest or performing tests
were questionable at best.
Challenging the Officer's Testimony
Some issues to possibly address during cross-examination may include:
- The defendant's driving behavior - did he/she actually violate a traffic
law or show other conduct that indicated intoxication, or was he/she simply
leaving a bar at closing time?
- The defendant's statements and general behavior - do bloodshot eyes
actually indicate intoxication, or could the defendant have been suffering
from an allergic reaction? Did the defendant actually make statements
that indicated that he/she had been drinking?
- Field sobriety tests - were these administered exactly as per procedure?
Did the officer make an honest assessment of the driver's performance,
- The arrest - did the officer have probable cause to make an arrest for
DUI? Was the defendant properly arrested?
Need an attorney for your DUI case in Lynnwood, WA? You need to team up
with a skilled Lynnwood DUI lawyer from my firm.
Call the Law Office of Lance R. Fryrear today!