Prosecution Strategies: Promote Officers, Discredit Witnesses

At your DUI trial, the prosecution will try to discredit your evidence while upholding field sobriety tests or police officer’s opinion against you. It will important you to retain a competent Memphis DUI attorney to defend your rights at court.Memphis Drunk Driving Attorney

Prosecutor tactics include, for example:

- Promote the officer’s instructions. If the officer administered the test correctly, the prosecutor will most likely emphasize to the jury that the officer explained the instructions to you carefully and accurately. The prosecutor may additionally indicate that the officer took a step further and actually demonstrated the tests to you for your benefit. He or she will argue that you had more than enough chances to comprehend the tests.

- Correlate the tests to alcohol levels. The prosecutor may call an expert who has conducted correlation studies that compare field sobriety tests with blood alcohol levels. If your performance on the field sobriety tests correlates to what is projected for a person with your blood alcohol level, then the prosecutor will probably ask the expert to highlight this connection to the jury.

- Discredit lay witnesses. If either you or some of your friends provide testimony regarding your performance on the field sobriety tests, the prosecutor will probably respond by asking whether you or your friends have received any specialized training in conducting field sobriety tests. The answer will almost always be no, since neither you nor your witnesses can be expected to have such training.

The prosecutor will then argue that the jury should believe the opinions of a trained officer instead of a lay witness who has never administered field sobriety tests.

Memphis DUI attorney Dave Willis will protect your fights by standing up to any prosecution attacks or tactics. Call his law offices today at 1-901-DUI-DAVE. The initial consultation is free.

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