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Randy Goodis, P.A. © 2005 |
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Law
Offices of
Randy Goodis, P.A. |
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888-DUI-8DUI - Toll
Free
305-389-1833 - 24 hours |
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Effective Cross-Examination
is Key to Successful DWI Defense
The most dynamic moment in a DUI trial is the almost inevitable
confrontation between the arresting law enforcement officer
and the defense attorney. This is the moment the jury
has been awaiting, the classical confrontation between
the most important state's witness and what the public
describes as the "hired gun".
To be sure, cases can be won with the skillful use of
the principles and application of science. Realistically,
those victories are few and far between. Most judges and
juries are looking for the opportunities to convict those
charged with DUI, science be dammed. So, while attacking
on all fronts, we must skillfully utilize out options
including that portion of the trial when I believe victory
is most readily attainable. That moment arrives during
the cross-examining of the state's principle witness.
Cross-examination questions are as plentiful as our imagination
and knowledge of the issues will permit. Even after cross-examining
different witnesses many times about a particular issue,
an experienced trial lawyer will often become aware of
the many nuances that should be pursued. The possibilities
are infinite.
Pattern
1
In this set of questions, you are attacking the inherent
worth of the breath test. The pattern can easily be modified
to cover any machine, whenever it was purchased. You are,
simultaneously, tying the law enforcement officer's credibility
to the use of sub-standard equipment.
| Q. |
You wouldn't knowingly test the Defendant's
breath with a machine that you believed to be inaccurate,
would you? |
| A. |
Of course not. |
| Q. |
That could lead to the conviction of an innocent
person, couldn't it? |
| A. |
That's right. |
| Q. |
You already testified that you have been a law
enforcement officer for seven years, correct? |
| A. |
Yes, seven years. |
| Q. |
In that capacity do you recognize a responsibility
to be fair to drivers charged with DUI? |
| A. |
Absolutely |
| Q. |
The machine you used to test the defendant's breath
in this case was the Intoxilyzer 5000, wasn't it? |
| A. |
Yes. |
| Q. |
The Intoxilyzer 5000 cost many thousands of dollars,
didn't it? |
| A. |
I'm not sure. |
| Q. |
You do know, don't you, that the state is now
in the process of purchasing the Intoxilyzer 8000? |
| A. |
Yes, I have heard that. |
| Q. |
These new Intoxilyzers, they are very expensive
aren't they? |
| A. |
I'm not sure. |
| Q. |
Well, you do know that it has taken the State
over one year to raise enough taxpayer's money to
buy enough of these machines to replace the old
ones, and they still can't afford it? |
| A. |
Yes. |
| Q. |
Let me make sure I understand this. You wouldn't
use a breath testing machine if you believed it
were inaccurate, would you? |
| A. |
That's what I said. |
| Q. |
And, now we find out that the state is going to
be spending a fortune to replace one machine with
another? |
| A. |
A lot of money. |
| Q. |
And the machine they are purchasing is the new
improved 8000 model, as opposed to the old 5000
model you used in this case? |
| A. |
True. |
| Q. |
Surely, you would agree that the enormous cost
of purchasing and retraining in this economy is
being done because the 8000 model is superior to
the current 5000 model? |
| A. |
I guess so. |
| Q. |
Obviously, then to justify this huge expenditure,
especially in this economy, and investment of time,
the state recognizes there are serious problems
with the current machine that must, at great cost,
be corrected? |
| A. |
Ummm... |
| Q. |
Knowing this, the truth is that you did administer
a breath test knowing that the test may not have
been accurate, right? |
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