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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
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305-389-1833 - 24 hours |
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Effective Cross-Examination
is Key to Successful DWI Defense - continued
Pattern 5
Best is initially used at pre-trial motion practice, where
depositions and/or administrative hearings are not available
here, you illustrate the lack of specificity in describing
driving patterns. By suggesting that any of us could be
accused of weaving by merely changing lanes, we permit
the jury (trier of fact) to understand the defense perspective.
| Q. |
You indicated the defendant was weaving
from one lane to another, didn't you? |
| A. |
Yes, I did. |
| Q. |
Is that another way of saying that he drove his
car from one lane to another? |
| A. |
I guess so. |
| Q. |
So, if I drive into the lane on my left, then
move back to the right and then over to another
lane, you might say I was weaving, won't I? |
| A. |
Well, if you just go from one lane to another...
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| Q. |
A lot of sober drivers may cross over several
lanes, several times, and be completely sober, right? |
| A. |
Yes. |
| Q. |
When I get on the interstate or any highway, I
have to move to other lanes or I will just remain
in the right hand lane, won't I? |
| A. |
Of course. |
| Q. |
So, what you call weaving could just be a sober
person moving from lane to lane? |
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Pattern 6
In this line of questioning, we reverse the state's attack
and simultaneously demonstrate the lack of fairness of
the test and the officer administering it.
| Q. |
Now, you testified that you stopped
the defendant at 3:00 a.m., didn't you? |
| A. |
Yes. |
| Q. |
And you testified that you had a clear and unobstructed
view of the defendant's driving pattern. Are you
quite sure of that? |
| A. |
That's true; that's because there weren't any
other cars there at the time. |
| Q. |
And as I understand your testimony, there was
no one else whose driving was affected by the defendant's
car, correct? |
| A. |
Correct. |
| Q. |
But do you know that the law of this State condemns
improper lane usage only if the changing of lanes
puts anyone in danger? |
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