| Q. |
You testified that one of the reasons
you believed the defendant to be impaired was because
his eye's were bloodshot and watery? |
| A. |
Yes. |
| Q. |
Now, you further testified that you first observed
the defendant at around 3 a.m., correct? |
| A. |
That's right. |
| Q. |
Don't you agree that most people who are awake
at that hour probably have bloodshot, watery eyes
just because they are so tired and sleepy? |
| A. |
Well... |
| Q. |
Wouldn't you further agree that in 60 seconds
the two of us could probably come up with 30 reasons
why one's eyes could be bloodshot or watery, even
if that person has never had a drink in his life? |
| A. |
Perhaps. |
| Q. |
And among the reasons one's eyes might be red
or watery would be that he has a cold or allergies,
right? |
| A. |
Yes. |
| Q. |
He could have been painting or working indoors
with solvent, couldn't he? |
| A. |
He might have. |
| Q. |
And he could have been out in the sun all day
or swimming earlier in chlorinated water? |
| A. |
OK. |
| Q. |
He could have been wearing contact lenses for
a long time or have gotten smoke in his eyes, right? |
| Q. |
He could have conjunctivitis, pink eyes, or some
other eye condition that causes one's eyes to become
red. He could have been crying, got dirt into his
eyes, injured or scratched them or just have been
crying. He could have been doing or involved with
one or more of these things or how many more I could
contribute to list right? |
| Q. |
And none of these have anything to do with alcohol
do they? |
| A. |
No. |
| Q. |
But all of these possibilities, you choose but
one to explain why you believed his eyes to be red
and watery -- alcohol -- right? |
| A. |
Yes. |
| Q. |
And at no time, despite your sworn desire to be
fair and reasonable, did you, on your own, even
testify that anything but alcohol could have accounted
for those red and watery eyes? |
| A. |
I guess not. |
| Q. |
Well, since you had apparently rejected those
other 30 or so reasons why ones eyes might be red
and watery, could you please tell us how the consumption
of a few drinks would turn one's eyes red and watery? |
| A. |
Uh...... |
| |
NOTE: The last question, as with
all others, should not be asked until you first
know the answer. |
 |
