Common sense tells you that lots of things besides the consumption of alcohol could make you do poorly on a field sobriety test. In fact, the outcome of your case could well hinge on how good a job your Michigan DUI attorney does in getting jurors to see the events surrounding the field tests as you saw them.
In most DUI cases, the testimony the credibility of the arresting officer is what keys the prosecution's case. The officer provides personal observations of the events surrounding the arrest, and his testimony about your performance on any field sobriety tests tends to carry a lot of weight with jurors.
That is why an experienced Michigan DUI attorney starts your defense even before the officer gets a chance to testify: during the process of selecting the jury. That is when your attorney can focus on getting the potential jurors to look at the events as you might have seen them at the time: anxious about being stopped, adrenaline flowing as you face the lights of the patrol car and the police officer in full uniform with a gun strapped to his side.
If that experience is planted in the juror's minds at the time the officer does finally testify, the testimony can be seriously weakened.
Your Michigan DUI attorney has a lot of leeway in questioning potential jurors. One good approach is to ask one or more jurors how they think they would do on an aspect of the field sobriety test. For example:
Michigan DUI Attorney: Okay, let me ask you, do you think you could right now walk over to where I am, stand on one leg, and stay steady?
Juror: Probably not.
Michigan DUI Attorney: Why not?
Juror: Well, I am not in as good a shape as I used to be. I have put on a little weight and my balance gets a little worse every year older I get?
Michigan DUI Attorney: Do you think you would be a little nervous, too?
Juror: Sure.
Michigan DUI Attorney: Why is that?
Juror: I would feel funny doing something strange like that in front of all these people.
Michigan DUI attorney: As nervous as being pulled over with lights flashing and several cops with guns giving you orders and instruction?
It really does matter how good your Michigan DUI attorney is at the subtle, crucial parts of the case. Call the Law Offices of Christopher Trainor & Associates today at 800-961-8477.
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When the arresting officer is cross-examined by your Michigan DUI lawyer, you may notice that attacking one test can cause a cross-contamination of the other tests.
In other words, a point made once by your attorney regarding a particular field sobriety test is not mentioned in regard to other sobriety tests. Rather than drawing repeated attention to the point, your lawyer may allow the jurors to realize that the same problem would affect the other tests. By doing this, the cross-examination is allowed to develop on its own. By making the same argument with each test, the cross-examination can become dull and the jurors may reach the conclusion that there are no other points to be made.
No matter which test is administered (line test, Romberg test, one leg stand), it should be given on a level surface. However, this rarely occurs since a little gradient is almost always present.
Sometimes, slopes in two different directions are present in the testing area.
Plainly, the surface did not suddenly become level for one test if it was not level during another.
A valid claim cannot be made that a poor performance on a test was due to alcohol impairment if the officer does not know how your performance would have been without alcohol consumption.
Maybe you lack coordination, were overly tired, or had another reason (other than alcohol) for testing poorly.
The arresting officers experience, knowledge, and training in administering and evaluating field sobriety tests will be extolled by the prosecutor because the officer is portrayed as an expert by the state.
However, by asking the officer why the test is given in a certain way, your Michigan DUI lawyer may challenge this expertise. For instance, when administering the Romberg test, the head must be tilted back and the eyes closed, but few officers are aware of the reasons why. Therefore, this test presents a favorable opportunity to use the cross-contamination dynamic.
If you have been charged with a DUI and would like to speak to an experienced and competent Michigan DUI lawyer, please contact the Law Offices of Christopher Trainor & Associates at 800-961-8477.
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