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.
The Police Officer Keys the Prosecution
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.
Jury Selection is Where the Defense Begins
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.
How it Works
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.