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Cross-Examination in DUI Cases - Liberty Law

With respect to the cross-examination phase of DUI hearings, an experienced Salt Lake DUI lawyer will generally already have a plan in mind that will be consistent with his or her presentation that was made during the opening statement.  Cross-examinations have a specific function and all witnesses can be cross-examined (even though some cross-examinations will be more successful than others).

A skilled Salt Lake DUI lawyer will have already set up the point or points that he or she believes can be made at trial. Further, the lawyer will be able to get the witnesses to make certain acknowledgments at the time of cross-examination, and he or she can ensure that those acknowledgments are consistent with the points that were made during the opening statement, as well as the arguments that are going to be made during closing arguments.

By way of example, let’s assume that your Salt Lake DUI lawyer is cross-examining the arresting police officer.  The attorney might decide to focus primarily on a particular point that was raised during jury selection (such as nervousness and fear when taking DUI-related tests as a reason for declining to take the test) in order to get the relevant concession needed for your case.

The lawyer could ask the officer whether or not he or she asked the individual to participate in such tests, and when the officer answers in the affirmative, the lawyer could then inquire about the officer’s report that clearly notes that the individual appeared to be nervous and agitated.  The fact that the officer noticed and made note of this in his report helps the lawyer demonstrate that, yes, people do get nervous and fearful such that they do not want to take certain balancing and coordination tests, and having such emotions is very reasonable given the circumstances.

If you need an experienced Salt Lake DUI lawyer, please call James Lee for a free consultation.