Cross-Examination of the Arresting Officer

DUI Lawyer Serving Los Angeles

In a Los Angeles DUI case, the testimony of the officer that made the arrest will likely play a lead role in the prosecuting attorney's case against a defendant. The arresting officer may testify regarding driving behavior, statements made by the defendant, performance on field sobriety tests and various other factors that may make it seem as though there is no hope of avoiding a conviction. In spite of all of this, your lawyer will have the opportunity to cross-examine the officer to challenge and possibly disprove his or her testimony.

Cross-examination is the part of criminal proceedings where the attorney has the opportunity to question a "hostile witness" (the witness that the other attorney has brought in) in order to discredit what they have already said during the initial examination. Cross-examination can also be used to help the judge and/or jury see initial testimony in a new light. In a DUI case, the arresting officer will most likely be the key witness for the prosecution. After the prosecuting attorney has questioned the officer on the stand, the defense lawyer will be able to cross-examine the arresting officer. This may prove to be the turning point in a trial.

An experienced Los Angeles DUI attorney should know how to use the cross-examination of the arresting officer to positively influence the outcome of the case. It is important to take a strategic approach. A full frontal assault may not work on every witness, particularly a seasoned police officer who has been on the stand hundreds of times before. A lawyer should know the officer's background and should have a thorough understanding of what went on at the initial police stop and during field sobriety testing and the arrest. By carefully observing the examination and by using any information garnered from physical evidence, the police report and from the defendant him or herself, the defense lawyer may be able to identify potential weaknesses in the officer's testimony.

Asking the right questions and recognizing opportunity when it presents itself may enable the DUI defense attorney to ensure the arresting officer's testimony does not support the prosecution's claims of guilt.

The Arresting Officer's Testimony is a Powerful Weapon

The arresting officer's testimony is likely to be the most powerful weapon in the prosecution's case against you. The officer may testify regarding:

Your driving behavior – what made the officer pull you over in the first place (for example, speeding, running a red light or swerving in and out of a lane).
Statements you made after you were pulled over – the officer may testify that you said you had a "few drinks" or that you admitted to the fact that you had just left a bar.
Your behavior after the stop and other relevant observations – the officer may make a note of slurred speech, bloodshot eyes, the smell of alcohol on your breath, an open container of alcohol in the vehicle or various other signs that may indicate intoxication.
Your performance on field sobriety tests – if the officer administered field sobriety tests, he or she may testify regarding your performance on these.

Virtually every point listed above may be analyzed and brought into question during a skilled cross-examination. Our Los Angeles DUI law firm has been serving clients throughout this area since 1987. We know what it takes to carry out an effective cross-examination of the arresting officer in a DUI trial and are ready to put our experience to work for you.

Contact a Los Angeles DUI lawyer at our firm today for a confidential consultation and review of your case.