There are many different types of DUI witnesses that could testify in an Atlanta area DUI case.
Do you wonder what kinds of things a witness will say in court?
This post will give you an idea of what to expect. Of course, every case is different and every witness will testify about what they know.
1. Your Own Passenger
Bringing in your own passenger who was in the car with you as a DUI witness can have benefits and pitfalls.
If your passenger was sober, he or she can explain to the jury that you weren’t drinking and that you were driving safely. This kind of testimony is good because we can show the jury that no fool would get in the car with a drunk driver and risk injury or loss of life.
On the other hand, if your passenger is your best drinking buddy and the only reason why he wasn’t driving was because he was drunk or lost the rock, paper, scissors game you played to see who would drive, it’s probably a bad idea to get him to testify in your Atlanta DUI case.
2. Other Drivers
This is usually a good and fair DUI witness. They saw you driving. If it was good driving then hopefully, they will say so and benefit your case. If it wasn’t particularly good driving, or downright bad driving, then it could really hurt your case. This witness may call 911 and continue on with their day.
A subset of the other driver witness is the concerned citizen. This person first hand saw you drive and they aren’t going to let you get away with it. They called 911 and followed you until the police pulled you over. In extreme cases, they stay until the police arrest you and take you to jail. This type of witness is very bad for your case. It’s necessary to get this person off the stand as quickly as possible.
3. Police Officer
In every case, the police officer will be called as a DUI witness. In some cases, he or she may be the only witness. The police officer is trained to testify about what they saw and heard during the investigation of your case. This will include your performance on the field sobriety tests, breath tests, and the driving that led to you being pulled over in the first place. This will probably not be the first time the officer is testifying. In fact, the officer spends hours in training how to testify in DUI cases every year.
Now that doesn’t mean you are doomed. Everyone makes mistakes. Even the police officer. Sometimes he will mix up 2 different cases. I use any mistakes the police officer makes to benefit you case and to get evidence against you excluded.
If you are charged with DUI contact Block Law at (770)387-4LAW for more information about how I can help you or to schedule a free consultation today!
4. That Guy That Couldn’t Be a Real Police Officer
This witness tried out for the police academy and was denied or flunked out. Everything he or she ever wanted to do was to be a police officer and arrest bad guys. They may own a police scanner and use it often to find out what sort of crimes are being committed. This witness will usually self detonate when cross examined at a trial. The disregard for your rights in the name of justice will affect his or her ability to tell the truth. They are easily agitated and therefore very volatile.
An even more insidious version of this witness is the Neighborhood Watch organizer and self-proclaimed chairperson.
This witness is another one than can be very helpful but just as quick could ruin your chances of winning. If the bartender remembers that he served you 1 beer at the beginning of the game and that a few hours later you left and were immediately pulled over on suspicion of DUI, we need to talk to that bartender.
However, if you were belligerent to that bartender when she cut you off for being too drunk that could sink your case.
This is someone that was injured as a direct result of your actions. Cross examination should be gentile to avoid looking like a jerk. This witness will testify about how their life has changed since the incident and may know about how you were driving.
7. (Not so) Expert Witness
DUI cases are very scientifically complex. In many cases, an expert witness is needed by the defense or prosecutors to tell the jury about a technical aspect of your DUI case. In some cases, the expert testimony goes terribly wrong like if the witness testifies to something that could not possibly be truth. Often I attack the states expert witness because they were paid to testify against you.
As you can see, DUI cases can be very complicated. Often there are many different witnesses at trial. It is important to know that DUI cases are typically very complex and it is a good idea to hire an attorney experienced in defending DUIs.