Bay Area DUI & DWI Defense Lawyers Accused of a DUI in the San Francisco Bay Area? Police make mistakes. Get an affordable DUI Defense Lawyer to protect your record and license. Improper choice of sobriety tests Failure to read Miranda rights Invalid tests due to medical conditions such as acid reflux DMV Hearing [...]
Ten rules to follow when you testify at your DUI trial Your DUI attorney will understand that you are not professional witness. You will probably be nervous and may make some mistakes when testifying. Here are some NICKEL and DIME rules that should help you testify effectively at your DUI trial. Nervousness is acceptable. The [...]
Questions you may be asked about field sobriety tests at your DUI trial If you and your DUI attorney decide that you should testify at your DUI trial, one topic you will likely be questioned about, by both your attorney and the prosecutor, is your performance on field sobriety tests (FSTs). For information on FSTs, see the [...]
Initial questions from your DUI attorney when you take the stand at your trial If you and your DUI attorney decide that you should testify at your DUI trial, you can expect your attorney to begin your direct examination with some preliminary questions designed to introduce you to the jury, set you at ease, and set the [...]
Testifying at your DUI trial: how to respond to common prosecution trick questions As the defendant, you are the most important witness at your DUI trial. You can be the only one to rebut the testimony of the police officer and the “testimony” of the breathalyzer. If you are well prepared, articulate and make a [...]
DUI Defense - Attacking a claim of bloodshot eyes The lack of a baseline If the arresting officer claims that your eyes where bloodshot at the night of the arrest, your attorney might attack this claim by emphasizing that the officer does not have a baseline on how your eyes typically appear. Some people naturally [...]
How the prosecutor will respond to attacks on field sobriety testing The prosecutor will argue back If the police officer claims that you have “failed” one or more field sobriety tests then your attorney may attempt to raise a reasonable doubt about the value of the test or the conclusion of the officer. Your attorney [...]
DUI Defense - Attacking the DUI one-leg stand test The one-leg stand test must be given correctly Although the National Highway Traffic Safety Administration (NHTSA) has standardized the one-leg stand field sobriety test, many officers fail to administer it in the manner required. For example: Some officers will have you count out loud to 15 [...]
Attacking a horizontal gaze nystagmus test: the failure to give other tests and the accuracy of the test Raising a reasonable doubt about the results of a horizontal gaze nystagmus test The horizontal gaze nystagmus test (HGN) is often the first field sobriety test administered by the arresting officer. If the police officer claims that [...]
Attacking a horizontal gaze nystagmus test: the officer’s qualification to conduct the test The horizontal gaze nystagmus test is an ophthalmologic examination The horizontal gaze nystagmus test is a test of a person’s eye movements. With one eye closed the individual fixes the other eye upon a pencil-beam of light from a pocket flashlight [...]
