Tag: dui

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...

DUI Defense - Attacking a claim of an odor of alcohol Odor does not prove quantity If the arresting officer refers to the odor of alcohol at the time of your arrest, your attorney might attack this by emphasizing that the odor does not really mean much. The aroma associated...

5 attacks that can be used on DUI field sobriety tests Using the cross-contamination dynamic When your attorney cross-exams the arresting officer in your trial you may notice that an attack about one test can cross-contaminate the other tests. That is, your attorney may make a point once with regard...

Establishing an early lead and holding it to the end of the trial A strong opening statement can give the defense an early advantage in a drunk driving trial Experienced DUI defense attorneys know that a strong opening statement can give you an early lead over the prosecution in your...

Starting strong with an effective opening statement in a DUI case The opening statement is one of the most important parts of the DUI case. In fact, jurors may make up their minds after the opening statement. The evidence which is presented later often merely bolsters the jury’s perception and...

How an experienced DUI attorney overcomes the DUI defendant’s negative starting position in a drunk driving case Experienced DUI attorneys understand something very simple and true: most jurors will not like or sympathize with defendants who are on trial for driving under the influence of alcohol, drugs or some alcohol...

Sample DUI jury selection questions Jury selection is the process by which your DUI lawyer will question the prospective jurors in an effort to weed out anyone who will not be fair and impartial in deciding your case. A general goal of this questioning process is to encourage the jurors...

Using the psychology of influence to persuade DUI juries Psychological principles of persuasion can be effective tools for the DUI attorney. For many decades, social scientists have been studying what makes people say “yes.” They refer to this as the “psychology of compliance.” Research has identified six basic principles of...

DUI DEFENSE - BIASED JURORS   Jury selection in a California DUI case is a process by which the judge and/or the lawyers for both parties question prospective jurors to determine if anyone has a pre-existing bias about issues related to drinking and driving that will prevent him or her...

The important variables in evaluating effects of alcohol on driving The mechanics of alcohol absorption, distribution and elimination are subject to a great degree of variability, depending on individual circumstances. Driving behavior, driver characteristics, and driving ability can also play a role in evaluating the effect alcohol has on driving...