2/22/2005 - Posted by:
Stone & Associates, P.A.
Phone: 904-396-3335
Alt. Phone: 904-536-9309
Fax: 904-399-4540
Mobile: 904-536-9309
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Effective Cross Examination
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Client stopped after witness alleges he was traveling in excess of 70 mph and swerving in and out of the median. Client performs field exercises and fails according to arresting officer. Client is arrested and agrees to breath test which yields results of .174 and .182. The case goes to trial and it is client's 3rd DUI so if convicted he is facing a 10 year suspension and one year in jail. Cross examination of the witness reveals he exaggerated facts. Cross examination of arresting officer focuses on his decision not to allow client to relieve himself before and after field exercises which causes client inability to perform well. Cross examination of breath test officer reveals maintenance errors and other problems with breath test machine. Jury finds client NOT GUILTY in less than 20 minutes of deliberation.
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