An experienced Walnut Creek DUI lawyer will usually have a plan in mind to tie his or her legal strategy together with the opening statement. Likewise, your Walnut Creek DUI lawyer’s cross-examination strategy will also have a purpose that was established in the opening statement.
Walnut Creek DUI lawyers will set out the basic points and attempt to garner concessions from the witnesses they cross-examine, which will link back to the opening statement and the legal arguments on which they will rely during the closing argument.
Field Sobriety Test Cross-Examination
One of the most critical witnesses that your Walnut Creek DUI attorney will need to cross-examine is the arresting officer who conducted field sobriety tests on you. If the DUI attorney made a point to jurors about the reasonableness of a defendant feeling nervous or afraid as a reason for not wishing to perform these types of tests, he or she will try to bring up this point.
The DUI attorney may direct the conversation as follows:
- Officer, did you ask the defendant to perform a coordination test?
- Did you record that the defendant appeared nervous?
- Did the defendant appear nervous or agitated when you asked the defendant to perform this test?
This can highlight the fact that nervousness was at play during the incident, which the juror may believe is a reasonable ground to perform this test.
If you would like more information on this subject, contact Blackie Burak at 1-866-BLCKDUI.