Using the Theme during Witness Examinations
When questioning witnesses for both sides, an experienced DUI defense attorney Napa County, will use the key phrases in connection with the faulty machine theme. The key phrases used could include words, such as “inaccurate,” “break down,” “errors,” “problems,” “faults,” and “flaws.” In addition, a lawyer could relate the theme to common experiences that many jurors are likely to have shared.
The Theme in Regard to the Closing Argument
During the closing argument, a DUI defense attorney Napa County could relate the case theme to the evidence heard by the jurors. There are several ways that a lawyer could accomplish this, including:
- Using a visual support of the theme in the form of a graphic, board, chart or slide presentation to serve as a reminder to jurors of ways in which the witnesses had reinforced the theme.
- Making both practical and emotional arguments to frame the issues regarding the theme for the jury.
- Repeating key phrases that stress the theme using plain, direct and simple language.
- Incorporate the language used when the court instructed the jury into the theme.
A Sample Argument
The following is a sample of the opening sentences that a DUI defense attorney could use in a closing argument based on the faulty machine theme.
Ladies and Gentlemen of the Jury:
As the evidence has shown, like any other machine, the Breathalyzer machine is prone to breaking down. What is not subject to breaking down; however, is our justice system, which you are asked to uphold. The United States justice system operates on the principle that a defendant is considered innocent until the opposite is proven beyond a reasonable doubt. You should consider this legal responsibility as you weigh the evidence provided by a faulty machine. A false, or inaccurate test reading, does not meet the standard of evidence required to prove something beyond a reasonable doubt.
Retaining a DUI Defense Attorney Napa County
If you would like to speak with a DUI defense attorney Napa County about your DUI case, please call The Law Office of Blackie Burak at (925) 933-4500 .