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| "I WANT THE TRUTH!" --A Few Good Men |
CROSS-EXAMINATION: Marrying the Police Officer to his REPORT
One of the most crucial strategies in ANY DWI case (especially DWI Refusal cases), is to trap the police officer to what he wrote down on the night you were arrested for DWI...
We want to the officer to admit that his police report is total and complete --and represents EVERYTHING that was important to the case against you.
Here's an example cross-examining the arresting officer:
Officer you mentioned in your earlier testimony that you received training -- part of your training was learning how to fill out police reports?
You were taught that police reports are to be filled out completely?
Police reports must include every important fact that occurred?
Police reports must be filled out as close in time to the event as possible?
Police reports must be complete and accurate?
You created the police report in this case?
You wrote everything in the report that was important?
You wrote the report about 2 hours after my client was arrested?
People usually remember things most clearly soon after they happen?
That's why police officers right things down immediately?
That's why you wrote down everything in the report about my client close in time to the arrest?
After you finished writing the report, you signed it?
As part of your training, you are aware that writing any false statements on a police report could result in criminal charges against you?
Is this your signature on this report?
You signed this report because it was complete and accurate?
You also had your supervisor sign off on this report as well?
Your supervisor agreed with you that your report was complete and accurate?
Is this your supervisor's signature?
______
NOW...after the officer has verified the completeness and accuracy of his police report, that you point out all of the GOOD THINGS that are OMITTED from his report.
For example --crossing on the GOOD driving...
Officer you said earlier that you stopped my client because he rolled through a stop sign?
Then you followed him for three blocks before you pulled him over?
After the stop sign, he turned right on Elm St?
He maintained his lane during the turn, correct?
[now, if he says NO, I can tell him it's not in his report--and his report is supposed to be "complete and accurate." So either he was lying about his report being complete, or he's lying now. He is trapped.]
He drove the speed limit for three blocks before you pulled him over?
He maintained his lane the entire time?
He was not weaving from side to side?
Other than the stop sign, he was driving correctly for those three blocks?
(etc, etc)
______
BOTTOM LINE:
If you cross-examine the police officer well (whether it is at a DMV civil refusal hearing or a pre-trial suppression hearing or a trial), you can usually point out good things for the accused drunk driver.
It's not what's INSIDE the police report, it's what WASN'T SAID.
Trial strategies and tactics can make or break any criminal case...but especially a DWI case.
Food for thought. If you have questions about your case, give us a call, etc.
