Friday, July 18, 2008

Taking a DUI to Trial? Better Bring a Witness

Recent DUI trials, especially GERD cases, have shown that the District Attorney (DA) will make a big deal out of the fact that you had people around with you when you were drinking, and none of those were willing to testify for you. In closing arguments, the DA will tell the jury if there was any truth to what the Defendant said during the trial, and he had witnesses, they would have testified, so you should assume that the Defendant lied to you.
Now, if you do bring someone in to testify on your behalf about your drinking and driving pattern, the DA will argue that they are your friends, and therefore, you ladies and gentlemen of the jury, should not believe them. So, what do you do?


If your witnesses do not have criminal records, bring them in. Better to have the witnesses there and tell the jury what they observed. Just make sure that the witnesses have talked to your attorney, so everyone knows what will be said. Each witness will obviously tell the story a little different and that is alright because everyone sees things a little different, but the overall story should be similar.


That is why your attorney needs to talk to the witnesses to know if there is a major difference in the stories. Take your DUI case to trial, and good luck. I hope you win.

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