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New Jersey DWI Police Officer Testimony Defense

Your New Jersey DWI attorney may use a variety of strategies during your court proceedings to cast doubt on the prosecutor’s case. First, your lawyer might highlight any possible police officer’s bias during the officer’s courtroom testimony. For example, your lawyer may ask the officer whether he receives overtime pay to sit in the courtroom and provide testimony in your case. Questionable arrests or cases often increase the likelihood that the officer will need to testify, which in turn allows the officer to earn overtime pay.

Asking the officer about overtime pay does not always result in the jurors’ perception that the officer has a bias. In front of some juries, however, suggested officer bias may help the defendant’s case. In addition, your New Jersey DWI attorney might ask about the officer’s overtime pay to offset the jury’s reaction when the prosecution asks your defense-side witnesses about their fees for testifying as experts.

During cross-examination, your New Jersey DWI attorney might try to contrast bad test results with examples of worse things. This strategy may lessen the negative effect of your results during field sobriety tests. For example, your lawyer may try to turn around the situation if the officer testified about your stumble while taking a walk-the-line sobriety test. Your lawyer might ask questions such as, “He didn’t fall down?” or “Is it correct that he only had a misstep?” This type of questioning may place your test results in a better light.

Lastly, your lawyer may watch the officer during courtroom testimony to look for impeachment opportunities. Your New Jersey DWI attorney will likely introduce any possible impeachment evidence near the start of cross-examination. Establishing impeachment evidence during the early stages of cross-examination may lead to a loss of the officer’s credibility in the jurors’ minds throughout the remainder of your lawyer’s questioning.

Your lawyer might also watch to see whether the officer blushes or has a flushed face — if so, the lawyer may pointedly ask the officer whether alcohol consumption is the only possible cause of a flushed face. If you need assistance with planning the cross-examination strategies for your defense, you may want to consult with an experienced New Jersey DWI attorney.