While most lawyers refrain from putting a DUI client on the stand since they cannot control a prosecutor’s cross-examination, exceptions are sometimes made. For example, it may be worth having the accused testify that this was his first arrest or that he had just taken the proper dose of some special medication shortly before performing poorly on field sobriety tests, just before the arrest.
Whatever the reason your Orange County DUI attorney may have for placing you on the stand, keep in mind that it’s actually up to you to make the final decision as to whether or not you believe you should testify. Once you and your lawyer are convinced that you can do a good job, be sure to listen to all of your attorney’s instructions. If you’ll just stay calm and review some sample questions with your attorney, like those set forth below, you’ll probably do fine.
How a defense lawyer might question his or her own client on the stand
Q: John, have you ever testified in court before?
Q: Since this is your first time, let me first ask you to simply relax and tell the truth. Please state your full legal name and address for the court.
Q: Were you in the habit of often driving in the part of town where you were stopped by the officer on the Saturday night in question?
Q: What caused you to drive into that area that night?
Q: After the concert, did you take any prescribed drug before leaving the coliseum?
Q: How long have you been on that drug?
Q: Has it always tended to make you a bit unstable on your feet? Please tell us what side effects, if any, you have dealt with since you began taking that drug.
Q: Do you remember when I asked the schoolteacher who witnessed your arrest if she was feeling a bit nervous when she took the stand?
Q: Are you feeling a bit nervous now?
Q: Now that you’ve had that drink of water, are you ready to answer a few more questions before the prosecutor begins speaking with you?
Q: Did you tell the officer who stopped you that you had just taken that drug prior to walking the straight line?
Q: What response, if any, did he make to your comment?
Q. Please let me know if any of my questions sound confusing. You can do the same thing once the prosecutor starts questioning you. Just tell me what isn’t clear so I can rephrase my question. You may always take a few moments to think about each question before trying to answer it.
If you are not currently represented by a lawyer, please contact the law office of Chad Maddox at (714) 547-4500, for a free consultation with an experienced Orange County DUI attorney. A list of 'recent victories' achieved by his office can be found at www.gototrial.com/recent-victories.
No comments:
Post a Comment