While the specifics of each DUI trial will differ, there is a good chance
that your attorney will at some point have to challenge the state's
field sobriety test. There are a variety of ways that an experienced attorney can do this,
but an often neglected tactic is to ask the jury hypothetical questions.
These questions can lead the jurors to consider the other factors that
might affect someone's performance on a field sobriety test. Such
questions can illustrate to the jurors the limitations of field sobriety
tests very effectively.
These hypothetical questions can be quite straightforward. Your Orange
County DUI attorney might simply ask a juror, "If I asked you to
stand in front of everyone here and stand on one leg, would you be able
to do it?" This question would illustrate to the juror how nervous
it can make someone being put on the spot like that. If an attorney wants
to drive the point home, he might follow up by asking a different juror,
"Do you think you could walk, heel-to-toe, across a two-by-four on
The juror would likely say that he or she would be able to. The lawyer
would then follow up with, "Do you think you could do the same thing
if the two-by-four was suspended a hundred feet in the air?" The
point of these questions is to lead the jurors to consider the effect
that circumstance and psychological factors can have on field sobriety
test performance. Once the jurors have accepted the fact that nervousness
can hinder someone's performance on a field sobriety test, the attorney
simply needs to illustrate how nervous law enforcement officers can make people.
This too can be done with a hypothetical question, such as "If several
police officers, all wearing guns, started ordering you around, would
it make you nervous?" If you have been charged with a
DUI in Orange County, the expertise of an experienced criminal defense lawyer
is instrumental to defending yourself. Call The Law Office of Barney B.
Gibbs today to schedule a
free initial consultation.