Criminal Defense in Orange County

Cross-Examining about the Flushed Face

A large part of the state's argument in a DUI case will be the testimony of the arresting officer about the symptoms of inebriation he observed when he made the arrest. This is why Orange County DUI defense attorneys make it a priority to challenge the reliability of these symptoms whenever possible. For example, consider the commonly known symptom of alcohol use, the red face.

It is surprising how often this is cited as evidence for drunkenness, despite the fact that there are so many reasons that an individual might have a flushed face that has nothing to do with alcohol. The most glaring examples are that a person might simply have a ruddy complexion. Without seeing a photo of how the person looks normally, it would be impossible to tell how much of the redness is unusual.

Other causes for redness in the face might include sunburn, makeup, and blushing out of embarrassment or anger. This last symptom is especially notable because being pulled over and interrogated often causes both embarrassment and anger. If the arresting officer can be caught blushing at any point during his cross examination, because of a mistake on a diagram or forgetting one of the attorney's names, the attorney could point it out to the jurors, effectively proving his point.

If you have been charged with a DUI in Orange County, make sure you have an experienced criminal attorney who can handle any argument the prosecution makes. Call The Law Office of Barney B. Gibbs today for a free initial consultation.

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