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Why Cops Can Only Testify to Incriminating Evidence in DUI Trials

By Lawrence Taylor

How does a police officer testifying in a drunk driving trial recall every detail of a DUI investigation conducted months earlier? When an officer stops a motorist and suspects that he may be under the influence of alcohol, he begins to mentally record various observations. Was the driving erratic, and in what way? What was his reaction to the red overhead lights? How did he pull over and park? Was there an odor of alcohol on the driver?s breath, and how strong? Could it have come from the passenger? Was the driver?s face flushed, eyes bloodshot, speech thick and slurred? How did he respond to questions and directions? What were his answers to questions such as ?Where are you going? What time is it? Have you been drinking? What? When? Where? How much?? Did he have a current license and registration? Did he fumble with his wallet pulling out his license? Stagger when stepping from the car? What did the passenger say? How did she appear? And so on...continue to full post

Full post as published by DUI Blog on March 15, 2008 (boomark / email).