Cross-Examining the Police

 Need a Massachusetts lawyer to defend you in court?  Call our state-wide law firmDUI Lawyers Who Know How To Cross-Examine The Police

If you have been arrested and charged with a DUI (OUI) in Boston, who you choose to represent you as a Boston DUI defense attorney is a critical decision. One of the factors that becomes significant in your defense is the ability to cross-examine police officers. Important parts of the police report about your case can be called into question.

When you have the Massachusetts Criminal Defense Group handling your case, our attorneys will examine every aspect of the police report to ensure its accuracy.

Call the Massachusetts Criminal Defense Group today at 800-82-DEFENSE (800-823-3336). Learn about our 18-point DUI-OUI defense strategy. Free initial consultation.

How To Discredit DUI Police Officers

A tough cross-examination of the reporting officer is part of the legal process. Our questions are closed-ended and require either a "yes" or "no" answer. Each question has a purpose:

  • Are there any portions of your reports where you made a mistake that you would like to correct?
  • Are you a medical doctor?
  • Have you had medical training?
  • Are you a chemist?
  • Have you been trained in chemistry?
  • Are you an ophthalmologist?
  • Have you been trained in ophthalmology?
  • You have received extensive training during your career as a police officer, haven't you?
  • How many total hours of training have you received?
  • Did your training include testifying in court in OUI/DUI cases?
  • Have you watched other police officers testify in court?
  • Were you nervous the first time you ever testified in court?
  • Are you as nervous now as you were then?
  • You would agree that your training and experience in testifying in court is to help make you a more believable-sounding witness?
  • Before trial, didn't I try to talk with you about this case? Didn't I tell you how I just wanted to know the truth from you?
  • You refused to talk with me, didn't you?
  • You had to read your reports and notes prior to testifying today, didn't you?
  • This is because the incident happened a long time ago and you forgot certain facts?
  • Do you recall the name of the person whom you arrested immediately before and after my client?
  • Do you remember the type of shirt my client was wearing?
  • Do you recall the color of the interior of my client's car?
  • Earlier on, you testified that you've conducted 1,500 OUI/DUI investigations, correct?
  • You've arrested 450 people, correct?
  • So then 70 percent of the time, your suspicions were wrong?
  • In your training, were you taught how important it is to follow your training?
  • Why is it important to do so?
  • Do you follow procedures step by step?
  • Were you trained to write complete and accurate reports?
  • When you first observed my client's car, did you conclude he/she had been drinking?
  • Did you sense any odor? (If yes, "Could you tell how much he/she drank?")
  • Did his/her eyes appear to be red and watery? (If yes, "Isn't it true you have seen many motorists who have red and watery eyes and were absolutely sober? There are many reasons for ones' eyes to be red and watery, aren't there? One reason is that the person is tired?")
  • When my client exited the vehicle, you didn't have to assist him/her, did you?
  • Did my client "climb" out of the car?
  • When he/she exited, they didn't stumble, did they?
  • You would agree then that the alcohol didn't affect the ability to exit a car?
  • Did my client leave the vehicle in gear?
  • After my client exited the car, you began to ask a series of questions?
  • Did he/she appear to understand each and every one?
  • Did you understand my client's responses?
  • So, would you agree that the alcohol did not appear to cause mental impairment?
  • Did my client have fumbling fingers or problems with finger dexterity?
  • When you first approached my client, exactly what was the first thing you said?
  • What was the second thing that you said?
  • What was the first thing that he/she said?
  • What was the second thing that he/she said?
  • Would you agree that the National Highway Traffic Safety Administration is the authoritative source of field sobriety testing?
  • Did you take the National Highway Traffic Safety Administration training for field sobriety testing?
  • Was your field sobriety training done pursuant to standards and procedures established by them?
  • Did you have to perform these standard tests in front of an instructor before you could pass the course?
  • Did you pass the course?
  • Now, before you administered field exercises, you asked my client questions, didn't you?
  • What was the first question?
  • What was the second question?
  • What was the third question?
  • You said earlier that you sensed my client slurred his/her speech?
  • Have you heard my client speak many words?
  • More than 10? More than 30? More than 50?
  • What was the one word that my client said in a slurred manner?
  • You indicated my client was polite earlier in direct questioning, didn't you?
  • Did he/she treat you with respect?
  • Did my client say "yes or no, officer?"
  • He/she wasn't belligerent?
  • Disrespectful?
  • Please tell the judge/jury other reasons you indicated my client was polite.
  • He/she submitted to your authority?
  • Didn't resist you?
  • Didn't try to leave?
  • Didn't rush you?
  • Didn't interrupt you?
  • When you were transporting my client to the station/jail, were you driving your vehicle?
  • When you were driving, you were paying attention to the road?
  • Just prior to administering the breath test, you had paperwork to fill out?
  • You had to program the machine with information before my client blew into it?
  • Did you ask my client whether or not he/she had smoked a cigarette prior to the stop?
  • Did you ask whether he/she had anything to eat just before your stop?
  • You were trained that the law requires a 15-minute observation period before a suspect blows into a machine, weren't you?
  • What were you doing at exactly15 minutes before the first blow?
  • Do you know when the thermometer in the simulator was last verified for accuracy?
  • Do you know the theory of operation of the breath machine … how it works and what it does?
  • Your department owns videotape equipment, doesn't it?
  • It also often makes it routine procedure to obtain videotape evidence of OUI/DUI suspects?
  • But you obtained no videotape evidence in this case, did you?
  • You didn't videotape my client while he/she was performing your roadside exercises?
  • In fact, you didn't videotape him/her any time on the day/night of the arrest, did you?
  • All we have is your opinion – a subjective one – and versions of events, correct?
  • You would agree that the video camera has no motive, agenda or bias?
  • Had you obtained videotape evidence, that would show my client's balance and demeanor, wouldn't it?

Learn How We Cross-Examine DUI Officers At Trial. Free Consultation.

The Massachusetts Criminal Defense Group is made up of experienced and aggressive attorneys who defend all criminal charges across the Commonwealth. Learn the secrets of fighting back and cross-examining the police officers at a DUI trial in Mass. Call 800-82-DEFENSE (800-823-3336) or use our online form to get started.