Cross Examination of the Arresting Officer
It is important to emphasize that it is only the officer ‘s opinion as to whether or not the defendant was intoxicated!
When there is no breath or blood sample
If there is no breath, blood or urine test then the only evidence generally is the testimony of the officer’s opinion as to your client’s sobriety. Attempt to narrow the officer’s opinion to the standardized field sobriety tests. Focus on how the officer arrived at their opinion. ATTACK the method of giving and evaluating the field sobriety tests. Bad tests bad opinion. This is accomplished by eroding the officer’s credibility by establishing that the officer was trained yet did not follow their training on how to properly conduct the standardized field sobriety tests.
