How to Attack Claims of Slurred Speech and Flushed Face
At trial, arresting officers often claim that the defendant’s speech was slurred on the night of the arrest. Accordingly, a highly skilled Orange County DUI attorney might decide to take a very indirect approach when dealing with the officer’s claim at trial.
Nine times out of 10, the arresting officer will not simply concede that a defendant’s speech was normal, especially if he or she has already stated that the defendant’s speech was slurred. That being the case, the DUI attorney will likely avoid questioning the police officer directly with respect to his or her claim of slurred speech.
Alternatively, the attorney might inquire of the officer during cross-examination about some of the replies that were given by the defendant to some of the questions that the officer asked. Once cross-examination is finished, and the judge asks for closing arguments, the attorney can take time to specifically stress the point that the defendant’s speech could not have been slurred all that much because it is clear that the officer understood all of the defendant’s answers to the questions that were posed.
Another approach that an Orange County DUI attorney might use is to seek testimony from the friends or family members who were with the defendant on the night of the arrest. The people who were riding in the car at the time, or those who spoke to the defendant right before he or she drove will have contemporaneous information regarding the clearness of the defendant’s speech.
If you need an Orange County DUI attorney, please call Mike Coffey for a free consultation.