Your Witness Potential
The information you give your Orange County DUI attorney at the initial interview will help your attorney evaluate your potential as a witness. Usually, individuals who have been charged with a DUI offense fall into one of the following three groups.
- The first group consists of those DUI defendants who blacked out. It was previously assumed that an individual who blacked out would not be able to assist in any defense because he or she would have no memory of the situation. The defendant’s lack of memory precluded his or her being put on the witness stand. However, through the use of hypnosis in drunk driving cases, there is now a way to re-awaken that memory.
- The second group consists of DUI defendants who have some recollection of the incident, but such recollection fades in and out. The use of hypnosis may be of assistance to these defendants as well. However, because of the substantial gaps in their memory, they present a risk on the witness stand.
- The third group consists of DUI defendants who have an excellent memory of the incident. These defendants are good candidates for trial, particularly jury trials. The defense can use the defendant’s memory and attention to detailto assist in demonstrating to the court that the defendant was not intoxicated.
Your Orange County DUI defense lawyer will also use the initial interview to help determine from your demeanor if you are capable of “selling yourself” to the jury, or if you would project a negative impression. This factor will come into play when your attorney needs to determine whether to demand a jury trial.
Finally, the initial interview will assist your Orange County DUI attorney in determining if you will be able to withstand the demands of a trial, particularly the prosecutor’s cross-examination. Your attorney may decide to have you undergo a mock examination to get an idea of how you will tolerate actual cross-examination.
If you have been charged with a DUI and would like more information, please contact a DUI defense attorney in Orange County at Coffey and Coffey by calling 800-706-7888.