Winning a DUI Trial: Expert Witness

We have experts who often can analyze reports, breath tests, and video recordings to help determine if the arrest was proper and the facts are correctly presented.  For example, when there is no chemical test in a case, the prosecution will rely on the field sobriety tests - particularly the horizontal gaze nystagmus (HGN) - to obtain a conviction.  However, officers frequently do not perform it according to their training, and one of our experts, who used to be an instructor at the police academy, can explain to a jury why the officer's evaluation of the test should be disregarded.  If the blood test has problems (and the Georgia State crime lab has more than its fair share), a forensic toxicologist can explain why the blood test is not reliable.  In better than 80% of our trials we use at least one expert, and it pays dividends in the form of more acquittals.

Winning DUI Trials in Georgia: More Strategies

Improper Stops

• Tips or Anonymous Calls
• Mistake of law
• Failure to maintain lane
• Stopping the wrong car
• Stopping for a hunch or just felt like it
• Stopping a vehicle for a different reason than the officer claims

Improper Arrest

• Improperly Administered Field Sobriety Tests
• Coerced Field Sobriety Tests
• Medical-Physical Conditions
• Illegal Extension of Stop
• Videos Don't Support Arrest Report

Improper Blood Test

• Proper Request
• Statutory Requirements
• Lab Mistakes

Improper Breath Test

• Rules
• Certification
• Certification of Machine
• Interferents
• Machine Not Calibrated
• Machine Malfunction

Procedural Mistakes

• Mirandize/Read Your Rights
• Implied Consent Warning
• Witness Appearance
• Inconsistent Statements by Law Enforcement Officer