What a nightmare at Court!

[Badge11]

Just a little advice for you rookies (including myself) BE PREPARED FOR COURT! I just found out the hard way why it is always important to be prepared. I have testified on numerous occasions, usually I would be crossed examined by the defendant himself or by a PD, nothing too difficult. Other times I would show up for court, wait a couple of hours, read a magazine or two, and just wait for the case to be dismissed or continued, which it usually does.
Well, yesterday I had a motions hearing for a DUI. From my experience, and other officers as well, they never go. Boy, was I ever wrong.
The defendant had a high priced glitzy D.U.I. lawyer, the best his well-to-do mommy and daddy could buy. Usually, the DA's will help to prepare you when they think there is a good chance that you will have to testify. This was the DA's second day on the job. So, he calls me from the waiting room and says, "can you have a seat in the court room." I say ok and take a big gulp. No later than five minutes pass and I'm called to testify. Boy did I look like a fool. It was one of my worst experiences ever.
I didn't get much chance to review the case which happened in July, so I wasn't even really prepared to answer some of the DA's questions.
The defendant's attorney was sharp. It seemed as if he knew more about the DUI process than I did (which he probably did, given this was all he worked on, and the state dui hand book is available to them.) He knew everything about the roadsides to the intoxilyzer. Specs, error messages, wait periods, training hours needed, etc. I haven't done too many dui's so my technical knowledge of the intoxilyzer, roadsides, etc. isn't where it needs to be. Beyond that, I wasn't prepared to answer all of the questions about the stop either. So, yes I looked like a fool.
So what I have learned is-
-When you get your subpoena to testify, immediatly grab a copy of the case and study it. Know the times, locations, enviroment, etc. Yes it sounds like common sense to know these things but, after a while you may become complacent.
-Document everything in your reports!
-On duis know your training dates, hours, etc.
-know the proper procedures and techinical questions for the intoxilyzer and the roadside manuevers your agency performs.
-get with one of your depts dui experts, and ask them a few questions on what to expect in court.
-If it is likely you are going to testify, get with the DA before hand.
-Review your dui training manuals before you testify.

Luckily, the judge didn't dismiss much but, I should have been prepared, which I failed miserably to do.
Any of you vets out there have any other suggestions?

[CO_Hopeful]

CopDog,

Chalk that one up for "learning by mistake". Thanks for sharing....I can totally see how a person would get themselves into that. We had Moot Court a few weeks ago in the academy, and just that cross-examination was enough to make most of the students sweat.

I can't imagine having to testify on a high-profile, media-crazed, trial.....that would be the worst.

Anyway, you live you learn, and I guarantee you won't make the same mistake next time around. I've heard many cops tell there horror stories from court, and all of them say it's an art that you learn with time. You are one step closer to mastering the art.

Better luck next time,

[Birky]

Don't sweat it I had a real crappy day in court today too and I have been a cop for five years. It really sucks when the judge jumps in your crap like what happened to me. Don't sweat it just remember what you learned and you will be alright.

[bigz]

CopDog,

I think you pretty much covered what you need to do. I still consider myself a rookie, but I've been doing DUI's for almost 4 years now and have definitely gotten better at testifying. In the previous jurisdiction I worked in one of the local attorneys was similar to the one you described. Despite being a defense attorney he's actually gulp a fairly decent guy. If you asked him how you did on the stand he would tell you after the case was concluded. Seriously I know most of us think those guys are scumbags, and many of them are, but some of them have a vast knowledge of DUI's and how to sway jurors and might just take the time to critique your testimony if you ask them. It's funny though most county court DA's are all fairly new on the job and are sometimes outmatched by their high priced counterparts. I think DUI's are more complicated than homicides in some ways because of all the paperwork and chances to screw something up.


Z

[DelC]

CopDog11,

As they say, experience is the best teacher. Since this was a hearing, be prepared if it goes to trial. The defense will have a copy of your testimony from the hearing and will call you on everything you said (and didn’t know or answered wrong) at the hearing. No doubt, after refreshing your memory, by going over the reports, your testimony at trial will counter some of the things you said on the stand during the hearing. The defense will attempt to make you out as a liar or a dummy, by asking, "Didn't you testify so and so during the hearing and now you are saying the opposite??". But, don’t sweat it and don’t be afraid to admit your account of things was refreshed after reviewing your reports and notes. If you're positive of the facts, stick to them and don't be afraid to say, "I would have to refer to my notes or reports to answer that question". (The defense will always have a copy of all your reports) You should always get with the DA prior to court and lead them through the case step by step, even with the vets. Course a good DA will call you in to summarize the case prior to trial. A favorite of the defense is to ask, “Have you "rehearsed" your testimony you’re giving today”?? And then come back with, “Have you gone over this case with the DA”?? Your answer is “no” to the first and “yes” to the second. Although you go over the details of the case with the DA, you have not been "coached" on what to say on the stand nor have you "rehearsed" your testimony. You reviewed the case together and prepared for court by re-familiarizing yourself with the facts of the case. The DA may have asked you some question that he thinks the defense will ask, but this is not rehearsing or being coached, he is just trying to understand the facts of the case. It gets easier after about 50 court appearances on the same type of cases. (like DWI) Like Bigz said, DWI/DUI are as complicated as homicide cases. Just wait untill you get one that goes before a jury!!

Last but not least, don't fall for the old, "Is it not possible . . . . ." Always answer, "No, that's not possible" and stick to it. "The facts of this case lead to this scenario and from my experience and training, it couldn’t have been any other way, period!!"

[Badge11]

Excellent, excellent advice! thanks guys......

[RWPD_262]

I concur with CopDog - great advice. 262