Thinking about testifying in your DWI case? You should know what to expect. TDCAA’s “DWI Investigation and Prosecution” handbook offers some insight into the mind of the DWI prosecutor.
Today’s subchapter is called “Crossing the Defendant”, it should have been called “guilty until proven innocent.” Prosecutors are taught to spin or ignore evidence of innocence.
– ADA’s are taught to work out a “time line” of that day’s events with the defendant. Why? Because there is “no credible way the defendant could have kept track of that, so you will either succeed in showing their no memory of times, or he has an overdeveloped memory.”
– What should a prosecutor do if the defendant does not look intoxicated on the video? Drop the charge? Of course not. Argue that the defendant only looks good because of the adrenaline brought on by arrest.
– If the defendant claims the officer was abusive ask the defendant why he/she did not file a complaint with the police department.
– Ask the defendant how often he usually drinks. For regular drinkers argue that the defendant has a high tolerance and would not know if he is drunk. If he is not a regular drinker then argue he would not know his own limits.