Impeachment in Criminal Law
Another way that a DWI defense attorney can impeach a prosecution witness is on the grounds of bias. For example, a DWI defense attorney may show that an expert witness gains a substantial amount of their income from testifying for the prosecution. The attorney may attempt to show that the witness is biased because they are hired for the sole purpose of providing testimony against the defendant and that it is in the expert’s best interest if the defendant be convicted. Such experts may be questioned by the defense in a DWI case regarding the number of times they have testified and the payments they have received for their testimony.
The DWI defense attorney may also impeach the testimony of the arresting officer in the case. The attorney may attempt to show that the officer made a purely subjective decision about the defendant’s intoxication or impairment in the case. The DWI defense attorney may also impeach the arresting officer about departmental quota systems for DWI arrests in an attempt to show the officer’s possible reasons for testifying falsely against the defendant. A DWI defense attorney may impeach the arresting officer about credible allegations of police officer misconduct previously filed against the officer. The attorney may obtain information about prior complaints against the police officer in other DWI cases showing the officer engaged in similar types of misconduct. If there is indeed evidence of other complaints against the officer, this fact would be useful in impeaching the officer’s credibility.
The attorneys with the DWI GUYS are experienced in handling DWI cases. If you need a lawyer with knowledge and experience to handle your DWI case, call the DWI GUYS at 1-800-394-8326.
DISCLAIMER: The exclusive purpose of this article is educational and it is not intended as either legal advice or a general solution to any specific legal problem. Corporate offices for The DWI GUYS are located at 432 N. Franklin Street, Syracuse, NY 13204; Telephone No.: 1-800-394-8326. Prior results do not guarantee a similar outcome.