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Randy Goodis, P.A.

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Effective Cross-Examination is Key to Successful DWI Defense - continued

Pattern 3
We have enjoyed great success with this line of questioning. Since ethanol is a central nervous system depressant, it is a powerful line of questioning.

Q. In this case you wrote two tickets, didn't you? One for speeding and the second for DUI?
A. I did.
Q. And based upon the tickets you wrote, your arrest report and your testimony here, the only problems you observed that involved the defendant's driving was speeding and DUI, right?
A. That's quite enough, don't you think?
Q. Absolutely. Are you aware of a federal agency, the National Highway Traffic Safety Administration, known as NHTSA?
A. Yes, I am.
Q. Among their responsibilities is to research and devise way and means of detecting drivers impaired by alcohol, correct?
A. I believe it is.
Q. Then, surely you know there are certain types of driving patterns that indicate alcohol-impaired driving, right?
A. I believe so.
Q. And among those driving patterns that indicate alcohol impaired driving are weaving, driving too slowly and disobeying traffic control devices, right?
A. Yes.
Q. Isn't it true that of the 24 indicators of driving under the influence of an alcoholic beverage, not one of them includes or involves speeding?
A. I guess that's true.
Q. In other words, alcohol, ethanol, which is a central nervous system depressant, isn't it?
A. Yes.
Q. When impaired by a depressant, a person would talk, walk, react and think slower, right?
A. Right.
Q. But the only driving problem exhibited by the defendant before you arrested him for DUI was speeding, right?
A. Yes.
Q. And that's the only improper driving pattern that does not indicate the presence of alcohol, right?
A. I guess so.
Q. Actually, it's just the opposite of what you would expect to observe in a drunken driver?
A. I don't know.
Q. They should be going slower, not speeding, correct?