Challenging the Credibility of Witnesses in a DUI Case
How A Professional Mesa DUI Lawyer Questions The Legitimacy Of An Eye Witness In a DUI Case Court
Getting arrested on suspicion of driving under the influence isn’t the end of the story. Prosecutors still need to build a case against you and to convince a judge that you are guilty. If they can’t do that, the charges against you will be dropped. That’s why it is especially important to hire the best Mesa DUI defense lawyer you can. With the right attorney on your side, you have a better chance of beating the charges or getting reduced penalties.
Your DUI defense attorney in Mesa will look at every aspect of your case to try to challenge all the evidence that will be used against you, including any eyewitness testimony. You may think that witness testimony is irrefutable since there was someone present who is now willing to testify under oath about what they saw. However, there are many ways that your attorney may be able to challenge witness testimony. Here are a few options:
Memory Can be Faulty
Just because a person testifies that they saw something doesn’t mean that it really happened the way they remember it. Our memory can be faulty. And there are a lot of things that can make it even more untrustworthy than usual. Your Mesa DUI attorney will look for ways to challenge the reliability of a witness’ testimony.
One example would be if the witness was under the influence of alcohol or drugs themselves, such as if the accident happened outside of a party. Witness memory can also be challenged if they were sleepy, such as if the accident happened late at night. Your attorney will look at all the circumstances of the case and possibly even question the witness to find anything that might suggest that the person’s memory cannot be trusted.
Findings Can be Subjective
Even if a person remembers an incident correctly, that doesn’t mean that they were right about what happened. For example, a witness may say they saw a person talking on their phone while they were driving. But they may have only seen the person pushing their hair behind their ear, but in that moment, it looked like they were holding a phone to their ear instead. Or, a witness may say they saw a blue car, but the car was actually black and only looked blue because of lighting.
There are many ways that a situation can be seen differently, and your Phoenix DUI attorney will look through all the details of the case to find ways to cast doubt on witness testimony.
Motivations Can be Questioned
Not all witnesses are uninvolved bystanders. Many witnesses can have motivations driving what they tell the police or officers of the court. Some witnesses may know the other driver involved in the accident or some of the passengers injured in the accident. Some witnesses may be actual police officers who are concerned about their record and their career prospects.
Your attorney will look for conflicts of interest that could suggest any unethical motivations on the part of the witness. Raising these conflicts or other information that could suggest bias is one way your attorney may be able to challenge the credibility of the witness.
Eyewitness testimony is just one piece of evidence in a DUI case, but it can be powerful evidence. Your Phoenix DUI defense lawyer will analyze the testimony and the credibility of the witnesses closely to determine if any challenges can be made. Your attorney will also closely evaluate the evidence and challenge it in whatever way possible. Your attorney will look for every legal option to undermine the case against you to help you avoid conviction or to get a reduced sentence and penalties.
Call My AZ Lawyers today if you have been charged with driving under the influence in the Phoenix area. Our experienced DUI defense lawyers will work hard to fight the charges against you, whether it is the first time you have been charged with DUI or you are facing a subsequent charge. We’re committed to helping you protect your record so the charge does not follow you for years. We offer free, same day consultations, as well as the fastest filings possible. Call us today to schedule a consultation with a Mesa DUI defense lawyer and start exploring your legal options.
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