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DUI Home - > DUI Trial - > Cross Examination - > Initial Observations

Cross Examination during a Massachusetts DUI Trial

Initial Observation by the Police Officer

The Initial police observation questions are to help establish at what point the officer formed the opinion that the driver was impaired. Officers will typically say that they had not formed an opinion at this point, which indicates that the driving behavior alone was not sufficient to indicate impairment. 

 

Some Sample Initial Police Observation cross-examination questions:

Let's talk a bit about the driving behavior that first drew your attention to Mr. ______.

When you first observed Mr. _____, he was speeding.

You have written thousands of speeding tickets in your career.

The vast majority of people you have stopped for speeding, you did not suspect of operating under the influence.

Now, your report in relation to this matter does not particularize any other driving behavior suggesting that Mr. ___________ might have been under the influence of alcohol, does it?

And, you would agree that there may have been a perfectly innocent and reasonable explanation for his _____________

When you first observed Mr. ___________'s car, you did not conclude that he was impaired for reason of alcohol consumption, did you?

Based on the driving that you observed, you did not have probable cause to arrest him for OUI, did you?

And, based on the driving that you observed, you did not conclude that he was impaired for reason of alcohol consumption, did you?

There is nothing in your testimony regarding any questioning about the way he was driving.

You didn't conduct any investigation to determine why he drove the way he did.

You didn't ask him why he crossed the line markers.

 

 

 

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