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DUI Home - > DUI Trial - > Cross Examination - > Response to being pulled over

Cross Examination during a Massachusetts DUI Trial

Defendants Response to Overhead lights and being pulled over.

The Driver's Response to Being pulled over questions help indicate that at this point there is still insufficient evidence for the officer to to determine if the driver was impaired. Officers will typically say that they had not formed an opinion at this point, which says that the driving behavior alone was not sufficient to indicate impairment.

Some Sample Driver Response to OUI stop cross-examination questions:

Nothing in your complete and accurate report suggests that my client's response to your emergency lights was slow or inappropriate?

He responded to your emergency lights in a timely and proper manner?

And he turned right into the first available street lights in response to your emergency lights, didn't he?

Nothing in your complete and accurate report suggests that he failed to signal his right turn?

You didn't issue a citation for failing to signal that turn, did you?

In addition, I may cite helpful cues from the officers training manual. They are trained to look for:

  • Attempt to flee
  • No response
  • Slow response
  • An abrupt swerve
  • Sudden stop
  • Striking the curb, or another object

If none of these reactions took place, I will cite them as lack of evidence for an impaired driver

 

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