LISTEN TO THE TESTIMONY

Gary S Bernstein

I tried a case a few weeks ago where the issue was going to be the officer inducing my client not to take the test.  He had an accident avoiding a deer and as a result did poorly on the SFSTs.  I had a witness to the inducement.  However, during his direct exam the officer never mentioned the smell of alcohol or anything about alcohol.  The charges were dismissed.  The officer was pissed to say the least, but he never included it in his answers where it would have been appropriate.  You have to listen and not assume everything that is customary will be said by a witness.