Prosecution and Courts: Prosecution Perspective to Provide Understanding
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HOW TO BE AN EFFECTIVE AND CREDIBLE WITNESS IN AN IMPAIRED DRIVING CASE Testifying in court can be a stressful experience, whether it is your first time or twentieth. There are many things about going to court that can make it a stressful experience. These would include not having an opportunity to prepare with the prosecutor beforehand, dealing with aggressive defense attorneys, and having to wait in the witness room for hours only to be told to come back the next day. These factors may be out of your control, but what you can control is how well you know your case and how you handle yourself on the stand. There are three things that will set you up for success on the stand: conducting a thorough investigation, writing an accurate and complete police report, and going over your testimony with the prosecutor. Each one is an important step in helping prepare you for success in the courtroom. A thorough impaired driving investigation should contain three detection phases. These phases are vehicle in motion, personal contact, and pre- arrest screening highlighted in detail with the "Three Phases of an Impaired Driving Investigation are Essential for a Proper Police Report" section of this document. Writing a complete and accurate police report is the next step in preparing yourself to testify successfully in court. Each phase of your impaired driving investigation must be documented in your report. This allows for the report to flow in the same order as your investigation. The more complete the report, the better off you will be on the stand. Omissions and ambiguities always work in favor of the defendant. Always review your report for accuracy. It is easier to correct a mistake early on than in front of a jury. The final step in setting yourself up for success in the courtroom is reviewing your report and preparing with your prosecutor. As previously mentioned, it is important that you and the prosecutor be on the same page when it comes to what is expected of you on the stand. Reviewing your testimony with the prosecutor will help you enter the courtroom with confidence because you will know what questions the prosecutor will be asking you on the stand. Now it is time to testify!
EXPERT WITNESS:
A person skilled in some art, trade, science or profession, having knowledge of matters not within the knowledge of persons of average education, learning and experience, who may assist a jury in arriving at a verdict by expressing an opinion on a state of facts shown by the evidence and based upon his or her special knowledge. (29) NOTE: Only the court can determine whether a witness is qualified to testify as an expert.
Being prepared for your case starts long before you ever step into the courtroom.
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Mothers Against Drunk Driving ®
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