Tips for Officers Getting Ready to Testify in an Impaired Driving Case
XIII.
Always tell the truth… period.
Your #1 job is to know the facts of your case. Know your report better than anyone in the courtroom. Avoid ‘cop talk’ and sounding robotic. This makes it difficult for a jury to identify with you. It’s always better to use plain language and be conversational. Avoid acronyms. If you do use them, make sure you know what they stand for.
Refferred to as “painting the picture.” Your report narrative and testimony must “connect the dots” for the jury. Be precise in your investigation, in your report, and in your testimony. Be yourself on the stand. It is part of being confident and comfortable on the stand.
Listen to all the questions from both prosecutor and defense attorney.
Be engaged. It shows the jury you care.
Show your proficiencies in SFST tests. Make jurors familiar with the easily while they are deliberating, which will make it straightforward when they are reaching a verdict. Talk to the prosecutor beforehand about demonstrating the SFSTs to the jury so they can both hear about the test and see it performed. Arrest decisions should be made on observations in all three phases of an impaired driving investigation and should be made on the totality of the circumstances.
Never argue with the defense attorney. It will never work in your favor. Remain calm and collected during both direct and cross examination. Make concessions when they are warranted on cross examination. They make you look credible and reasonable.
Always make eye contact with the jury. They are your audience.
Create a story or visual narrative for the jury to follow.
Always be likable. A jury is more likely to believe a witness they like and can relate with.
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Mothers Against Drunk Driving ®
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