Demonstrative Cross-Examination of an Officer
Larry Taylor

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(Starts in a Random spot question a person in the seminar)

The question you ask him where he is going? Where he is coming from? What time is it? What day of the week is it? What Highway are you on? What is the purpose of these questions?

Student: Well, to let me know that he has an awareness that does not go by alcohol.

You are protesting memory and perception, correct?

Student: well, yes sir.

You are testing that is alcohol has impaired his mental facility.

Student: Yes sir.

Where was he wrong?

Student: He was wrong on the time. He had actually said that the actual time was a little after 2:00 when it was 2:30.

Then he was a half an hour off on the time at that hour of the morning, correct?

Student: Yes sir.

And your ability to see that was the indication of intoxication?

Student: Oh yes sir.

You expect a sober person to tell you exactly what time it was without looking at their watch, correct?

Student: Yes sir.

Anything else that was wrong that led you to believe that this person was intoxicated?

Student: Yes sir, his clothing was disordered and he appeared to be uncooperative.

In other words, he got them all right, correct? Every question you asked, he gave an intelligent response to. He understood each of the 30 to 40 questions you asked him.

Student: I got an answer so apparently so.

Does that indicate to you that there was no impairment of his mental facilities at that point in time?

Student: Well, I didn’t get an answer, so I guess so.

If mental impairment is impaired first and there is no mental impairment, would you be surprised if at that time he was physically impaired?

Student: I’m sorry I didn’t understand the question.

You have testified that mental impairment has occurred at first at a lower level of alcohol concentration?

Student: Yes, sir.

And we have determined apparently according to your question designed to determine whether there was mental impairment, there was not.

Student: I would agree with that. Yes, sir.

Yet, you are testifying that moments later you found physical impairment from his performance on the field of sobriety test?

Student: Yes.

Do you have independent recollection by the way of all the events in this case?

Student: Well, I can review this before I come to court, I believe this is the second or third DUI that I have ran across this particular evening. My job is generally to write down the DUI’s, I generally have to depend upon these reports.

Is it a fact that you read this report a number of times before testifying here today, did you not?

Student: Several times, yes sir.

Do you have the defendant’s recollection of the facts or are you testifying from a ________________

Student: A little of both. Not everyday do I get photographed for a TV session.

Did the ah, defendant, ah, cross over the lane lines, dripped across lane lines?

Student: No, sir.

That’s just common sense, is it not?

"[Unmiked student speaking]" Yes sir

Did he exhibit erratic speed?

"[Unmiked student speaking]" Not erratic

Wouldn’t that be what a sober person would do when he had an officer on his tail?

"[Unmiked student speaking]"

Did he stumble when he was walking?

"[Unmiked student speaking]" I don’t recall

Did he exhibit an unsteady gate?

"[Unmiked student speaking]" I don’t recall

Did he use any profanities when talking with the Police?

"[Unmiked student speaking]" no sir

These are all symptoms you are all looking for, in an DUI investigation, are they not, among others?

"[Unmiked student speaking]" Yes sir