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The most critical element in a Miami dui trial is the jury selection.
This is because a dui is a crime like speeding that many people regularly engage in. |
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Police Deposition / Cross Examination... |
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| For the majority of police officers the large number of stops they have conducted over the years especially regarding Miami dui offenses run together. If the police officer has a video tape of the stop this will aid him/her greatly in the recollection of the field sobriety tests. If a video tape was not taken more than likely the only details the police officer will remember are in his report. However many police officers feel pressure to give additional testimony as to the field sobriety tests. Therefore when deposing the officer it becomes important to ask him/her about other Miami dui stops he/she has conducted. |
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| This is critical for two reasons |
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- Asking the officer about the prior 5 stops and the 5 stops following could give insight as to entrapment. This would occur for instance if a police officer was staking out a bar or tavern.
- The other critical piece of information to keep track of is how much detail the police officer can give regarding these other stops. This keeps the police officer from embellishing as to his recollection as to the level of intoxication regarding the accused. If he cannot remember other dui stops then a jury will not believe that he can remember with extensive detail information regarding an individual stop.
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