The client's testimony

• Author: Jonathan Dichter/Bruce Kapsack
• Pages: 303-320

THE CLIENT’S TESTIMONY

6-1

CHAPTER 6

THE CLIENT’S TESTIMONY

PROLOGUE

I. HOW TO EVALUATE WHETHER THE CLIENT SHOULD TESTIFY

A. In General

§6:00 Focus on the State’s Failure and You Won’t Need Your Client’s Testimony

§6:01 To Testify or Not to Testify, That Is the Question

§6:02 Jurors Expect Innocent Clients to Testify

§6:03 Memorandum in Support of Defendant’s Motion in Limine to Limit the Scope of

Defendant’s Cross-Examination

B. Cases That May Call for Client’s Testimony

§6:10 Client’s Testimony Is Only Source of Evidence

§6:11 Client Has Physical Problem That Interfered With SFSTs

§6:12 Client’s Testimony Will Evoke Sympathy

§6:13 Client Has Suff‌icient Physical Evidence to Make Up for Slips

§6:14 Client Has Medical Condition That Interfered With Breath or Blood Tests

§6:15 Client Has Necessity Defense

§6:16 Client Has SODDI a Defense

II. SAMPLE TRIAL EXAMINATION QUESTIONS FOR CLIENT

A. Preliminary Questions

§6:30 Introduction and Setting Client at Ease

§6:31 Why Client Has Decided to Testify

§6:32 Stress on Client on Day of Incident

B. FSTs

§6:40 Direct Examination

§6:41 Cross-Examination

C. Physical Limitations

§6:50 Direct Examination

§6:51 Cross-Examination

D. Refusal

§6:60 Due to Confusion

§6:61 Due to Belief in Right to an Attorney

§6:62 Due to Belief Off‌icer Had No Right to Demand Compliance

E. Rising Alcohol Defense

§6:70 Direct Examination

§6:71 Cross-Examination

F. Medical Condition

§6:80 Direct Examination

THE CLIENT’S TESTIMONY

Innovative DUI Trial Tools 6-2

G. Environmental Exposure

§6:90 Direct Examination

§6:91 Cross-Examination

§6:92 Alcohol to Feel Better

III. CLIENT HANDOUT

§6:100 Ten Rules Every DUI Defense Witness Should Know Before Testifying at Trial:

The Nickel and Dime Mnemonic