Expert Witnesses & Trial Strategy
Preparing and conducting a DWI trial requires a great deal of strategy and understanding of scientific principles. DWI cases sound simple, but in fact are among the most scientifically intensive criminal defense work in existence. Knowing this information, and how to explain it to a jury or judge requires training, skills, and experience that not all DWI attorneys in Houston possess.
As we prepare the strategy we will use at trial we may decide to include or exclude certain pieces of evidence that might help you on first glance, but may distract or confuse the jury. Ultimately, a jury that is confused about what we present will likely disregard our defense. That is why we have to carefully evaluate each piece of evidence and use only the evidence that will be most useful to defending you against allegations that you were driving while intoxicated in Texas.
Sometimes we will need to call an Expert Witness to help educate the jury about what a piece of evidence really means. This is particularly useful in cases where the State intends to introduce a blood, breath or urine result. If we have to use an expert we will advise you of why we feel it necessary and of the costs associated with doing so. Ultimately, it is your call as to whether we hire such an expert to testify in your case.
Effective DWI Defense Strategies
Important questions any DWI defense lawyer should ask include:
- Did the arresting officers have the necessary reasonable suspicion required to pull you over in the first place?
- Were field sobriety tests administered properly?
- Was the breathalyzer functioning correctly?
- How was the machine calibrated?
- Were proper arrest procedures followed?
- Was a blood test taken, and if so, how was that evidence handled and then later analyzed?
- Was the probable cause statement provided to get a blood draw warrant legally sufficient?
- Did the officer read the DIC form properly?
- Did the officer give you any advice other than that contained in the DIC form?
- Do you have a medical condition that would invalidate the Field Sobriety Tests such as:
- Leg, hip, or back injuries
- Naturally occurring HGN
- Balance problems
- Joint dislocation or injuries
- Hearing loss that would make it difficult or impossible for you to hear the officer’s instructions
- Learning or cognitive disorders that would make it difficult or impossible for you to understand the instructions
- Prior head injury or concussion
- Do you have any medical conditions that would invalidate the breath machine results, such as:
- GERD
- Dentures
- Acid Reflux
- Diabetes
- Do you have learning disabilities that would make you unable to understand the officer’s instructions?
- Did the officer fail to read you the Miranda Warning after you were arrested but before you questioning you about your drinking or other activities?
- Was the officer properly trained to administer the Field Sobriety Tests, and has he had any refresher courses since his initial training?
- Are there mechanical issues with your vehicle that could explain reckless driving, or other driving violation?
If you find yourself in need of a Houston, TX DWI attorney call The Law Offices of Tad Nelson & Associates now! We’ll evaluate your case and build the best defense possible based on the details of your situation.
