Under Fredericksburg standards, someone could be considered an expert witness depending on their field expertise. Someone who has training, experience, or education that makes them able to explain the facts of a case to a jury in a helpful way may be admitted as an expert for that purpose.
Depending on the case, an expert witness’s testimony could carry a great deal of weight. By getting in contact with an experienced DUI defense attorney, you could learn a suitable way to use expert witnesses in Fredericksburg DUI cases, and whether it could aid in your defense.
Some expert witnesses the defense may call upon in DUI court include experts in the use of breathalyzers or in reading the results. It is also possible a defense attorney would call an expert in standardized field sobriety tests to comment on the tests that were completed in the case and verify whether they were completed correctly.
It is also possible in an appropriate driving under the influence case that a toxicologist would testify as to the level of alcohol, a rising or falling of blood-alcohol content (BAC), or the possibility of intoxication from drugs.
An expert witness could be used for both the prosecution and the defense’s argument. In the prosecution, the witness could be used to explain evidence to the court and admit evidence against the defendant to prove they are guilty of the offense. An example could be admitting the certificate of breath analysis into evidence, showing that a person’s blood-alcohol content was higher than the legal limit.
The party presenting the expert may ask questions about their expertise and about the case. Both the defense and the prosecution, depending on who called upon the witness, are generally allowed the opportunity to cross-examine.
Depending on the case, an expert witness’s testimony could carry a great deal of weight. In some cases, the only reliable evidence of why a breathalyzer test gives the result it gives, for example, may be from the testimony of an expert being able to explain the likelihood of the result.
An expert witness may be able to explain why a breathalyzer result could be exaggerated or why a breathalyzer result given in court could be a false reading. For example, a medical expert trained in the area may be able to explain an issue with the machine or why an individual who has something such as GERD or acid reflux may have a higher reading on a breathalyzer machine than their actual BAC level.
A talented lawyer may refute or challenge the claims of the government’s experts by examining a potential expert’s credentials and validation prior to appearing in court. It is required for breathalyzer technicians to complete training at specified intervals and a defense attorney may want to verify that they have received that training.
If there is any question about someone’s training or ability to testify as an expert in an area, the attorney may want to cross-examine the potential expert on their education, training, and experience in the area.
The benefits of having an attorney who is educated on DUI law could be simply utilizing their resources and who they may know. Having an idea of who could be helpful for the defendant’s case is another attribute someone should look for in a driving while intoxicated attorney.
A seasoned attorney with knowledge of experts could also have a good idea of the cost and the reputation of potential expert witnesses, which may aid in the defendant’s case. Contact a confident DUI attorney today to help strengthen your case with the help of an expert witness.
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