This is a really interesting topic today. It’s how does a good criminal DUI lawyer cross-examine a police officer on an over 80 case?
So we have to go back to how to prove an over 80 it’s a very technical area. There’s a ton of cases, there’s 1000s of cases on this point. And the Crown has to prove a very technical thing so that the police are testifying step by step by step. So when I get the disclosure, that’s the police report. Sometimes I can spot a deficiency or problem which I know it’s going to develop during their evidence okay. So the thing to do when they testify, you’re waiting for that deficiency to happen, and it happens. So let’s assume it happens.
So now I have to say to myself, do I still have to push them more towards the mistake or is the mistake already evident? Because sometimes the answer is, I don’t need to cross-examine. They screwed up. I’ve already won the case. Now that’s a beautiful thing when that happens. Now, another thing is, they’re moving towards that mistake and I need to cleverly and subtly push them without tipping them off. There’s techniques to do this. I won’t get into them but as a DUI the bottom line you have to know the law and my God, you need to have these techniques in place where you’re going to signal your intentions.
So there’s mistakes of omission, which you might not need to cross-examine, or they need, they’ve started to do a mistake which you need to unravel is the bottom line. And this goes, so that’s at a trial that part of trials are also charter applications where you have constitutional arguments, for example, a rights to counsel argument or a reasonable problem grounds argument which I discussed in other videos and I will go through them here. But again, it’s the same thing, has the mistake arisen already.
So it’s so powerful that I don’t even need to cross-examine, or do I need to push them more in the area of that mistake? But here’s the bottom line, a good DUI lawyer, If you find a thread, sometimes you can find the thread and keep unraveling that thread eventually to the person has no clothes off. I’ve seen it happen from good DUI lawyers. You have to know when to push when not to push when to cross-examine, when not to cross-examine, and just keep step by step by step unraveling that thread until you’ve won the case.
That’s how you cross, it sounds easy. It’s not but that’s how you cross-examine over 80 trial to expose technical problems in their case, they have to prove all the prerequisites in the Criminal Code or to attack charter issues where you’re trying to get evidence thrown out. The techniques are all the same. It’s all about the lawyer saying do I need to cross-examine. Have I already won? Or do I need to push this witness more in the direction where it is unraveling that button.