Welcome back to the DUI Trial Lawyers Academy. This podcast is brought to you by SilvaandSilvaLaw.com. Great lawyers helping great people. And now, for your host, sought after speaker, epic mountain bike racer and renown DUI trial lawyer, Patrick Silva.
Welcome back to the DUI Trial Lawyers Academy. This is episode 001. Was there slurred speech or was it how many how many chucks could a woodchuck chuck if a woodchuck could chuck wood? Slurred speech probably shows up in 80 to 90% of all police reports. One of the best ways to counterattack the allegation of slurred speech is to subpoena or through your discovery process, obtain a copy of the dash cam video and or any belt recordings that the officer might have from that arrest. The underlying goal of this cross-examination is to show that the officer did not have a baseline to really and truly identify the driver's speech as being impaired on the night in question.
Officer, you testified earlier that the driver you arrested that night had slurred speech. Is that correct? Are you claiming that this sign of slurred speech is a sign of impairment? Tell us, officer, what is your definition of slurred speech? Is it abnormal speech? Officer, have you ever met the driver prior to the night that you arrested him for the DUI? Officer, do you know whether or not the speech you heard that night from the driver was his normal sounding speech pattern? Do you have any training in the identification of slurred speech? Do you have any training in the identification of abnormal speech? During your DUI training, did you ever receive any type of training from a speech therapist in the identification of slurred speech?
Would you agree that some folks in society having naturally-sounding speech pattern that might sound slurred to the untrained ear? Do you know how many different types of abnormal speech patterns exist today? Officer, do you know different types of causes that might actually cause a person's speech to sound slurred? Could a person's natural slow speech be misinterpreted as slurred speech? Could a person's natural, uneven or abnormal speech rhythm be misinterpreted as slurred speech? Could a person's natural, uneven speech volume be misinterpreted as slow speech. Do you know how many types of slurred speech are temporary? Do you know how many types of slurred speech are permanent?
What we're trying to elicit from the officer is that not everybody in society has perfect pronunciation in their speech pattern.
Officer, did you happen to speak with the driver the next morning when he was released from jail in order to really have a comparison between his speech pattern at the time you arrested him and the time six hours later when he was released from jail? Officer, do you know whether or not the claimed slurred speech that you heard that night was really and truly actually caused by alcohol? What you're saying is you really don't know, correct? The claimed slurred speech that you heard could have been caused by something else. The claimed slurred speech that you heard could have been his normal speech pattern. Did you happen to check the driver's mouth to see if he had a tongue piercing? Officer, is it possible that the driver's natural-sounding voice could have sounded slurred to the untrained ear?
Thank you for listening to this podcast. This is attorney Patrick Silva from SilvaandSilvaLaw.com. Now it's time, put on the boxing gloves, climb into the ring and have a good fight for your client. Have an awesome day. Bye.
Thank you for listening to the DUI Trial Lawyers Podcast. This episode is brought to you by SilvaandSilvaLaw.com.
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Who do you want as your Attorney? The Master or the student? Patrick Silva has 18 years of DUI experience, he has been published in DUI reference books, he has spoken in front of 100's of attorneys at conferences, taught classes to Lawyers on his secrets and strategies, and has a nationally listened to podcast dedicated to teaching other DUI Lawyers How To Win.
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