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Welcome back to the DUI Trial Lawyers Academy. This podcast is brought to you by silvaandsilvalaw.com, great lawyers helping great people. Now for your host, sought after speaker, avid mountain bike racer, and renowned DUI trial lawyer, Patrick Silva.
Welcome back to the DUI Trial Lawyers Academy. This is your host, DUI trial lawyer attorney Patrick Silva. In today's podcast, we're going to be discussing what I call tying the officer down to his report. You might be wondering, well, why is it important? Why should I go through these 10 questions? As you're going to see, 10-plus questions that we go through, it's important because it's going to allow you to go back and either admit portions of the report into evidence, use it for impeachment, refreshing memory, et cetera.
Let's go through some of the basic questions when we're trying to tie the officer down to his report. Officer Jones, did you have a chance to review your report before your testimony here today? Officer Jones, did you have a chance to review any audio or video tapes before your testimony here today? Officer Jones, did you have a chance to review any notes you took before your testimony here today? Under these three basic questions, what we're trying to establish is, what did the officer use before his testimony? The reason is, why? Why is because anything that he used prior to his testimony is going to be discoverable, and if you're in California under evidence code 771 you're going to be able to get portions of that into evidence. That's why those three basic questions are important.
Officer Jones, did you have ample opportunity to put every significant fact into the report? Why is that question important? Because, a significant fact is something that the prosecution is going to rely upon in order to try and win their case. What you don't want to do is have the officer get on the stand and say, "Well, you know, I didn't put that in. I didn't think that was important. But, I'm telling you here today, so believe me here today." What you want to establish that, if it's important, if it's something that the prosecution needs to prove their case, then Officer Jones, you sit up, put that in your report. Isn't that true? Then we'll follow it up with another question. Well, Officer Jones, is it your custom and practice to put every significant fact into the report? That just kind of cleaning it up, clarifying again.
Then we're going to not leave them an out, but we're going to go ahead and say, well Officer Jones, are there any errors or mistakes in your report that you want to clean up today before your testimony? Why is that important? Because, through the looping process, when he says something, "Well I didn't put that in in the report because wasn't relevant or I didn't think it needed to be there or I just forgot," then you could come back with, "Well didn't you just testify, Officer Jones, that there weren't any errors or mistakes, and isn't an omission a mistake if it's important?" Then we kind of finish it off with Officer Jones, is there anything that's preventing you from giving your best testimony here today?
Thank you for listening to this short but sweet podcast on tying the officer down to his report. This is DUI trial lawyer attorney Patrick Silva. Put on the boxing gloves, climb into the ring, and have the great battle. Over and out.
Thank you for listening to the DUI Trial Lawyers podcast. This episode 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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