Los Angeles DUI Lawyer Blog
A witness is anyone who observes anything. Literally, in a DUI or other Criminal Case the police officers are the star witnesses because their observations form the foundation for your arrest as well as the basis for criminal charges against you.
For example, in a DUI arrest the officer’s observations thesdriver had been weaving or lane straddlingsprovides the probable cause or legal reason for the traffic stop. Although police officers are supposed to be neutral and unbiased civil servants whose job is to protect and serve, that’s not always the case. A police officer’s job is also to build a criminal case for the prosecutor when they suspect a criminal or vehicle code violation has occurred.sThis can cause one to question the written the neutrality of their observations and opinions.
Theoretically, a defendant in a DUI criminal case is also a witness, but often their statements or recall of events is seen as suspect because it is often tainted because of their perceived bias to minimize or eliminate any responsibility on their part.
Anyone charged in a DUI or Criminal Case can certainly benefits by having a witness which can if they are willing to,stestify to positive aspects of one’s defense, or offer exculpatory evidence which can cast doubts on the observations of the officers or other prosecutor witnesses. A percipient witness is a person who actually observes events which often have led to the defendant’s arrest. This type of witness is the most valuable, since they are often viewed more neutral than the defendant himself.
Another category of witness, call an independent witness can be very valuable as Well.sThis witness is often viewed with more credibility since they are not favoring either side, and often have no ax to grind or motive for falsification, because they often do not know any of the parties. Thesestype of witness are viewed as just telling what they saw, without putting a spin on it, favorable to either the prosecution or defense.
Witnesses have the capacity to convince a prosecutor, judge, or jury of the truth, or lack of truth. In simpler terms, one or more witnesses can not only help show that you are innocent, but, it can also help show that you may be guilty. A careful evaluation, by an experienced Los Angeles Criminal Defense attorney, of the value of any witnesses testimony needs to be carefully reviewed and considered before introducing their testimony at a court or jury trial.