Massachusetts DWI DUI OUI Field Sobriety Test Police Training Manual

COURTROOM TESTIMONY

Although only a minority of DWI cases actually come to trial, the arresting officer must be fully prepared to testify in court on any case. Testimonial evidence in DWI cases usually is the only way to establish that the accused was in fact the driver of the vehicle alleged to have been involved in the DWI incident. Testimonial evidence also may be the primary and sometimes the only means of establishing that the accused was impaired. Even when scientific evidence is available, supportive testimonial evidence will be required to permit introduction of that scientific evidence in court.

PREPARATION

Testimonial evidence must be clear and convincing to be effective. The first requirement for effective testimony is preparation. Testimony preparation begins at the time of the DWI incident. From the very beginning of the DWI contact, it is your responsibility to:

• recognize significant evidence;

• compile complete, accurate Field Notes;

• prepare a complete and accurate incident report.

Testimony preparation continues prior to trial. Just before the trial, you should:

• review Field Notes;

• review case jacket/file;

• mentally organize elements of offense, and the evidence available to prove each element;

• mentally organize testimony to convey observations clearly and convincingly; and

• discuss the case with the prosecutor.

IN COURT

In court, your testimony should be organized chronologically and should cover each phase of the DWI incident:

• initial observation of vehicle, the driver or both;

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