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Importance of Expert Witness Testimony in DUI Case


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When people come to my office and I see they have a breath test or a blood test and I know if we go to trial we’re going to need an expert, I tell them what the estimated cost is going to be right at the front end. I do that so that they can budget for that before they decide if they can pay the attorneys fee. They’re going to have to pay both if it goes to trial. Attorneys' fees are in increments and that expert fee won’t be due unless we're going to trial. Without that expert please don't ask me to try to beat a breath test or a blood test because the State is going to get a number in front of that injury.

The only way we can hope to get an acquittal in my view is to put up an expert to show why the machine is not reliable or not worthy of belief. If you go to trial with a great lawyer, let’s say you pick a great lawyer but that lawyer doesn't have a witness to put up to refute the main evidence against you, it’s sort of like buying a Rolls Royce and not having any gasoline to put into the engine. It may look real good and real impressive but it's not going to take you where you need to go. Expert witnesses are the key to many cases in which the state's questionable forensic scientific evidence needs to be contested.

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