In Atlanta DUI cases, an expert witness is classified as somebody who has more experience, education, and training than the average person would have pursuant to a certain subject. Therefore, an expert may not always be who people may normally consider to be an expert.
To understand the role of expert witnesses in your Atlanta DUI case, it is imperative to consult with an experienced attorney as soon as possible. A knowledgeable Atlanta DUI attorney can use or challenge expert witnesses in the scope of your Atlanta DUI case.
Role of an Expert Witness
In a prosecution’s Atlanta DUI case, an expert may come in to present certain evidence such as testimony that the breath test was done correctly, or an explanation of how blood alcohol level would affect a person. An expert witness in an Atlanta DUI case will provide testimony or evidence the average person simply would not know.
At trial, both experts would testify and a jury has to determine which one they believe is more believable or which one they want to listen to. The jury assigns as much weight as they deem necessary in a particular situation.
A defense lawyer may use an expert witness in an Atlanta DUI case to bring in certain evidence that an average person could not testify to, for example, how quickly blood alcohol or how quickly alcohol metabolizes in the bloodstream. Most people would not know that unless the person has some expert education or some further education in the sciences.
Certain other types of evidence would be a reconstruction of accident scenes. An expert can testify as to how an accident happened as most accidents are not captured on videotape. Generally, a defense expert will be brought in to minimize or refute what the state’s expert is saying took place.
In terms of the prosecution, they may call another police officer who has more training than the regular officer. They may call a person who works for the Division of Forensic Sciences, or certain doctors, nurses, scientists, or chemists.
For the defense, there are cases where an officer may not have done a breath test properly, and an attorney can bring in an expert witness to show that the way that the officer performed the breath test on a client would have given an improper or erroneous result.
Further, an expert witness can come in and testify that a client’s eyes may jerk around in their head in an improper fashion all the time and that the client was not drunk, the person simply has this problem all the time.
Expert witnesses can be helpful in many cases, but they are going to provide evidence that the average person would not know or would not have an ability to know. These experts can fill in the dots or any of the openings in the case.
Benefits of an Attorney
Usually, a good lawyer will have certain types of articles, facts, or science to contradict what the witness for the state is going to be saying. In addition, a defense lawyer may provide their own expert to counteract some of what the state’s expert would be utilizing or saying.
There is an expression: “It is difficult to plow with somebody else’s mule.” That means an attorney will not be able to get the state’s witness to say some of the things that the attorney wants him to say. Very often, the person needs a defense witness to come in and testify to that sort of stuff or the evidence that will be favorable to help the person’s case. An experienced lawyer can help combat the prosecution’s expert witnesses in an Atlanta DUI case.