Expert Witnesses in Dedham OUI Cases
The prosecution does not always call expert witnesses in Dedham OUI cases. However, they may want to call an expert witness to testify that the evidence is reliable when there is an issue with the breath test evidence. A skilled defense attorney could contest that testimony.Understanding the Role of an Expert Witness in an OUI Case
The prosecution presents expert testimony as needed in an OUI case. In Dedham, the prosecution may have an expert testify on breath test evidence. To have an expert witness testify in court, the prosecution goes through the same process to make sure the person is qualified for the judge.Qualification of an Expert Witness
The court might qualify someone as an expert witness if they have a record of expertise in their field. An expert demonstrates their expertise through education, experience, publications, and awards. A showing is made before the judge that this person is an expert in their field. The defense counsel asks the judge to recognize the person as an expert. As long as the requirements are met, the judge can qualify expert witnesses in Dedham OUI cases.How a Defense’s Witness Can Challenge the Prosecution’s Case
A defense attorney may present their own expert witness to refute the expert testimony presented by the prosecution. They could also attack the credibility of the expert witness through cross-examination.
Expert witnesses in Dedham OUI cases can be helpful for the defense, especially when a breath test is introduced as evidence. The defense counsel might bring in an expert witness to show why breath test evidence is unreliable, especially as it relates to their client.
For example, when the person has gastroesophageal reflux disease (GERD), an expert witness might testify that a person with this illness has an artificially high breath test result. Expert testimony is required to make that correlation.Examples of What an Expert Can Testify To
Expert witnesses in Dedham OUI cases are sometimes used for breath test evidence. They might testify that the breath test machine is not reliable. If a person is charged with an OUI and has a specific medical condition that could make the result from their breath test artificially high, an expert witness may refute the breath test results. When someone has a medical condition that causes them to exhibit symptoms of alcohol intoxication, an expert witness could be called to testify about the person’s medical condition. They can identify the symptoms and demonstrate that the symptoms have nothing to do with alcohol use.Impact of an Expert in Court
At trial, an expert witness is put on the witness stand. When the witness testifies for the defense, the defense counsel presents the expert’s qualifications. The attorney asks questions of the expert witness that assist their client’s case. Through direct examination, the attorney points to the testimony of the expert witness to prove their argument. The prosecution could cross-examine the expert witness. Many juries and judges tend to place a lot of confidence with a person who is specifically trained in a certain subject. Expert witnesses have a lot of influence in the courtroom.Benefits of an Attorney During Witness Testimony
An attorney who knows reputable experts ensures that an expert witness for the accused is knowledgeable on the subject. The expert witness presents their opinion and their testimony in a way that appears credible to the judge and the jury, and is a professional whose opinion the judges trust. A person should make sure that their defense attorney knows potential expert witnesses in Dedham OUI cases.