Monder Law Group - News
Hiring an Expert In a San Diego DUI Case Is an Important Process
In every single DUI case that goes to trial the most critical aspect of the case is what the expert is going to say on the stand. There are many defenses in DUI cases. However, the vast majority of them require expert testimony to help jurors better understand the facts of the case. Even the most knowledgeable attorneys will need expert testimony at trial. When you retain a private attorney please be aware of the importance of having an expert testify on your behalf if the case proceeds to trial.
Majority of all cases will not proceed to trial. However, if you feel like you have a strong defense, then make sure the attorney knows the type of expert necessary to articulate those facts to the jury. There is a checklist that attorneys go through in selecting and hiring an expert in your San Diego DUI case.
First, a toxicologist is generally preferred over a criminalist. The expert should have participated in some correlation studies. Some experience performing bench work analysis of specimens for alcohol content is virtually mandatory. If someone other than the analyst testifies to an alcohol result at trial that is grounds for a valid hearsay objection under the confrontation clause via Crawford v. Washington. The prosecution should be smart enough to bring in experts that played a role in the preservation of evidence in the case. Sometimes there is chain of custody issue and the certain person responsible does not show up and the prosecutions case is at a stand still. For the defense, it is important to have an expert to pick up where the prosecution’s case ends. This is advantageous for many reasons. The burden is on the prosecution to prove each and every element beyond a reasonable doubt and if our expert pokes holes in the case after the prosecution presents their case in chief, then it becomes a lot easier for a jury to find a defendant not guilty for a San Diego DUI charge.
Anytime I hire an expert for any case I make sure once I get the discovery, the expert also has a copy of it for their personal record. It makes the conversations easier to discuss when the attorney and the expert are on the same page. Always be in constant communication with a toxicologist specialist and not a general criminalist because there is a huge difference in the perception of the jury. As an experienced criminal defense attorney I would not allow a paralegal to try my cases as you should not have a general criminalist testify to what a experienced forensic toxicologist would specialize in. Hiring Monder Law Group, PC you are getting the best in San Diego DUI defense and we would not choose a tier 2 expert to testify on your behalf.