I am preparing an exercise for meeting the most common report writing and DWI traffic stop questions. I already picked: "Why is there some minor detail not in your report?"; "Do you really remember this one case, or are you reading the report?"; and "Isn't it true everyone you arrest has slurred speech and blood-shot eyes?".

Does anyone have any other nominees?

When I was slogging in the ALR hearing arena,I almost always heard this question from the defense attorney: "Officer, isn't it true that you had already decided to arrest Mr. X when you asked him if he had been drinking?." This was always preparatory for the def atty moving to exclude the defendant's answers (usually "two beers") on the ground that the defendant was "under arrest" and "hadn't been properly warned of his rights."

Janette Ansolabehere

don't know if these are what you are looking for but here are the shorthand versions of a few:
1. true that bloodshot eyes are not an indicator of alcohol use?
2.True that it is more difficult for overweight people to perform the 1 leg stand and walk and turn?
3.You swear everything in this report is true and accurate? And you file these with DPS in Austin(DPS cases)? then upon finding a desrepancy with the report and video, You filed a false report with DPS and the report you just told the jury was accurate is not is it?
4.True you did not mention the things the Def. did right on the FST's in the report?
5. Smelled strong odor of alcohol- True alcohol has no smell?

I'm sure others have many more examples, but the main problems I see is the report not matching the video. Ex. I followed the suspect 3 miles after turning on my lights etc. and the video clearly shows only 1/2 mile. Even though there may be minor deviations or just honest mistakes, most come from a lack of paying attention and some I'm afraid to say, result from exageration.

My memory had faded, thats for jump starting it.

From a trial I observed and the officer had no clue how to answer:"You do admit that you have arrested people who were innocent?"
When he said he did not arrest anyone unless they were quilty, the atty proceeded to read off a number of the cases where this officer had arrested people who were found "not quilty" or had cases dismissed--and the officer replied--"well not always....

As someone has now pointed out to me-that may be more the prosecutors responsiblity to keep out collateral matters, but for what it is worth.. it was effective at attacking the officer's credibility

[This message was edited by LV on 11-01-04 at .]