Expert Witnesses in Anne Arundel County DUI Cases
An expert witness can help to make a case stronger by providing conclusive testimony, or they could refute the prosecution’s expert witnesses. A local DUI lawyer may be able to help identify which expert witnesses could help your case. An expert could help refute state claims of intoxication by pointing out inconsistencies with the prosecution’s claims.
Anne Arundel Requirements to be an Expert Witness
An expert witness is a person permitted to give conclusions. Most individuals who have relevant evidence or firsthand knowledge of a case is called a lay witness. A lay witness may testify to what they saw or heard, but an expert witness is permitted to give a conclusion. They can make a deduction as to what they believe when a lay witness cannot.
A person may be deemed an expert witness because of their knowledge, training, experience, and education which qualifies them to give a conclusion. For example, the average layperson can say, they saw a person stumble out of a bar, and they smelled alcohol. However, an expert could say that they believe a person was impaired based off of evidence they collected. That is a conclusion as opposed to observation. A skilled DUI lawyer can further clarify the difference between expert and lay witnesses.
What Expert Witnesses Do
Most commonly, experts talk about the results of testing such as the result of a chemical test or the opinion of a drug recognition expert. Based on certain tests and assessments the expert or may determine that a person was impaired. A person is qualified as an expert to give a conclusion that someone was under the influence.
There are many other kinds of expert witnesses. Doctors may be asked to give their opinion on an injury, medical records, or blood tests. There are variations depending on the specific nature of the incident, but those are the most common. A common expert witness in an Anne Arundel County DUI case may be able to help the defense refute evidence.
Refuting the State’s Experts
A defense attorney might hire their own expert to refute the conclusions from the state’s experts. When there is an irregularity in the procedure, a challenge could be made about how the evidence was collected and whether protocol was followed. If the facts presented by the state’s witness can be undermined, that makes the opinion unreliable.
The defense attorneys can and sometimes do retain their own expert to counter an allegation by a state expert, provide context, or make an argument that only an expert can convey. A local DUI lawyer may know the best experts for each specific case.
Common Defense Expert Witnesses in DUI Cases
An expert witness may refute allegations by a state expert regarding how someone performed on a test or how certain things are not reliable. There are always unusual scenarios where an expert might be needed. For example, when somebody suffers from gastroesophageal reflux disease (GERD) also known as acid reflux, results of a breath test can be affected.
A person or an attorney cannot allege that but an expert witness can explain how GERD affects the body. The expert can discuss the symptoms and results, how the alcohol breath read-out can be elevated because of the condition, and how the read-out is not appropriate for anyone who suffers an episode of GERD while the test is being administered. Only an expert can convey that.
The expert with better credentials and presentation skills is the expert believed. Experts are generally given much more credibility and standing than the average lay witness. That is why it is so important to have the right expert challenging a case.
Contact and Anne Arundel DUI Lawyer Today to Learn More
An experienced local DUI attorney may be able to pick the right expert witness in an Anne Arundel County DUI case. An attorney may be able to employ expert witnesses to refute the prosecution’s evidence, potentially helping to improve your case. Call an Anne Arundel DUI lawyer today to learn more about the role of expert witnesses in DUI cases today.