Police testimony

Prosecutors handling impaired-driving cases may decide to use one or more witnesses to prove their case. Each witness’s testimony serves to prove some fact or element of the case against the defendant. 

During direct testimony, the officer’s responsibility is to present the facts of the case. The officer was the one that saw the incident scene, and the judge and jury did not. The officer must paint a mental picture for the judge and jury. In order to do that, the officer should:1. Testify to what he observed using language geared for the lay person – in other words, don’t use jargon, acronyms, or abbreviations;2. Never guess at an answer to a question; and3. Provide specific descriptive details concerning exactly what the suspect did or was not able to do and explain what these actions mean.

An officer’s testimony should NOT include:1. Testimony or evidence that has been excluded;2. Exaggerated testimony; or3. Testimony that can appear biased for or against the defendant.