In a San Mateo drunk driving trial, the prosecution has the advantage of going first. They will be the first to make an opening statement, the first to call witnesses and present evidence, and the first to make a closing argument. This gives them an advantage because they can set the tone for the case and present their side of the story to the jury before your attorney gets a chance to do so.
This sometimes causes San Mateo drunk driving lawyers to focus on countering the prosecution’s story instead of providing a coherent narrative of their own. These lawyers attack every prosecution witness and dispute every irrelevant fact, hoping that reasonable doubt will somehow emerge.
This scattershot approach is a bad idea for a number of reasons. Jurors are able to pick up quite easily on what the lawyer is doing and will reason that attacking everything in sight is a sign of desperation—desperation because you are truly guilty. Additionally, when your lawyer attacks facts that are overwhelmingly supported by the evidence, that makes it less credible when he or she challenges something that is actually in dispute.
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A skilled San Mateo drunk driving lawyer will limit himself or herself to arguing facts that are actually relevant to your innocence. One of the best ways to do this is by establishing a case theme that is catered to the specific facts of your case and what happened around the time of your arrest.
Think of a case theme as a simple statement that explains to the jury what is wrong with the prosecution’s case and why you should be found “not guilty.” “Police didn’t follow testing protocols” could be your case theme, for example, or “The breath test score is higher than your performance on field sobriety tests would indicate.”
Presenting a coherent theme for your case requires more work ahead of time than just blindly countering everything the prosecution says, and you will need to be totally forthcoming with your drunk driving attorney about your case’s strengths and weaknesses. If you have been arrested for drunk driving in San Mateo or the surrounding area, please call for a free initial consultation with experienced San Mateo DWI attorney and DUI defense Lawyer.