Stranger yells at cop w/dui suspect "good thing you caught him, he drives like a maniac Is the statement admissable in FL court

Asked over 1 year ago - Cocoa, FL

The driver did get the dui and at the trial the prosecution wants to intoduce the statement of the stranger as evidence Is the statement admissable in a florida court ?

Attorney answers (5)

  1. John Paul Thygerson

    Pro

    Contributor Level 17

    11

    Lawyers agree

    Answered . If the stranger is present to testify @ trial and subject to cross examination.

  2. Heather Morcroft

    Contributor Level 20

    8

    Lawyers agree

    Answered . It may be under a hearsay exception.

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  3. Amanda Powers Sellers

    Contributor Level 10

    8

    Lawyers agree

    Answered . It depends. If the stranger is referring specifically to observations he made about erratic driving at the time of the DUI, the statement is relevant. However, as one of my colleagues noted, he would need to be there to testify to his observations and be subject to cross examination. I would need to know more about the facts of the case to determine whether there is a hearsay exception that would allow the statement in without the witness testifying to it.

    This answer does not, nor is it intended to, create an attorney-client relationship or constitute attorney... more
  4. William David Umansky

    Pro

    Contributor Level 19

    6

    Lawyers agree

    Answered . It could be a hearsay exception but more facts would need to be known.

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  5. Charles K. Kenyon Jr.

    Pro

    Contributor Level 19

    3

    Lawyers agree

    Answered . Is the statement admissible? It should not be at trial. At a hearing about probable cause, it would be, at least here in Wisconsin. At trial, the stranger could be called to testify as to his/her observations.
    Often people think that because it isn’t a murder case, a drunk driving case is simple. Nothing could be further from the truth. These cases can be among the most complex a criminal defense lawyer handles. The government is willing to spend an incredible amount of money to convict you though. They will have expert witnesses available for consultation and trial.

    That you have been charged or that some contraption says your alcohol level was at a certain level does not mean that you are guilty. It certainly does not mean that you can be proven guilty using competent, valid evidence.

    Field sobriety “tests” are designed to give police a reason to arrest. You cannot “pass” them. The police will admit that almost a third of healthy young adults who take these tests without any alcohol will be judged to be “under the influence” – and that assumes they are properly administered!

    After even a first drunk driving conviction, you may face employment discrimination. You will certainly be charged higher for insurance. Having such a conviction will also make you a target for drunk driving arrest in future interactions with police. You will automatically become a suspect.

    You will want a lawyer who is familiar with field sobriety “tests,” perhaps one who is certified to administer these tests. You will want a lawyer familiar with the weaknesses of the contraptions that are used to report alcohol or drug levels. You want an experienced trial lawyer, used to cross-examining police officers. Police officers are practiced, experienced witnesses.

    That is, you want an experienced drunk driving defense lawyer, whether you call the offense DUI, OWI, DWI, OUI, or drugged driving.



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    --- Experienced DUI/DWI/OWI/Drunk Driving Lawyer in Madison, Wisconsin
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    --- Facebook Page Madison (Dane County) Wisconsin Drunk Driving / OWI / DWI / DUI Lawyer
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    --- Field sobriety "tests" – Madison (Dane County) Wisconsin DUI / DWI / OWI / Drunk Driving lawyer
    http://addbalance.com/fieldsobrietytests.htm

    --- Drugged Driving/DUI/DWI/Drunk Driving with Prescription Drugs – Madison (Dane County) Wisconsin
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    --- Which Offenses Count as Priors in Wisconsin? - Madison Dane County Wisconsin DUI OWI Drunk Driving Lawyer answers
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    --- Ten Days to Save Your License - Administrative Suspension and Refusals in Madison (Dane County) Wisconsin
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    I am an experienced Wisconsin drunk driving (DUI/OWI/DWI) defense lawyer practicing in Madison (Dane County) Wisconsin. The laws in each jurisdiction can be very different. I cannot give legal advice over the Internet nor can I establish an attorney client relationship with you.

    If something I say disagrees with what your own lawyer is telling you, you should rely on your lawyer who is familiar with you, your entire case, the local courts and practices.

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