For years, police officers have used the “ABC’s” or alphabet test as a means of drunk driving or intoxicated driving detection. Cops can be heard doing the following:
Say the alphabet from A to T or say but don’t sing the alphabet.
There is no science behind this test as a means of detecting drunk driving. None at all. It is unscientific and subjective: the rules change with each giving is the test. Despite these shortcomings, some lawyers don’t know how to cross examine a police officer that still uses this test.
Here is my killer cross examination of a police officer using this subjective test. Pay attention to how I did the following:
- Set up the lack of science;
- Setup the test as subjective meaning that there are no guidelines for how to score it; and,
- Tie that to the case.
Here is how I did it recently:
Notice how I got the officer to concede that it was not scientific and that it was subjective and then proceeded to ask him how our client did on this “subjective” test. By the time I concluded this section of the cross examination, I had proven that
- The officer used an unscientific test;
- Knew it was subjective and unscientific; and,
- Despite the unfairness of it, our client did the test well.
In other words, we undermined the field sobriety investigation and created doubt that our client was jntoxicated.
Stay tuned for more examples of killer cross examinations on www.killercrossexamination.com.