Friday
Dec092011
REFUSAL - AREAS OF CROSS-EXAMINATION
Friday, December 9, 2011 at 7:59PM According to one defence lawyer, when his client is charged with failing to provide a suitable sample, depending on the type of road side screening device that is being used, some of the areas that he will cross-examine the police officer on are:
- inadequate training
- all the error codes the instrument can produce
- loose mouthpiece
- blocked vent hole - hand was positioned over it
- what sounds did the officer hear
- make officer stick to his notes - each time the officer expands beyond the notes, argue that it undermines the officer's credibility and also argue lack of full disclosure