Larry Forman, top DUI attorney of Kentucky, thoroughly questions cop on the stand who accused his client of driving under the influence in Jefferson County. This is one of the best cross-examinations you'll ever witness in a DUI prosecution case. Watch the whole series (links below) to the end to find out what happens to the client's DUI charges!
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Jefferson County District Court.
May 10, 2018
Deputy Bray Direct Examination: 0:00
Deputy Bray Cross Examination: 30:00
Deputy Bray Re-Direct Examination: 45:15
The prosecution did most of the work for me, so I just needed to fill in the gaps in this one, so mine was short and sweet.
Pre-trial motions: https://www.youtube.com/watch?v=PKaih2hT518
Picking the Jury: https://www.youtube.com/watch?v=BGEbkW-NMPs
Opening Statements: https://www.youtube.com/watch?v=xn9lKjA6Bv4
Deputy and Officer Testimony: https://www.youtube.com/watch?v=wSTcXxftroM
Client Testimony: https://www.youtube.com/watch?v=sPBDNzuDsGk
Closing Arguments: https://www.youtube.com/watch?v=WbI29ER6ZOg
BONUS (Just Deputy Bray): https://www.youtube.com/watch?v=mqjSOpsxUzM
Background: Client was stopped for allegedly turning left on a red light by two sheriff's deputies. The deputies both claimed that my client had a "strong odor" of alcoholic beverages coming from his person/vehicle and he was the sole occupant of said vehicle. At the time of the stop, my client was only in the country for about two years, and his grasp of the English language was minimal. Despite this hardship, the deputies never called in an interpreter (who was a radio call away). After my client "failed" the field sobriety tests, despite the fact that he did not understand ANY of the instructions because they were not in his native tongue, he was arrested for DUI and blew 0.153 at the police station which resulted in him being charged with an aggravated DUI (because he blew above 0.150).
A previous attorney was getting ready to plea my client guilty, but because my client was a CDL operator, he could not risk losing his license for a year. So he fired his previous lawyer and came to me. I immediately realized the language barrier issue and filed a motion to suppress the 0.153 BAC due to his lack of understanding the implied consent that was read to him not in his native tongue. Said motion was granted and the number was suppressed.
Notwithstanding this hardship, the prosecution continued to move forward -- emphasizing the principles of "justice" and "fairness" and that my client had to "pay for what he has done." So we proceeded to trial. My client testified. The jury believed him and found him NOT GUILTY on May 10, 2018 in Jefferson County District Court Division 103 with the Honorable Jessica Moore presiding.
Judge: Honorable Jessica Moore, Jefferson County District Court Division 102
Defense attorney: Larry Forman, a.k.a. the DUI Guy
Prosecutor: Kate Mudrak
Arresting Officers: Nicholas Bray, Jefferson County Sheriff's Office
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