For close to 30 years I have been defending drivers in DMV hearings in California. During this period of time I have learned a thing or two about how Hearing Officers think and the manner in which they conduct the case.
In many cases I have my clients testify about the facts and circumstances surrounding the arrest or contact with Police. When I present client testimony it is usually to establish some important fact that will assist me in arguing that the officer failed to investigate the case properly or the client’s rights were violated in some way.
In DUI license suspension hearings I often ask my client to testify about the initial arrest, the breath or blood test or any refusal that is alleged.
What is the most important thing to do to prepare for your testimony?
First, read the officer’s report completely. Pay particular attention to any statement the officer claims you made. It is imperative to be consistent when testifying. If the officer reported that you said you drank two beers, you must be consistent and testify you drank two beers. You see, hearing Officers are trained to find a witness not credible if they give inconsistent statements. So if the officer reports you told him you stopped drinking at 2 a.m., you must testify consistent with that statement. That is, you stopped drinking at 2 a.m.
Read through the report and memorize the statements you gave the officer and stick with those statements.
