Court Testimony Flashcards

Which type of questioning allows the defense attorney to ask leading questions of the SFST officer?

Answer: Cross-examination

Cross-examination permits leading questions, allowing defense counsel to suggest alternative interpretations of the officer's observations.

An officer notices during testimony that a fact in their report contains an error. What is the appropriate action?

Answer: Correct the error openly and explain what the accurate information is

Officers must correct discovered errors transparently; attempting to conceal or alter records constitutes misconduct and may constitute perjury.

When asked to describe the HGN test during direct examination, an officer should explain nystagmus as:

Answer: An involuntary jerking of the eyes that increases in association with alcohol impairment

Nystagmus is involuntary eye movement; explaining its involuntary nature and relationship to CNS depressants establishes the scientific basis of HGN.

Defense counsel asks: 'Were you wearing your body camera during the SFSTs?' If the camera malfunctioned, the officer should:

Answer: Truthfully state the camera malfunctioned and explain the documentation used instead

Truthful disclosure of equipment malfunction preserves credibility and allows the officer to redirect focus to contemporaneous documentation.

When the prosecutor asks the officer to demonstrate the stimulus movement for HGN in court, the officer should:

Answer: Perform the demonstration accurately, moving the stimulus at the correct speed and distance per NHTSA guidelines

In-court demonstrations reinforce testimony; performing them according to NHTSA standards maintains consistency with field administration.

A defense expert testifies that roadside lighting affected HGN results. How should the officer address this on re-direct?

Answer: Clarify what lighting was present, note that HGN testing protocols account for field conditions, and describe how clues were scored

Documenting actual environmental conditions and explaining protocol adherence refutes speculative challenges more effectively than blanket denials.

An officer on the stand is asked to quantify how many SFST tests they have administered. The purpose of this line of questioning is typically to:

Answer: Establish or challenge the officer's experience and credibility in administering the tests

The number of administrations speaks to the officer's practical experience, which supports or challenges their reliability as a witness.