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Expert Presentation.pptx

Published May 12, 2015 in Business & Management
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Presentation Slides & Transcript

Presentation Slides & Transcript

Your Expert Witness “On A Budget”: The Importance of Using An ExpertBen SessionsThe Sessions Law Firm, 225-7710



Why do we emphasize the role of experts, particularly in DUI defense?Our cases are loaded up with science.

(1) How to conserve your client’s resources (and how to get the job done when there is no money)(2) How to prepare your client for expert witness expenses(3) How to identify appropriate expert witnessesOur Goals for Today

Limiting Your Client’s ExpensesThis really means “knowing your stuff.”

Getting the Foundation You NeedStandardized Field Sobriety Testing Procedures (Exhibit A)(2) Breath Testing Operator Manuals (Exhibit B)(3) Garriott’s Medicolegal Aspects of AlcoholLimiting Your Client’s Expenses

Open Records Requests:Make them a regular part of your practice.Limiting Your Client’s Expenses

Open Records RequestsChemical Tests - Your Test and Testing in General - See, Exhibits C - EOfficers - Training and Disciplinary RecordsGeorgia Peace Officers Standards and Training CouncilP.O. Box 349 Clarkdale, GA 30111Limiting Your Client’s Expenses

The Tahoe Intox - See, Exhibit F

Use Motions to Limit the Need for ExpertsYou absolutely need a court reporter.$200OR$2000Limiting Your Client’s Expenses

Exclusion of Unfavorable Evidence:A motion to suppress or motion in limine is your opportunity to change the facts of the case. Use Motions to Limit the Need for ExpertsLimiting Your Client’s Expenses

Creating a Trial Advantage: Locking Their Testimony InThe most common use of motions to suppress is develop a trial advantage.Use Motions to Limit the Need for ExpertsBe creative to make the testimony you need relevant in motions((MMLimiting Your Client’s Expenses

Cost-Effective Alternatives to Standard Uses of ExpertsConsider a consultationExplore alternative sources of expertsRecognize when an expert will hurt more than helpLimiting Your Client’s Expenses

Timing the retainer of an expert -Later but not the last minuteLimiting Your Client’s ExpensesDo not be afraid to negotiate and peak their interest

Preparing Our Clients for Expert ExpensesStart earlyBe clear that you probably cannot do it aloneIdentify a budget and potential experts early on

Identifying the Appropriate ExpertRecognizing the Type of Expert That May Be Helpful(((1) The “Double Refusal” Case(((2) Submission to Field Sobriety Tests, Refusal of Chemical Test(((3) Submission to Field Sobriety Tests and Chemical Test((

Identifying the Appropriate ExpertWhat part of the State’s case will the expert attack?-v-

Identifying the Appropriate ExpertThe Hybrid Expert v.The SpecialistThere is a place for both, but the decision needs to be consciously made.

The Hybrid Expert For example, field sobriety expert and breath test expertDeviations from standardized protocol in the administration of FSTsFailure to properly administer breath testDisadvantage: What if the FSTs were administered correctly? Identifying the Appropriate Expert

Identifying the Appropriate ExpertThe Specialist Technical expertise in a very defined areaAdvantages: They never appear to be a “jack of all trades”Disadvantage: We have to deal with the rest of the evidence, including coorobatoration

If you think that I can ever help you, don’t hesitate to call or e-mail me: Ben SessionsThe Sessions Law Firm, 225-7710