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View Article  Great Trial Tip for DUI Counsel

J. Gary Trichter of Houston, TX is a first-rate DUI attorney.  He lectures frequently for the National College for DUI defense.  He has developed a dry-erase board setting forth the various burdens of proof that can be used in voir dire or during cross-examination.  You can purchase this board by visiting the "trial graphics" section of the National College for DUI defense web site, www.NCDD.com.  Below is a great piece of information for anyone taking their DUI case to trial:

Experience teaches us that most police officers will testify that they did not form their opinion of probable cause until after they observed the very last intoxication fact and that it was then that they arrested your client. When this happens, leave it alone and don't ask anymore burden of proof questions. By doing so, you can argue in your closing that, even accepting all that the officer said was true, by his own words he only had probable cause, and, that is far short of the required proof beyond a reasonable doubt to convict.