Attorney Evaluation of Memory and Ability

Posted on May 22, 2014

Court Room

One of the aspects that a Redwood City DUI lawyer will assess during an initial evaluation is how you will likely perform as a witness. Individuals who are charged with a DUI may fall into one of the categories listed below.

Black Outs

It is not uncommon for a Redwood City DUI lawyer to come across defendants who blacked out at some point during the process. In years past, these types of defendants were assumed to be people who could not provide assistance during the DUI offense. Many times, they would not go on the witness stand. However, with the development of hypnosis, some individuals are able to have their memory restored.

Lapses in Memory

Other defendants who are facing DUI charges may be able to remember the incident, but this memory goes in and out. Hypnosis can often assist individuals who fall under this category. However, this type of witness can be problematic because of the large gaps in memory that he or she may endure on the witness stand and a high-pressure situation.

Solid Memories

Finally, some defendants have solid memories of the incident in question. This type of individual is the best for trial, including jury trials. The individuals’ memory and his or her ability to recount details related to the incident that can help prove that he or she was not under the influence of alcohol.

Other Factors

Your attorney may also evaluate other information during your attorney evaluation. For example, he or she may analyze your ability to sell your story to an audience or whether you might come off in a negative light to a potential jury. Your attorney may also be able to determine how well you can withstand “grilling,” which is similar to the high pressure situation of being cross-examined by the prosecutor in the case. He or she might ask you a series of questions to present a mock representation of what a cross-examination will feel like.

If you would like assistance from an experienced Redwood City DUI attorney, contact Silveira Law at (415) 795-3890 to set up a confidential consultation with a lawyer.