How Much Weight Does the Testimony of a Police Officer Carry in Court?

Interviewer: Does the testimony of police officers carry a lot of weight?

Michael Kramer: Usually the testimony of police officers is all you face. It’s the job of a DWI defense lawyer to make that testimony appear as weak as possible so they lose their credibility, and therefore the necessary proof beyond a reasonable doubt is lacking.

Interviewer: What would you say as a defense attorney in advising whether to contest a DWI bases solely on a police officers observations?

Michael Kramer: I would say that most of the time a police officer’s testimony is given more weight than a motorist’s testimony because they’re sworn to enforce the law whereas a defendant is certainly going to testify in their own self interest. So a prosecutor will argue a police officer has more credibility.

Interviewer: Let’s take 2013, how many refusal cases compared to regular DUI cases did you handle?

Michael Kramer: In Westchester County there are more cases that come in, in which a refusal hearing is involved because word is probably spreading that you don’t get rewarded for taking a test in Westchester County because of that District Attorney’s policy that I referred to earlier. I have handled approximately 25 refusal cases in 2013.

Another Example of a Refusal Hearing Case

Interviewer: Could you share one of the last ones of 2014?

Michael Kramer: The case(s) is(are) still pending, they involve individuals who say they were never advised of their DWI rights, their right to either take the test or refuse it and the consequences of a refusal, although the police officer testified they were.  They involve individuals who were suspected of marijuana use but had some other physical and mental defect that led the officer to believe they were impaired and resulted in arrest, which is presently being contested.

Interviewer: With a DMV hearing, what are some things that people do or say that may hurt their case?  And what are some things that may help their case?

Michael Kramer: At a refusal hearing, you do not want a defendant to testify. If a police officer testifies and makes the bare bones case for a DWI arrest, the individual is going to be found guilty of refusal regardless of what the individual motorist says. I would advise against testifying because anything a defendant says is taken down, and can be used against them at the trial of the matter.

Interviewer: Can the DMV impose the use of an ignition interlock device?

Michael Kramer: Yes, in limited circumstances as a requirement for re-licensing after numerous drinking-driving incidents.

Interviewer: What if a police officer fails to appear at the refusal hearing?

Michael Kramer: A motorist will then be permitted to drive until the next scheduled refusal hearing.

Interviewer: And if there is no appearance of the officer at the second hearing date?

Michael Kramer: The DMV Judge will attempt to find you guilty of refusal based on the “report of refusal” filed by the arresting P.O. The judge will assume everything in the report is true, regardless of what a motorist might say in his/her defense, and if sufficient will find you guilty, without any testimony from the P.O. Thank our wonderful courts for permitting this procedure.