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DUI Trial Testimony: The Car Stop
Q: Officer, you testified on direct that when you first saw my client, he was driving southbound on 7th Street?
A: Yes.
Q: You were driving northbound?
A: Actually I was parked. I was parked facing north.
Q: When you first saw my client, he wasn’t speeding, right?
A: Not that I’m aware, no.
Q: He wasn’t swerving?
A: No.
Q: The only thing you noticed about him was that he driving with a broken headlight?
A: Hm-hmm.
Q: You have to answer yes or no.
A: Yes.
Q: Did you ever issue him a ticket for driving with a broken headlight?
A: No.
Q: You testified that he then made a left turn, a wide left turn, onto Q Street, right?
A: Yes.
Q: And he didn’t use his turn signal?
A: Correct.
Q: Did you ever issue him a ticket for turning without using a turn signal?
A: I did not.
Q: You testified that he had to jerk left, while turning, to avoid striking a parked car on Q Street, right?
A: Correct.
Q: Q Street goes eastbound, right?
A: Yes.
Q: One-way street?
A: Hm-hmm.
Q: One lane?
A: Yes.
Q: And at night there is parking on both sides of the street?
A: To my knowledge.
Q: Were you concerned about public safety when he made this wide left turn, almost hitting a parked car?
A: It was late at night. There was no one on the street.
Q: Were you concerned about him hitting parked cars there on Q Street?
A: Yes. I guess so.
Q: Were you concerned about him hurting himself?
A: Yes.
Q: And yet you waited two and a half blocks before you pulled him over?
A: It wasn’t two and a half blocks.
Q: Well, the next street over from 7th Street is Marion Street, right?
A: Yes.
Q: So it is one block on Q Street from 7th Street to Marion Street, right?
A: Yes.
Q: And then comes 6th Street, right?
A: Hm-hmm.
Q: And that is another block?
A: It is a pretty short city block.
Q: Is that a yes?
A: Yes.
Q: And then you testified on direct that he turned right onto 6th Street?
A: Yes.
Q: And that you stopped him halfway down that block?
A: Maybe it wasn’t halfway down that block.
Q: Was it longer than halfway down the block? Shorter that that?
A: It may have been shorter than that. I remember he stopped in front of a convenience store right around there because the lighting was good. And that was close to the corner.
Q: Officer. Should I do the math?
A: I’m sorry?
Q: Should I do the math? Despite his wide left turn, and your concern for safety, you let him drive for another two and a half blocks before you pulled him over?
A: Like I said. It wasn’t two and a half blocks.
Q: I see.
[pause]Q: And he pulled over right away?
A: Yes.
Q: And he had no problems finding a safe spot and pulling the car over?
A: No.