Trials in DWI cases are very challenging. Thoughts swirl through my head at counsel table like so many snowflakes in a March Nor’easter! What makes me really crazy, though, is when officers and troopers try too hard to make their case.

Officers are charged with maintaining the peace and apprehending offenders. At the same time, they must find a balance with their obligation to support and defend the Constitutional rights of individuals. This balance reflects the fundamental task of what we want government to do and what we will not tolerate as to how it is done. Such a balance can be upset when testifying officers and troopers try too hard to obtain convictions. This is especially so when the court’s ability to obtain reliable information is diminished because testimony comes from an officer who is the only available fact witnesses.