Attacking Bloodshot Eyes

Absence of Baseline

If your arresting officer makes the claim that your eyes were bloodshot the night you were pulled over, your Sacramento criminal defense attorney might attack this claim by drawing attention to the fact that the officer does not have a baseline of how your eyes normally look.  Bloodshot eyes are normal for some people.Sacramento criminal defense lawyer

If bloodshot eyes are not normal for you, there still exist many factors that can cause red eyes.  Allergies, contact lenses, fatigue, and smog may all produce bloodshot eyes.  Tobacco smoke in bars may also irritate eyes.  During cross-examination of the arresting officer, your attorney may raise any or all of these considerations, especially those that are peculiar to you.

Example of a Cross-Examination

Q:  You had never met the defendant before the night you arrested him?
A:  Correct.
Q:  I assume you had never seen his eyes before, since you’ve never met him before?
A:  Correct.
Q:  You are not aware of how his eyes look in the morning?
A:  No, I’m not.
Q:  You are not aware of how his eyes look in the afternoon?
A:  No, I’m not.
Q:  You are not aware of how his eyes normally look after he has been working all day?
A:  I have no idea.
Q:  You have no idea how long the defendant worked that day?
A:  No, I don’t.
Q: You have no idea whether the defendant experiences eye strain while at work?
A:  No idea.
Q:  You don’t have an idea where the defendant is employed?
A:  No, I don’t.
Q:  Are you able to inform the jury how the defendant’s eyes normally look at night?
A:  No, I am not.
Q:  Are you aware that a number of different things may cause bloodshot eyes?
A:  Yes, I am.
Q:  Smog?
A:  Yes.
Q:  Fatigue?
A:  True.
Q:  Contact lenses?
A:  I already said there are other things that can cause it.

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If you have been charged with a DUI and would like to speak with an experienced and knowledgeable Sacramento criminal defense attorney, please call Param Pabla at 916-285-7900.

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