You are on page 1of 4

Introduction / Background

1. Can you please introduce yourself to the court?


2. What do you do for a living?
3. And are you familiar with the defendant, Dan Jones?
4. Could you identify him for the court?
5. How are you familiar with the defendant?
6. And who was the intoxicated person you cited him for selling alcohol to?
7. Before we talk more about that citation for selling alcohol to an intoxicated
person, lets talk more about your professional background.
8. You mentioned you were on the liquor commission in NIta. What is the liquor
commission?
9. How long have you been with the liquor commission?
10. What sort of job do you have with them?
11. What kinds of responsibilities do you have as an investigator with the liquor
commission?
12. As an investigator, have you been trained to recognize when people are
intoxicated?
a. yes.
13. How can you determine if someone really is intoxicated out in the field?
a. What is the process if you believe someone may be under the
influence?
b. Do you administer any tests?
14. In your time on the liquor commission, have you become familiar with any
regulations in nita concerning alcohol?
15. Why do we have regulations on the sale or consumption of alcohol here in Nita?
16.
Setting the Scene
1. Lets talk about the night you gave Dan Jones a citation for the sale of liquor to
an intoxicated person.
2. Now what time did you start working that night?
3. How would you describe your ability to see at that time of night?
4. And where did you go on patrol?
5. What streets is it on?
6. What direction does x street run?
7. And what direction does the other street run?
8. Where is Cut Rate liquor located in relation to those two streets?
9. Could you describe the surrounding area near Cut Rate?
10. And where were you yourself located in relation to cut rate?
11. So when you were facing forward in your car, what was directly in front of you?
12. What was to your left?
13. How far away from cut rate were you?
14. How well could you see cut rate liquor?
15. Could you see the defendant from where you were in your car?

Before Store

1. Earlier you mentioned a man named walter watkins--the man you cited Dan
Jones for selling alcohol to.
2. What time did you first see Mr. Watkins?
3. Where did you first see him?
a. ne corner of jackson street, leaning on a lamppost.
4. Approximately how far away was he from you when you first spotted Mr.
Watkins?
5. How did he appear to you when you first saw him?
6. What did he do after you saw him leaning on the lamppost?
a. pushed off the post
7. Where did he start walking?
a. towards the intersection.
8. Where did it appear he was heading?
a. To cut rate liquor.
9. How did he appear as he crossed the street?
a. he staggered a lot, catched himself before falling.
10. What happened in the middle of the intersection?
11. What happened after he crossed the intersection?
a. Tried to get up over the curb.
12. What happened when he tried to get up over the curb?
a. stepping up, tripped on curb.
13. Where was he in relation to the defendant when he tripped?
14. Based on your years of experience on the liquor commission, did you believe he
was intoxicated at this point?
15. And what did Mr. Watkins do after almost tripping and falling?
a. entered cut rate liquor.
Dan Jones Point of View
1. Now obviously Mr. Bier, you werent working from the defendants perspective,
but Id like to talk about the visibility inside the cut rate liquor store.
2. Where was Mr. Jones working that night?
a. at the cashier.
3. What direction does the cashier face?
a. east
4. What sorts of windows or doors are in the store?
a. one window facing west, one facing east, and a door facing the
intersection.
5. Lets talk about the windows. what was the visibility like in both of the windows?
a. some covering
6. Did these obstructions completey cover the windows?
a. No
7. So how would you describe the ability to see the street thrugh each window?
a. good
8. You mentioned the door. What was the visibility like through this door?
a. some steel bars, only one decal.
9. so how would you describe the ability to see through that door?
a. good.
10. From the cashiers point of view, which of these windows or doors can the
cashier look through?

a. both the door and the east window.


11. So what parts of the street are visible from the viewpoint of the cashier?
a. everything from the intersection, to the southeast portion of james
street, where our patrol car was parked.
12. What of Mr. Watkins walking would have been visible in this viewpoint from the
cashier?
a. crossing intersection, stumbling on curb, etc
Inside the store
1. Now lets talk about what happened inside of the store.
2. How would you describe your ability to see both the defendant and Mr. Watkins?
3. What did Mr. Watkins do after entering the store?
a. walked up to teh counter.
4. What happened when he got to the counter?
a. it appeared they had a brief conversation.
5. What did the defendant do?
a. Jones, after speaking to Watkins, left the cash register and walked
behind to get something.
6. Do you know what he was doing?
a. appeared to be retrieving alcohol.
7. What happened after jones got back to the cashier?
a. Transaction.
8. What did Mr. Jones do with the alcohol he just retrieved?
a. Handed it to Watkins.
9. What did Mr. Watkins have in his hand after the transaction?
a. a brown paper bag.
10. Did you at any time see Mr. watkins touch any of the alcohol?
a. no the only time was when he was buying it.
Outside of the Store
1. Now lets get to what happened after Watkins left the store.
2. What did you and your partner do?
a. Went up to detain him.
3. What do you mean by detain?
4. You mentioned that brown bag. What was in it?
a. Wine.
5. Did you ever find out where that wine was from?
a. Yes, WAtkins indicated he purchased it at the cut rate liquor store.
6. When you detained him, how close did you get?
7. Could you see him well?
8. What sorts of things do you look for in intoxicated people?
9. And how would you describe his appearance on that night to the jury?
10. Could you describe any other characteristics of Mr. Watkins that night?
a. smell
b. slurred speech
11. You mentioned observations that led you to believe he was intoxicated, but what
sort of protocol do you follow before you arrest someone for intoxication?
a. yes
12. How do you determine if someone is intoxicated in public?

a. field sobriety testing


13. How many field sobriety tests should you employ before arresting someone?
a. 3
14. What field sobriety testing did you employ
a. 3 of them
15. What was the first one?
a. Walking heel to toe
16. Why is this a sobriety test?
17. And what were the results?
18. What was the next sobriety test?
a. picking up a coin.
19. Why is this a sobriety test?
a. x
20. How did Watkins respond to this sobriety test?
a. failed miserably
21. And what was the last sobriety test?
a. touching finger to nose
22. Why is that a sobriety test?
23. Watkins result?
a. failure
24. After administrating all three sobriety tests and your observations, what did you
conclude about Mr. Watkins?
a. he was intoxicated. placed under arrest.
Dan Jones
1. After arresting Watkins, what did you do?
2. Heard about citation. what entail.
3. EArlier you described some characteristics that led you to believe Mr. Watkins
was drunk. Do you have any reason to believe Mr. Jones would ahve been able to see
his bloodshot eyes?
4. Any reason to believe that Mr. Jones would have been close enough to smell the
alcohol?
5. And any reason to believe the defendant would have heard Watkins slurred
speech?
6. Did the defendant confirm or deny any of this?
7. what did all of that lead you to conclude.