A One-Time Mistake
I was present for a civil trial before a jury for injuries, property damage, and punitive damages because the defendant was intoxicated at the time of the accident.
Before any defendant ever steps foot in the court, they should’ve been prepped repeatedly with the “standard” questions that could be used for impeachment. He denied everything and was as clean as a whistle.
And at trial, the defense counsel put him on the stand to give him an opportunity to tell the jury of his contrition for his one-time error in judgment, describe the difficult time he was going through, and otherwise show the jury he’s an upstanding member of society.
This was to reduce punitive damages, which went well. The plaintiff cross-examined him, “Earlier, you testified that this was a one-time mistake and you’ve learned your lesson…is that correct?” The defendant confirmed.
The plaintiff asked, “And yet, isn’t it true that you have already been convicted of this in another state?”
The defendant sat silently as his attorney immediately objected, but it’s properly overruled, and he must answer. He said, “yes.”
“Isn’t it true that, in your prior incident, a child was a fatal victim?” You’d thought it was over since it was as if he’d stuck a fork in him and he was well done…But no, he wasn’t done.
He went for the jugular, “Do you remember the name of that little child that you hurt while you were driving while intoxicated?” …And that is why you never, ever lie to your attorney.