[NH] [NH] How do I cross-examine a police officer in court?
Thank you for your patience. You’re in a defensible position, and with 14 days until trial, you have just enough time to prepare strategically — even without an attorney.
To convict you, the prosecution must prove beyond a reasonable doubt that you disregarded the safety of persons or property, or operated in a manner that was a gross deviation from the standard of care a reasonable person would exercise.
Your defense should focus on:
- Lack of direct observation of reckless conduct by law enforcement
- Subjectivity and unreliability of witness statements
- Inconsistencies in the timeline or evidence chain
Request discovery immediately. You are entitled to request:
- The 911 call recording
- Police reports from both towns
- Written witness statements
- The photo and video submitted as evidence
- Officer notes (especially from the first officer who let you go)
Write down a chronological timeline. Build your own factual record:
- Where you were
- When and where you were pulled over
- Who pulled you over first
- What each officer said
- What was alleged and by whom
Use this to identify contradictions in the witness or officer accounts.
When cross-examining the civilian witness, your goal is to undermine credibility, reliability, and motivation. Try to get the witness to admit doubt or lack of clarity, even slightly.
When cross-examining the first officer (who let you go), your goal is to establish that you were not detained for reckless driving by the officer who first had contact with you. This shows lack of probable cause from the first officer and strengthens your defense.
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In New Hampshire, I got charged with reckless driving when a witness called in and reported me, saying I passed him illegally after he split me and my brother from our friend — we were all riding motorcycles together. The evidence against me is the witness statements, the police report, the 911 call, and a picture of me stopped at a red light, along with a video of me stopped when pulled over. How would you go about cross-examining the police officers and witness to get the case dismissed?
Lexi, Chatbot
I'm sorry to hear about the situation you're facing. Can you provide more details about the specific interactions you had with the police officers and the witness during the incident?
I was initially pulled over by the town next to where the incident is alleged to have happened, and the officer told me I was good to go. Right as he said that, the cop from the town where the alleged incident happened showed up and said I was not good to go. He took my license again, ran my information, and wrote me a ticket for reckless driving after talking to the witness.
Lexi, Chatbot
Have you already obtained legal representation for your case, or are you currently looking for a criminal lawyer to assist you with this matter?
No, but yes, I am looking for help with the matter. The trial is in 14 days, on the 18th.
Lexi, Chatbot
Is there anything else the criminal lawyer should know before I connect you? Rest assured, they'll be able to help with your reckless driving charge.
No
Queeneth E. Esq
Hello. My name is Queeneth. I am an attorney with over 8 years of legal experience. I will do my best to assist you today. First, I need to ask you a few questions to give you the best answer. (Kindly note that our conversation does not establish an attorney-client relationship.)
Queeneth E. Esq
What state is your legal issue located in?
New Hampshire.
Queeneth E. Esq
Thank you for the feedback. Please allow me some time to prepare a response. I will get back to you shortly.
Queeneth E. Esq
Thank you for your patience. You’re in a defensible position, and with 14 days until trial, you have just enough time to prepare strategically — even without an attorney.
To convict you, the prosecution must prove beyond a reasonable doubt that you disregarded the safety of persons or property, or operated in a manner that was a gross deviation from the standard of care a reasonable person would exercise.
Your defense should focus on:
- Lack of direct observation of reckless conduct by law enforcement
- Subjectivity and unreliability of witness statements
- Inconsistencies in the timeline or evidence chain
Request discovery immediately. You are entitled to request:
- The 911 call recording
- Police reports from both towns
- Written witness statements
- The photo and video submitted as evidence
- Officer notes (especially from the first officer who let you go)
Write down a chronological timeline. Build your own factual record:
- Where you were
- When and where you were pulled over
- Who pulled you over first
- What each officer said
- What was alleged and by whom
Use this to identify contradictions in the witness or officer accounts.
When cross-examining the civilian witness, your goal is to undermine credibility, reliability, and motivation. Try to get the witness to admit doubt or lack of clarity, even slightly.
When cross-examining the first officer (who let you go), your goal is to establish that you were not detained for reckless driving by the officer who first had contact with you. This shows lack of probable cause from the first officer and strengthens your defense.
Queeneth E. Esq
When cross-examining the second officer (who issued the ticket), your goal is to show that the ticket was based entirely on hearsay, not direct observation.
Emphasize that the charge is based on third-hand reporting, not fact:
- “No officer saw me do anything illegal.”
- “The first officer was going to let me go — no ticket, no citation.”
- “The entire charge relies on one civilian’s subjective opinion — who admitted they didn’t record anything.”
- “The law requires proof beyond a reasonable doubt — this doesn’t come close.”
Take the following with you to court:
- Clean motorcycle gear (to look responsible)
- Timeline of events
- Your prepared questions (typed or written)
- A printout of RSA 265:79 for the judge if needed
- Copies of any discovery you received
Since you’re 14 days out, you still have time to request a continuance if you haven’t received discovery, need to subpoena the 911 recording, or want time to hire a defense attorney. File a Motion to Continue with the court clerk explaining you need additional time to prepare due to late receipt of discovery or the complexity of the case.
You have real opportunities for dismissal or at least for the charge to be reduced (e.g., improper passing or speeding instead of reckless driving). But that depends on how clearly you can show:
- No officer saw you do anything reckless
- The witness testimony is unreliable or vague
- There’s no hard evidence of actual danger or threat
Is there anything else you would like me to explain or any additional information you need? Feel free to ask.
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