After reading Chapter 5, and in your own words, respond to the following situation:
Imagine that one of your best friends, someone you have known since before high school, has been arrested and charged with drunk driving. You were a passenger in your friend’s car at the time of his arrest and were with him at a party for several hours before you got in the car with him. Your friend’s defense attorney wants to call you as a witness and plans to ask you whether, in your opinion, your friend was acting intoxicated at the party or while he was driving. You can honestly answer that you did not observe your friend acting drunk, either at the party or while driving, but you cannot testify about whether he was drinking at the party because you never physically saw him with a drink.
A. Explain whether the trial judge will allow you to answer the question about your friend acting intoxicated, considering that you are not a physician or substance abuse counselor, and therefore would not qualify as an expert.
B. If the trial judge does allow you to testify, explain what your friend’s defense lawyer would need to establish first in order for you to state your opinion as a lay witness.
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