The reserving of an opening statement in first offender DUI trials cannot be overstated when it comes to tactical advantages enjoyed by the simple, yet often overlooked strategical option.
Many assistant state attorney's charged with prosecuting first-time DUI offenders simply lack the experience required to anticipate a defense attorney's reserving of an opening statement. This often results in a flustered prosecution of the claims asserted by the state. Furthermore, by reserving opening, a DUI defense attorney puts a prosecutor on center stage from the onset and effectively prohibits them from catching their breath until the conclusion of their case in chief.
This requires a DUI prosecutor to present key witnesses earlier than expected. Crucial time that may mean the difference between a voluntary dismissal when pressed by a frustrated County Court judge.
More importantly is the fact that by reserving an opening statement, defense counsel learns the entirety of the prosecution's case