MOCK TRIAL - SCRIPT 

 
Patrick:​ All rise. [Wait for everyone-except the judge- to stand] Court is now in session. 
 
Honorable Judge Eric Burgess is presiding. Please be seated. 
 
Eric:​ Members of the jury thank you for showing up to court today we would like you to to 
ignore anything you've heard outside the courtroom, to listen to testimony carefully, and to  
raise your hand if you cannot hear. 
 
Eric:​ will the bailiff please swear in the jury. 
 
 
Patrick:​ “Please raise your right hand. Do you swear to tell the truth, the whole truth, and 
nothing but the truth?”  
 
Eric:​ MR. Yu what is today's case 
 
Patrick: ​“Your Honor, today’s case is state of Illinois vs Sansbury. 
 
Eric: ​Calling the case state of Illinois vs Sansbury to session. is the prosecution ready? is the 
defense ready? 
 
Prosecution attorneys:​ yes your honor. 
 
Defense attorney:​ yes your honor. 
 
Eric:​ The prosecution may begin their opening statements. 
 
OPENING STATEMENT OF PROSECUTION  
 
Jasmine : ​I am representing the plaintiff, Logan Lovell. We are here today to prove that the 
defendant, Pat Sainsbury, is liable for driving under the influence and was not able to control 
his vehicle resulting in physical harm and possible loss of swimming scholarship during an 
accident that took place on April 11, 2009. 
 
Archana: ​I am Archana Baskaran representing the plaintiff. 
 
Josh: ​I am Josh Long representing the plaintiff. 
 
 
 
OPENING STATEMENT OF DEFENSE  
We are representing the defendant, Pat Sainsbury. We are here today to prove our client is not liable for
the physical harm, pain and suffering, or the loss of a college swim scholarship of Logan Lovell. 
 
DIRECT EXAMINATION OF PROSECUTION WITNESSES 
Eric:​ The prosecution may now call its first witness 
Patrick:​ “Please raise your right hand. Do you swear to tell the truth, the whole truth, and 
nothing but the truth?”  
 
1. In your words, starting from when you arrived at the party what happened? 
Alex: ​I came to the party expecting to have adult supervision however as soon as a realized 
that there were no adults and that an upperclassman brought alcoholic beverages, I left the 
party. As I was going home a car began to tailgate me. He would not pass me. Then he lost 
control of his vehicle and crashed into my car. 
2. You had a score of .02 on the blood alcohol level test. Can you explain this? 
Alex;​ I had no alcoholic drinks at all. I was shocked to receive a .02. I think cough drops were 
the cause of me getting .02 
3. Can you describe the injuries you received?  
I had a broken collarbone and nose. If the collarbone does not heal right I may lose my chances 
of getting a swimming scholarship. 
Eric​: the witness may be excused 
Patrick:​ “Please raise your right hand. Do you swear to tell the truth, the whole truth, and 
nothing but the truth?”  
 
1. How would you describe the behavior of Pat Sainsbury? 
Keir: ​Sainsbury had balance issues and when I asked him to take the breathalyzer test and he 
got a score of .05. While the legal limit for an adult is .08, Sainsbury is a minor and no amount 
of alcohol is acceptable. 
2. Sainsbury claims that breath strips increased his score. Could they be a factor in his high 
score? 
Keir : ​those definitely could not have increased his blood alcohol level content by that much.  
3. Was there any more evidence of drinking? 
Keir: ​His breath had an odor of alcohol and his van contained two empty beer cans. 
4. Can you tell us about Sainsbury’s driving record  
Keir: ​He has received another DUI.  
5. What citations did you give to Sainsbury? 
Keir: ​I gave him a DUI. I have been a police officer for 12 years and I am sure if alcohol was not 
present the accident could have been avoided.  
6. Did it appear that the people in the van were drinking? 
Keir: ​I believe they all contributed to the accident  
Patrick:​ “Please raise your right hand. Do you swear to tell the truth, the whole truth, and 
nothing but the truth?”  
 
1. Describe the injuries of Logan Lovell   
Abhi:​ ​He had a broken collarbone and nose  
2. Can you describe the recovery rate of Lorell 
Abhi:​ He is healing very slowly however I think he will make a full recovery with intense 
treatment. 
3. What is the long term damage? 
Abhi:​ The long term damage is that he is in risk of having his collar bone broken again. 
4. Is Logan Lovell at risk of losing a swimming scholarship? 
Abhi: ​He will have to avoid physical activities for sometime which means he can’t swim for this 
season. It is very likely that his scholarship will be jeopardized 
6. What is your medical opinion on Lovell claiming that cough drops caused blood content 
0.02? 
Abhi:​Breathalyzers do not measure the amount of alcohol in your system, they measure a 
protein called Ketone that is produced when your body metabolizes alcohol. This can also be 
found after someone has had a cough drop. I think that the cough drops caused the point 0.02 
alcohol level. 
CROSS EXAMINATION OF PROSECUTION WITNESSES 
Alex: 
1. Which direction did you signal to turn prior to the accident? Left  
2. Which way did you turn even though you signaled to the left? To the left  
Mr. Lovell, I remind you that you are under the oath and you are to say the whole truth, 
nothing but the truth. We have countless witnesses as well as an accident report and sketch 
that clearly show that while you did signal to turn left you actually turned right.  
3. Is it true that after you made the wrong turn, you braked suddenly leaving Pat no time 
to brake? Yes  
 
Keir: 
1. In the police report do you state that, and I quote, “Pat Sainsbury has a clean driving 
record, except for this instance.”? Yes   
2. In your testimony, you claim that Pat has received another DUI, do you hamve any 
evidence to prove Pat has gotten a DUI before the night in question?   
Yes 
Thank you that will be all 
Abhi: 
1. In your witness testimony, you claim that cough drops were the cause of Logan’s BAC 
to be .02 correct? Yes, that would be correct 
2. If cough drops alone could get Logan to a BAC of .02, isn’t it possible taking into 
account, Pat being a female and her weight, that Pat’s BAC of .05 was a result of cough drops, 
medicine, breath fresheners and one sip of alcohol? No, breath freshener with cough drops 
and one sip of alcohol does not have enough ketone to raise bac to .05 
3. And if her BAC was a caused by nonalcoholic factors, does that prove that she was not 
intoxicated, and was able to drive without making reckless decisions? No 
DIRECT EXAMINATION OF DEFENSE WITNESSES 
Patrick:​ “Please raise your right hand. Do you swear to tell the truth, the whole truth, and 
nothing but the truth?”  
Quincey Waitrose: 
1. Where were you on the night of April 11, 2009? 
I was at the party that Pat and Logan were at, and I left at the same time they did 
1. Did Pat drink alcohol at the party? 
Yes, but only a sip by accident. Someone handed Pat a can of soda but switched the soda with 
beer. She didn’t mean to. 
2. Were you in Pats car when the accident happened? 
Yes 
3. Was Pat driving safely?  
Yes, she did speed a little but she still had control of the car and it wasn't dangerous 
4. The police claim that Pat was texting and driving, is that true? 
No, someone else in the back of the van was texting Logan off of Pat’s phone. Pat never 
touched her cellphone while he was driving. 
5. 3. Did you witness Logan use his blinker? 
Yes 
6.Which direction did Logans blinker indicate he was turning? 
Left 
7. Which way did he turn? 
Right 
8. Can you explain the empty beer cans in the van? 
Yes, they were Pat’s older brother’s.  
9. Do you believe the crash was Pat’s fault? If so, can you explain? 
No, I do not think the crash was Pats fault. Pat was slightly speeding but not enough to lose 
control of the car. Also, Logan signaled that he was turning left which would have lead to his 
house but he turned right throwing Pat off. On top of signalling to turn in the wrong direction, 
Logan made a sudden break so Pat did not have time to react and break in time which caused 
him to crash into Logan car. 
Attorney:​ Thank you, nothing Further 
We would now like to call our defendant, Pat Sainsbury to the stand.  
Eric: the witness may be excused 
Patrick:​ “Please raise your right hand. Do you swear to tell the truth, the whole truth, and 
nothing but the truth?”  

Pat Sainsbury:  
1. Pat, can you describe yourself as a student? 
I am a very dedicated student. I work hard in school to maintain my grades so I can stay on the 
swim team. I never get in trouble and had never even tasted alcohol until that night. Up until 
then, I have never even received so much as a parking ticket. 
  
1. You were driving behind Logan’s car correct. 
Yes 
2. Was he driving at a constant rate of speed? 
No, he would slow down then speed up. 
 
3. As Logan approached the Second Road what did you witness Logan do? 
Lovell signals to turn left, which would be the direction of his home, and starts to enter the left 
turn lane, but then Lovell slams on the brakes and tries to turn right into the police parking lot 
right in front of me, I had no chance at stopping. 
 
  6. ​Why do you think you had a .05% blood alcohol content? 
During the night of the party I had a really bad cold so I couldn’t really taste or smell anything 
so I had been sucking on throat cough drops all day which may have had a little alcohol in 
them. I was also using breath strips that day because I felt like I had really bad breath from the 
cold and those could have had some alcohol in them as well. I also did have a pretty big sip of 
beer by accident so i’m sure that contributed a lot to my BAC. I also read somewhere that 
having a temperature could lead to a false reading on the breath test. I might have had a slight 
fever which could have caused my reading to be higher that my BAC was.  
 
  7.​ The police officer stated you were of balance is that true? 
Yes, however the ground was very uneven in that area. 
  8. ​Can you explain why the police officer smelt beer on you? 
Yes, some of the kids in the van had brought an O’Doul’s fake beer and had soaked towels and 
were swinging them around in the back of the van. 
 
Patrick:​ “Please raise your right hand. Do you swear to tell the truth, the whole truth, and 
nothing but the truth?”  
 
Raven Burberry: 
1. Mr. Bradbury, is it true you are employed by Mr. Sainsbury’s insurance?
Yes, but I am here just to give my expert opinion.
1. Based on your experience as an expert in auto crash reconstruction, what do you believe caused
Logan’s injuries? ​I believe the airbags of the vehicle caused Logan’s injuries. Certain types of
airbags, like the ones found in his vehicle, cause the types of injuries he had sustained. Lovell had
slowed rapidly and probably was only struck at around 25 mph. This collision speed wasn't even
fast enough for the passenger airbags to deploy.
2. What did the skid marks indicate? ​The skid marks indicate that the Prius had slammed on its
breaks 15 yards before the driveway the had attempted to enter.
3. Do you believe it was possible for the van to break in time after the prius suddenly braked after
turning the wrong way? ​The van being much older and heavier than the prius, could not
physically stop in time when the prius made that turn. Regardless of the blood alcohol content of
the defendant, it would have been impossible for the driver of the van to stop nonetheless.
4. Can you explain maneuverability differentials and the importance of it? ​The prius, being a much
lighter and smaller car, has greater maneuverability and is an incredibly swift and agile car as
opposed to the van which is way less aerodynamic and can be described as much more “clunky”.
It is much harder to control and maneuver the van, but that is not the fault of its driver. There is
absolutely nothing illegal about driving an older car with less agility and maneuverability simply
because it is older.
5. Where was Lovell’s car at the time he slammed on the brakes and began to make a right hand turn
in to the police station?
He was partially in the left hand turn lane.
6. As an expert, who ultimately caused this accident and how? I assert that the driver of the prius,
Lovell, is at fault for this wreck, as he made an incredibly dangerous and illegal turn across traffic
while putting his own safety as well as the safety of other motorists at risk.

CROSS EXAMINATION OF DEFENSE WITNESSES 

Pat Sainsbury  
1. You claimed to have one sip of alcohol, IMPD officials say that 12 ounces of beer would 
make the average person have a BAC 0.025. The police officer said that breath strips, 
 and, throat medication could not make the BAC be increased to .05. One sip of beer 
with breath strips and cough medicine could not reach .05 by itself. How do you explain 
this?  
2. How long ago did your brother drink beer in the van? 
 
Quincey Waitrose  
1. Was Pat visibly drunk? 
No 
Raven Burberry 
1. Do you hold any biases based on the fact that you work Sainsbury? 
2. How was the accident Lovell’s fault if Sainsbury was tailgating? 
3. Why was the airbag deployed if the collision was not fast enough? 
 
CROSS EXAMINATION OF DEFENSE WITNESSES 
Pat Sainsbury  
3. You claimed to have one sip of alcohol, IMPD officials say that 12 ounces of beer would 
make the average person have a BAC 0.025. The police officer said that breath strips, 
and, throat medication could not make the BAC be increased to .05. One sip of beer 
with breath strips and cough medicine could not reach .05 by itself. How do you explain 
this?  
4. How long ago did your brother drink beer in the van? 
 
Quincey Waitrose  
2. Was Pat visibly drunk? 
No 
Raven Burberry 
4. Do you hold any biases based on the fact that you work Sainsbury? 
5. How was the accident Lovell’s fault if Sainsbury was tailgating? 
6. Why was the airbag deployed if the collision was not fast enough? 
 
CLOSING STATEMENT BY PROSECUTION 
On April 11, 2009, a brutal car accident occurred between Logan Lovell and Pat Sainsbury. 
Based on the evidence, based on what you've heard, the answer is clear. Pat Sainsbury was 
under the influence of alcohol when he left the party and as a result, he got into a car accident 
with Logan Lovell costing Lovell his car and potential swimming scholarship. Based on the 
word of the police officer on site, Sainsbury was noticeably intoxicated upon inspection and he 
and his van reeked heavily of alcohol. The evidence that in Sainsbury’s favor is circumstantial 
and can not be proven such as the fake beer cans and the fact that Sainsbury supposedly only 
took one sip. 
We ask that justice is carried out on Pat Sainsbury and that he be convicted of a DUI. 
 
CLOSING STATEMENT BY DEFENSE 
 May it please the court, your honor, opposing council, members of the jury. I along 
with my fellow attorney have presented more than enough evidence to prove beyond a 
reasonable doubt that our client, Pat Sainsbury, is not liable for the damages and loss of a 
college scholarship of Logan Lovell. In the prosecution's closing statement they claim and I 
quote, We ask that justice is carried out on Pat Sainsbury and that he be convicted of a DUI.” 
The prosecution seems to have forgotten that the main purpose of this trial is to prove liability 
and not conviction for DUI. In addition, the prosecution made several inaccurate claims 
throughout the trial which questions their credibility. For example, they claim that my client, 
Pat, has been convicted of a DUI before, which is false information. Logan’s reckless decision 
to signal the wrong way and suddenly brake makes him liable for all damages inflicted upon 
himself. Furthermore, we have also provided substantial evidence that would conclude that 
Pat’s BAC was a result of a combination of cold medication, accidental alcohol consumption, 
breath fresheners, and a possible temperature. Pat was not physically impaired and was 
definitely capable of safely operating a vehicle. In addition, our witnesses have testified under 
the oath that the text messages sent off of Pat’s phone were sent by a friend and were not a 
cause of distraction while he was driving. For this reason, we need a not liable verdict for Pat 
because she should not have to suffer the consequences of Logan’s carelessness. We hope you 
can make the right decision and find my client not liable. Thank you, that will be all.   
 
REBUTTAL -​ N/A 
 
JURY DELIBERATION  
 
VERDICT/SENTENCING - 
 
Eric​-{issues verdict/sentencing} 
 
Eric​ - All rise please. Court is adjourned for the day.