Refreshing a witnesses recollection is a method where a lawyer uses any item to refresh a witnesses recollection in court while on the witness stand.  In Ford v. State, A07A0331, April 13, 2007, the Court of Appeals held that a booking photograph can be used to refresh an officer's memory as to who a defendant is and which defendant is which.  The officer stated that he could not tell which defendant was which although he knew they were to the two women at the crime scene.   The Court of Appeals reasoned that "OCGA @ 24-9-69 permits a witness to refresh and assist his memory by the use of any written instrument or memorandum, and does not require the written document so used to have been prepared by the witness, so long as the witness tesifies from his personal recollection.  As long a witness is willing to swear from his memory as refreshed, his memory may be refreshed by any kind of stimulus, a song, or a face, or a newspaper item. 

    Although a disturbing case in some instances, it is a good case for DUI defense when employing officer training manuals for field sobriety evaluations and dui detection, and the Intoxilyzer 5000 operators training manual and Intoxilyzer 5000 refresher course manual.   These manuals are a rich source of information for use in cross examining an Officer and demonstrating incompetence.  

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