NTL-LAWS AND REGULATIONS-LAWS AND REGULATIONS;NTL-SAFETY AND SECURITY-SAFETY AND SECURITY;
Abstract:
This monograph is designed to provide a comprehensive guide for prosecutors about the fundamentals of a Driving While Intoxicated (DWI) prosecution. As with the prosecution of all other criminal cases, DWI cases have unique statutory elements and evidentiary issues. It is vitally important that before you begin a case analysis, you familiarize yourself with your State statutes pertaining to DWI, the criminal procedure rules, your local court rules, relevant case law, and which breath test instruments are used by your law enforcement agencies (if applicable). Be aware that different agencies throughout your jurisdiction may use different breath test instruments. The prosecution of a DWI case involves the examination of the totality of the circumstances surrounding the incident: operation of the motor vehicle, all visual observations of the defendant made by the police or civilian witnesses, statements made by the defendant, his performance of psychomotor tests (standardized field sobriety tests) and the result of any chemical test (i.e., breath, blood, or urine).
This report documents the results of a study aimed at identifying where and how alcohol-impaired drivers slip through the cracks in the criminal justi...
The objective of this study was to evaluate the effect of Tennessee's two-day mandatory jail sanction for first-offense DWI on general deterrence, spe...
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