Successfully reported this slideshow.
We use your LinkedIn profile and activity data to personalize ads and to show you more relevant ads. You can change your ad preferences anytime.

CTLA 2014 anatomy of DUI trial

367 views

Published on

http://www.ruaneattorneys.com/dui

Published in: Education, Technology
  • Be the first to comment

CTLA 2014 anatomy of DUI trial

  1. 1. What are some of the things an officer might say leads him to think a person is under the influence?
  2. 2. PROBLEMS WITH SFSTS HGN administered using chin rest but not done in field in first study Single set of data used to determine criterion score Tests are not age and gender neutral In the lab, officers were monitored to confirm accurate administration Actual results varied by the time of day but scoring did not account for this The obesity epidemic had not fully hit America NOT PEER REVIEWED!
  3. 3. WHAT IS NEGATIVE SCORING? How do we address it? ! Bring it up in Voir Dire!
  4. 4. VOIR DIRE IN DUI CASES DISTINGUISH THE PER SE/COMMON LAW CASE LOOK FOR PRIOR FAMILY NEGATIVE INTERACTION DON’T LOOK FOR PERFECT JUROR - LOOK TO ELIMINATE ATTILA THE HUN
  5. 5. THINGS YOU CAN ASK & THINGS YOU CAN’T
  6. 6. HOW DOES THE STATE PROVE A DUI? Driving Stop Contact SFST Arrest
  7. 7. 4 TYPES OF WITNESSES State Police Toxicology Experts Local Police Chemical Test
  8. 8. CROSSING STATE TROOPERS • Get them out of uniform (no guns in courtroom) • they have universal standard of training (get training records and curriculum) • they can be impeached by other troopers (if you know how to ask them questions)
  9. 9. • The SFST Manual isn’t just about SFSTs! • Manual is called “DWI Detection and SFST” • The information in the manual is EVERYTHING a police officer learns about DUI
  10. 10. • Establish this isn’t First DUI arrest – officer knows what A44 is expecting him to report, so he only looks for those things • Establish officer didn’t take notes during the SFST administration. “Officer, can you tell me the third question I asked you today?” Trained to remember things, without notes does he remember questions today? Make sure to set him up, though, and remind him how important his testimony is at the beginning, etc. • Alphabet Test. Ask for validation studies which show the alphabet is an effective test. They were not trained in it at the academy • Don’t cross examine in order of arrest. Close with all the behavior which was not indicative of alcohol consumption • Larry Taylor’s ultimate question: Given the clients performance on the Field sobriety tests, if she had taken a Breath Test which gave a 0.00 result, would you have let her drive off?
  11. 11. Officer Jones Supplemental Report Officer Jones
  12. 12. CROSSING LOCAL POLICE
  13. 13. • Examine the A44 and Narrative. Make sure the “clues” match up - check directions on street for sloppy police work. • Develop the Weather conditions/time of day (Bias of Officer) • Develop Physical Condition of Client upon Stop (did you ask him how long he had been sitting in his car? Do you know my client play professional football for the Patriots and has horrible knees?) • Develop the Officer often pulls people over at night and sees bloodshot eyes etc. so he is predisposed to DUI. • Establish lack of Independent recollection - only writes down incriminating facts (didn’t the client pull the car over properly, put the car in park, roll down the window, etc.) !
  14. 14. • No universal training • Try to interview them before trial - certified letter • Rescoring the Field Tests for them
  15. 15. BREAKING DOWN THE WALK AND TURN Every Little thing becomes something important
  16. 16. • Team • Tells player - For their team the state what to ask him and what NOT to ask him • Always wants to “explain” on cross examination • professorial in demeanor - appears to be unbiased
  17. 17. • Short, Single • Up fact questions front, get him to agree to answer Yes or No
  18. 18. • Ask if it can be answered “Yes” or “No” • Withdraw Question and rephrase • Put up your hand to stop him • Ask Judge to Instruct him to answer just your question • Ask him if answer is “yes” or “no” • Sit down and wait, then ask the question again
  19. 19. Powers: Machine Underestimates by 10-12% Partition ration arbitrarily set at 1:2100 by machine True definition of 1:2100 The higher the partition number, the lower the BAC 2400-2100=300 300/2400=1/8=12%
  20. 20. Individuality Articles have seen ranges from 1:900 to 1:3700 those are in people with “underlying pathologies” Machine is based on 1:2100 ALL DEFENDANTS ARE NOT 1:2100 Results may be accurate if Client is 1:2100 Powers NEVER knows the client’s partition ratio If you ask no other question: ask him this!
  21. 21. Alveolar Air Regulation expects Alveolar air to be tested Powers can’t tell you how long a person has to blow to get to that portion of lung air (hint: you cannot get just alveolar air....ever)
  22. 22. How Alcohol Gets into the Bloodstream
  23. 23. How the Draeger Machine Processes a Sample 8 7 5 4 1 0.08 Gas Solution 6 3 2 9
  24. 24. FOR A BREATH TEST TO BE VALID YOU MUST BE SURE 100% Alveolar Air Post Absorptive 2100:1 or above 34 degrees No belching No reflux No dentures/foreign substances No mouth alcohol No interfering substances
  25. 25. Who has the responsibility to fix potholes? Not ME!
  26. 26. GOOD THEME = HE JUMPED TO A FAULTY CONCLUSION ! BAD THEME = HE’S WRONG
  27. 27. JUDGES/JURIES WANT TO BELIEVE COPS ARE GOOD PEOPLE AND GOT IT RIGHT

×