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Initial Stop of Vehicle
Detection of DWI Motorcyclists
National Highway Traffic Safety Administration
Published 2005
This short publication describes a set of behavioral cues that can be used by law enforcement personnel to detect intoxicated motorcyclists. Specifically, fourteen cues are identified that best discriminate between DWI and unimpaired motorcycle operation. Of these fourteen, those classified as "Excellent Predictors" predicted impaired motorcycle operation at least 50 percent ofthe time. These cues focus on the special coordination and balance requirements of riding a two-wheeled vehicle. Those cues classified as "Good Predictors" predicted impaired motorcycle operation 30 to 49 percent of the time.
Affiliation:
Government
http://www.nhtsa.dot.gov/people/injury/pedbimot/motorcycle/610DWIMotorcyWeb/pages/
Available online: click here
Drugs and Human Perfomance Fact Sheet
Fiona J. Couper, Fiona J. and Barry K. Logan
Published 2004
These fact sheets represent the work of a panel of experts who studied methods for identifying the impaired driver on the road, the assessment and documentation of the impairment they display, the availability of appropriate chemical tests, and the interpretation of the subsequent results.
Affiliation:
Government
http://www.nhtsa.dot.gov/people/injury/research/job185drugs/index.htm
Available online: click here
Effective Use of Police Videos in DUI Defense
Steven Obermanand James A. H. Bell
Published 0
This article, published by the National Association of Criminal Defense Lawyers, focuses on using police videos to the advantage of the defendant.
Affiliation:
Defense
http://www.nacdl.org/public.nsf/698c98dd101a846085256eb400500c01/b3b6eb7a0ab1dbbe85256823006c0e7f?OpenDocument
Available online: click here
Basis of Stop
Detection of DWI Motorcyclists
National Highway Traffic Safety Administration
Published 2005
This short publication describes a set of behavioral cues that can be used by law enforcement personnel to detect intoxicated motorcyclists. Specifically, fourteen cues are identified that best discriminate between DWI and unimpaired motorcycle operation. Of these fourteen, those classified as "Excellent Predictors" predicted impaired motorcycle operation at least 50 percent ofthe time. These cues focus on the special coordination and balance requirements of riding a two-wheeled vehicle. Those cues classified as "Good Predictors" predicted impaired motorcycle operation 30 to 49 percent of the time.
Affiliation:
Government
http://www.nhtsa.dot.gov/people/injury/pedbimot/motorcycle/610DWIMotorcyWeb/pages/
Available online: click here
Between the Lines
National Traffic Law Center
Published 2004
Between the Lines is the newsletter of the National Traffic Law Center. The link provided below will take you to a listing of all articles published in the newsletter since 1993. (All articles can be accessed from that page.) The articles focus on issues faced by prosecutors in traffic cases, with an emphasis on DUI cases.
Affiliation:
Prosecution
http://www.ndaa-apri.org/publications/newsletters/between_the_lines_contents.html
Available online: click here
Safety Belt Use in 2004 -- Use Rates in the States and Territories
Donna Glassbrenner, Ph.D.
Published 2004
This brief Research Note provides state-by-state analysis of seatbelt laws and seatbelt use. The Note finds higher seatbelt use in jurisdictions with primary enforcement laws than in those jurisdictions with secondary enforcement laws. Under a primary belt law, motorists can be stopped and ticketed simply for seatbelt nonuse. Under secondary laws, motorists must be stopped for another infraction before being ticketed for seatbelt nonuse.
Affiliation:
Government
http://www-nrd.nhtsa.dot.gov/pdf/nrd-30/NCSA/RNotes/2004/809-813/index.html
Available online: click here
Drugs and Human Perfomance Fact Sheet
Fiona J. Couper, Fiona J. and Barry K. Logan
Published 2004
These fact sheets represent the work of a panel of experts who studied methods for identifying the impaired driver on the road, the assessment and documentation of the impairment they display, the availability of appropriate chemical tests, and the interpretation of the subsequent results.
Affiliation:
Government
http://www.nhtsa.dot.gov/people/injury/research/job185drugs/index.htm
Available online: click here
Sourcebook - The National Agenda: A System to Fight Hardcore DWI
National Hardcore Drunk Driver Project
Published 2003
This Sourcebook, designed as a comprehensive resource for judges and others in reducing hardcore drunk driving, contains a section on "Swift Identification." It addresses focused enforcement strategies such a blanket patrols, sobriety checkpoints, special license plates, standardized field sobriety tests, preliminary breath tests, passive alcohol sensors, in-car videotaping and public information campaigns. It also covers test refusals, excessive paperwork, insufficient look-back periods, statewide DUI reporting systems, and sharing information across state lines.
Affiliation:
Other
http://www.dwidata.org/
Available online: click here
Overcoming Impaired Driving Defenses
Herbert R. Tanner, Jr.
Published 2003
This publication from the American Prosecutors Research Institute identifies the most common defenses used in DUI cases, provides specific strategies for overcoming these claims, and gives useful practice tips for prosecutors. According to this report, the most common defenses involve attacks on the initial stop and arrest; Miranda problems; challenges to the officer's investigation and observations of defendant's driving; improper administering of field sobriety tests; problems with breath testing instruments and results; and the officer's finding of impairment.
Affiliation:
Prosecution
http://ndaa-apri.org/pdf/overcoming_impaired_driving_defenses.pdf
Available online: click here
Video Program Catalog
Michigan Prosecuting Attorneys Coordinating Council
Published 2003
Section 8 of this catalog is a list of videos relevant to the prosecution of DUI cases. The catalog includes videos on the cross-examination of expert witnesses, drug recognition experts, enhancing your case by bringing exhibits to life, standard field sobriety testing, blood alcohol and pharmacology, Datamaster technology, DUI detection, and evidence gathering.
Affiliation:
Prosecution
http://www.michiganprosecutor.org/Downloads/Video_Catalog/videomanual.pdf
Available online: click here
Interactive DWI Trial
New Mexico Judicial Education Center
Published 2002
This simulated DWI trial, based on New Mexico law, addresses various issues that arise in a driving while impaired criminal case. Through a combination of videos and text, judges have an opportunity to make procedural and legal decisions in a situation similar to what they experience in their courtroom. In this virtual courtroom, the user plays the role of judge, including consulting the case file, listening to the testimony, ruling on objections, reaching judgment, and sentencing the defendant on the charges. At the end the user receives feedback on all of the decisions made during the trial.
Affiliation:
Judicial
http://jec.unm.edu/dwi/index.asp
Available online: click here
New Mexico DWI Benchbook: Criminal Proceedings Involving Driving Under the Influence of Alcohol or Drugs
New Mexico Judicial Education Center
Published 2002
This benchbook for general and limited jurisdiction judges provides information on all aspects of driving while impaired criminal proceedings in New Mexico. It covers elements of DWI offenses, initial stops and arrests, field sobriety and blood alcohol tests, implied consent issues, trial, sentencing, and related offenses. The appendices contain DWI case flow charts, penalty charts, charge descriptions for entering case documents into the court FACTS system, Scientific Laboratory Division fact sheets and regulations, and DWI statutes and uniform traffic ordinances.
Affiliation:
Judicial
http://jec.unm.edu/resources/benchbooks/dwi/index.htm
Available online: click here
Traffic Court Program
American Bar Association, Judicial Division
Published 2002
In this program for experienced judges, information was presented on breath testing instruments, the legal aspects of implied consent and chemical testing, recognizing and testing for alcohol impairment, and understanding addiction and treatment. For more information, contact the American Bar Association, Judicial Division, 541 N. Fairbanks Court, MS 13.2, Chicago, Il. 60611, (312) 988-5695.
Affiliation:
Judicial
The Visual Detection of DWI Motorists
National Highway Traffic Safety Administration
Published 2001
This publication from NHTSA describes 24 driving cues that will help law enforcement officers identify impaired motorists. The publication provides detailed information on problems such as maintaining a proper lane position, speed and braking, vigilance and judgment, as well as post stop cues that may indicate intoxication.
Affiliation:
Government
http://www.nhtsa.dot.gov/people/injury/alcohol/dwi/dwihtml/
Available online: click here
Sobriety Checkpoint State Case Law Summary
National Highway Traffic Safety Administration
Published 2000
This chart, which was developed as part of NHTSA's "You Drink & Drive, You Lose" program, provides a summary of the legality of sobriety checkpoints in each of the 50 states.
Affiliation:
Government
http://www.iihs.org/laws/state_laws/pdf/checkpoints.pdf
Available online: click here
A Resource Guide on Racial Profiling Data Collection Systems: Promising Practices and Lessons Learned
Deborah Ramirez, Jack McDevitt, and Amy Farrell
Published 2000
Because data on the nature, character, and demographics of police activity can address public allegations of discriminatory policing and racial profiling, the U.S. Department of Justice developed this monograph to encourage voluntary data collection. The monograph discusses the nature of racial profiling; describes data collection and its purpose; discusses current data collection activities in California, New Jersey, North Carolina, and Great Britain; and makes recommendations for the future.
Affiliation:
Government
http://www.ncjrs.org/pdffiles1/bja/184768.pdf
Available online: click here
Annual Traffic Seminar
Institute of Continuing Judicial Education
Published 2000
In this two-day seminar, judges learn about the use of Intoxilyzer 5000, indications of drug impairment, laying a foundation for police officer testimony, the pharmacological impact of combining alcohol and marijuana or presecribed medications, and synergistic impairments. This seminar followed a lecture format with demonstrations of diagnostic instruments. For more information, contact the Institute of Continuing Judicial Education, 123 Dean Rusk Hall, University of Georgia, Athens, GA. 30602, (706) 542-5150.
Affiliation:
Judicial
Evaluation of Checkpoint Tennessee: Tennessee's Statewide Sobriety Checkpoint Program
John H. Lacey, Ralph K. Jones and Randall G. Smith
Published 1999
This report for NHTSA examines the extensive statewide sobriety checkpoint program implemented by Tennessee (Checkpoint Tennessee). Checkpoints were scheduled on each weekend of the year in at least four counties in the state. On five weekends checkpoints were scheduled in each of the state's 95 counties. The volume of checkpoints increased from about 15 in the preceding year to nearly 900 in the program year. The program resulted in a 20.4% reduction in alcohol related crashes extending at least 21 months after conclusion of the formal program. This resulted in a savings of nine fatal alcohol-related crashes per month in Tennessee.
Affiliation:
Government
http://www.nhtsa.dot.gov/people/injury/research/ChekTenn/ChkptTN.html
Available online: click here
Effective Use of Police Videos in DUI Defense
Steven Obermanand James A. H. Bell
Published 0
This article, published by the National Association of Criminal Defense Lawyers, focuses on using police videos to the advantage of the defendant.
Affiliation:
Defense
http://www.nacdl.org/public.nsf/698c98dd101a846085256eb400500c01/b3b6eb7a0ab1dbbe85256823006c0e7f?OpenDocument
Available online: click here
Officer Activity
Breath Test Refusals in DWI Enforcement
T.J. Zwicker, J. Hedlund, and V.S. Northrup
Published 2005
Although stronger DWI laws have helped reduce the number of people who drink and drive, the same laws may have also increased the number of people who refuse a breath test. While such a refusal may subject these drivers to serious implied consent penalties, it may also help them avoid a DWI conviction. Given these circumstances, this NHTSA interim report describes background information about breath test refusal rates and the extent of the problem resulting from recent changes in laws, reviews the refusal and DWI laws for each State, and discusses two recommended strategies for reducing breath test refusals.
Affiliation:
Government
http://www.nhtsa.dot.gov/staticfiles/DOT/NHTSA/Traffic%20Injury%20Control/Articles/Associated%20Files/Breath_TestRefusals.pdf
Available online: click here
Overcoming Impaired Driving Defenses
Herbert R. Tanner, Jr.
Published 2003
This publication from the American Prosecutors Research Institute identifies the most common defenses used in DUI cases, provides specific strategies for overcoming these claims, and gives useful practice tips for prosecutors. According to this report, the most common defenses involve attacks on the initial stop and arrest; Miranda problems; challenges to the officer's investigation and observations of defendant's driving; improper administering of field sobriety tests; problems with breath testing instruments and results; and the officer's finding of impairment.
Affiliation:
Prosecution
http://ndaa-apri.org/pdf/overcoming_impaired_driving_defenses.pdf
Available online: click here
Video Program Catalog
Michigan Prosecuting Attorneys Coordinating Council
Published 2003
Section 8 of this catalog is a list of videos relevant to the prosecution of DUI cases. The catalog includes videos on the cross-examination of expert witnesses, drug recognition experts, enhancing your case by bringing exhibits to life, standard field sobriety testing, blood alcohol and pharmacology, Datamaster technology, DUI detection, and evidence gathering.
Affiliation:
Prosecution
http://www.michiganprosecutor.org/Downloads/Video_Catalog/videomanual.pdf
Available online: click here
New Mexico DWI Benchbook: Criminal Proceedings Involving Driving Under the Influence of Alcohol or Drugs
New Mexico Judicial Education Center
Published 2002
This benchbook for general and limited jurisdiction judges provides information on all aspects of driving while impaired criminal proceedings in New Mexico. It covers elements of DWI offenses, initial stops and arrests, field sobriety and blood alcohol tests, implied consent issues, trial, sentencing, and related offenses. The appendices contain DWI case flow charts, penalty charts, charge descriptions for entering case documents into the court FACTS system, Scientific Laboratory Division fact sheets and regulations, and DWI statutes and uniform traffic ordinances.
Affiliation:
Judicial
http://jec.unm.edu/resources/benchbooks/dwi/index.htm
Available online: click here
Effective Use of Police Videos in DUI Defense
Steven Obermanand James A. H. Bell
Published 0
This article, published by the National Association of Criminal Defense Lawyers, focuses on using police videos to the advantage of the defendant.
Affiliation:
Defense
http://www.nacdl.org/public.nsf/698c98dd101a846085256eb400500c01/b3b6eb7a0ab1dbbe85256823006c0e7f?OpenDocument
Available online: click here
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