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Arrest

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

Constitutional Rights

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

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

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

Statutory Rights

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

 
Topics
Initial Stop of Vehicle
Field Sobriety Testing
Arrest
Constitutional Rights
Statutory Rights
Testing of Body Samples
Charging of Offense
Pre-Trial and Trial Matters
Sentencing
Courts and DUI
Impact of DUI