Resources for Powerful California DUI Prosecuting Attorneys
Ever wonder if California DUI Prosecutors (Deputy District Attorneys
or Deputy City attorneys) are biased in favor of the State of California
when it comes to winning DUI cases?
Are California DUI Prosecutors really unbiased? Adversarial?
Is it important to put into perspective how many powerful resources are
behind California DUI Prosecutors when they decide to prosecute someone
for a California DUI?
Take a look at the generic resources for DUI prosecutors:
http://www.ndaa.org/publications/apri/traffic_law.html
Traffic Law Publications
________________________________________
The publications listed below are available. "If you are a law enforcement
trainer or prosecutor trainer, prosecutor's office or prosecutors association,
bulk orders are welcome. If you would like to be on the newsletter mailing
list, please send your title, organization name, mailing address, and
phone number to trafficlaw@ndaa.org."
________________________________________
Basic Trial Techniques for Prosecutors
INTRODUCTION:
Basic Trial Techniques for Prosecutors
Every attorney and every case is unique; there are very few hard and fast
courtroom techniques and strategies. You must develop your own style and
adapt your strategy to each individual case. However, there are maxims
or guidelines you should consider in developing your own style and
strategies. This monograph is designed to assist you to make appropriate,
informed decisions by providing differing perspectives, examples and tips.
________________________________________
The Drug Evaluation and Classification (DEC) Program
Targeting Hardcore Impaired Drivers
INTRODUCTION:
The DEC program is employed by hundreds of law enforcement agencies at
the local, state and federal levels and by private industry. In addition,
the program is endorsed by numerous civilian associations and organizations.
To successfully explain the evidence and issues to jurors in Driving Under
the Influence of Drugs (DUID) and DRE cases, prosecutors must understand
the basics of the DEC Program. This publication is designed to provide
prosecutors with a basic understanding of the drug evaluation and classification
process.
________________________________________
Drug Toxicology for Prosecutors
Targeting Hardcore Impaired Drivers
INTRODUCTION: A Horse of a Different Color
Drug impaired drivers kill and maim thousands of people each and every
year in the United States. Unfortunately, prosecuting drug-impaired drivers
is a daunting task. Jurors, who are very familiar with alcohol’s
effects, signs and symptoms, often know little or nothing about other
drugs. Tainted by crime shows like CSI: Miami, they may have unrealistic
expectations about the nature and quantum of available proof. Unlike alcohol,
most states do not have “per se” limits for drugged driving.
To successfully explain the evidence and issues to jurors in Driving Under
the Influence of Drugs (DUID) cases, prosecutors must understand the basics
of drug toxicology.This publication is designed to provide prosecutors
with a basic understanding of drug pharmacology and testing.
________________________________________
Alcohol Toxicology for Prosecutors
Targeting Hardcore Impaired Drivers
INTRODUCTION: USING THE SCIENCE OF TOXICOLOGY AS A SWORD
This publication serves as a guide to the basic principles of toxicology
and the role of experts in this science. Patrick Harding, Toxicology Section
Supervisor on the Wisconsin State Laboratory of Hygiene, brings to these
pages more than 25 years of experience in the field of Forensic Alcohol
and Other Drugs and on the Board of Directors of the International Association
for Chemical Testing. He has testified in more than 500 cases and garnered
a national reputation as a lecturer to law enforcement officers and prosecutors.
________________________________________
Crash Reconstruction Basics for Prosecutors
Targeting Hardcore Impaired Drivers
INTRODUCTION: MAKING TOUGH DECISIONS
This Publication serves as a primer for prosecutors on the basic science,
investigative techniques and what questions to ask. Thanks to Professor
John Kwasnoski, author and nationally-recognized expert on crash deconstruction,
much of the mystery, myth and mathematical phobias surrounding this material
will be dispelled.
________________________________________
Horizontal Gaze Nystagmus - The Science and the Law: A Resource Guide
for Judges, Prosecutors and Law Enforcement
This comprehensive publication provides you with an understanding of HGN
and its use to detect impairment due to alcohol and certain other drugs.
This resource guide explains: how HGN correlates to alcohol and certain
other drugs, how it differs from other types of nystagmus and how HGN's
reliability has been tested and established in the courts. This guide
assists prosecutors to successfully establish the scientific reliability
of HGN under the Frye or Daubert standard and provides a comprehensive
source of HGN case law from across the country. In addition, the guide
contains a bibliography of research studies and articles regarding HGN,
as well as, predicate questions for use with police officers, SFST instructors,
optometrists, emergency room physicians and research psychologists.
_______________________________________
Between the Lines
The National Traffic Law Center's quarterly newsletter, Between the Lines,
highlights current issues, events and resources pertaining to the enforcement,
prosecution and adjudication of highway safety laws. (No charge)
________________________________________
Breath Testing For Prosecutors
Targeting Hardcore Impaired Drivers
INTRODUCTION
Law enforcement officers and prosecutors around the world rely on breath
alcohol testing to investigate and/or prove their DUI and DWI cases. They
use preliminary breath testing devices (also known as pre-arrest breath
testing devices or “PBTs”) and passive alcohol screening devices
to identify impaired drivers, evidential breath testing devices (EBTs)
to irove their guilt, and ignition interlock devices to ensure that they
do not drive under the influence again. These devices share similarities
in sampling and, to some degree, in the analytical methods they use. All
of them are capable of producing reliable results. However, EBTs are held
to much higher administrative standards than screening devices; and are
subjected to strict administrative controls and safeguards, including
regular inspections and accuracy checks. This paper addresses EBTs only.
________________________________________
Prior Convictions in Impaired Driving Prosecutions
Targeting Hardcore Impaired Drivers
INTRODUCTION
According to the National Highway Traffic Safety Administration (NHTSA)
“approximately 1.4 million drivers were arrested in 2001 for driving
under the influence of alcohol or narcotics.
In a perfect world, a prosecutor could type in the defendant’s name
and date of birth and instantly discover the person’s entire driving
record, including any prior convictions for DWI. However, in the real
world, prosecutors often search numerous locations to determine whether
a prior conviction exists, and if it does, where and when it occurred.
________________________________________
Overcoming Impaired Driving Defenses
Targeting Hardcore Impaired Drivers
INTRODUCTION: The Art of Anticipating Defenses
Many prosecutors may bristle at an analogy which reduces the criminal
justice system to a steeplechase, but this analogy speaks an obvious truth.
To successfully prosecute hard core impaired drivers, prosecutors must
clear statutory and constitutional hurdles. Prosecutors must demonstrate
that every element of the crime has been established beyond a reasonable
doubt and that none of the defendant’s constitutional rights were
violated.
________________________________________
Admissibility of Horizontal Gaze Nystagmus Evidence
Targeting Hardcore Impaired Drivers
INTRODUCTION: THE BEST FIELD SOBRIETY TEST
The HGN test is admissible in a majority of courtrooms in the country.
The foundational hurdles placed before prosecutors in many jurisdictions
are high, but prosecutors must be willing to fight for HGN’s admissibility.
This publication is currently out-of-print.
Second Edition
Prior Convictions DUI Prosecutions
This invaluable publication eases the burden of obtaining the documentation
necessary to prove prior DUI convictions from other states. Prior Convictions
in DUI Prosecutions contains all the information needed to obtain certified
copies of prior DUI convictions quickly and easily, including: how to
obtain out-of-state driving records showing prior convictions; how to
obtain certified copies of conviction from convicting courts; case citations
interpreting DUI laws from other states; and text of DUI statutes from
every state from 1999-2005.
Please contact LEXIS Law Publishing at 800-562-1197 for price and order
information.